H. B. 3154\
(By Delegate Warner)
[Introduced February 21, 2003; referred to the
Committee on the Judiciary.]
A BILL to amend article five, chapter seventeen-c of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
twelve, relating to prohibiting the intentional throwing of
objects from a motor vehicle at a pedestrian or other motor
vehicle while traveling on any roadway of this state or any
interstate highway; and providing penalties for violations.
Be it enacted by the Legislature of West Virginia:
That article five, chapter seventeen-c of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section twelve,
to read as follows:
ARTICLE 5. SERIOUS TRAFFIC OFFENSES.
§17C-5-12. Intentionally throwing objects at other vehicles or
persons; penalties.
(a) No person, who while driving or as a passenger in any
motor vehicle, may intentionally throw an object from that motor
vehicle at another motor vehicle or person in disregard for the
safety of persons or property
upon any street or highway, or upon
any residential street, or in any parking area, or upon the ways of
any institution of higher education, whether public or private, or
upon the ways of any state institution, or upon the property of any
county boards of education, or upon any property within the state
park and public recreation system established by the director of
the department of natural resources pursuant to section three,
article four, chapter twenty of this code.
(b) Any person violating the provisions of this section in
which neither injury or property damage occurred is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not more
than five hundred dollars.
(c) Any person violating the provisions of this section in
which property damage occurs is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not more than five hundred
dollars or confined in the county or regional jail for not more
than thirty days or both fined and confined.
(d) Any person violating the provisions of this section in
which personal injury occurs is guilty of a felony and, upon
conviction thereof, shall be fined not more than five thousand
dollars or imprisoned in a state correctional facility for not more
than two years or both fined and imprisoned.
(e) Any person violating the provisions of this section in
which death occurs is guilty of a felony and, upon conviction
thereof, shall be fined not more than twenty-five thousand dollars
or imprisoned in a state correctional facility for not more than
ten years or both fined and confined.
In addition, to the fines and penalties imposed by the
provisions of this section, the court shall require the person
convicted to pay restitution to any victim suffering injury or
property damage as a result of a violation of the provisions of
this section.
NOTE: The purpose of this bill is to make it a criminal
offense to intentionally throw objects from a motor vehicle at
another motor vehicle or pedestrian. Mandatory penalties are
provided in ascending order based on the involvement of property
damage and personal injury.
This section is new; therefore, strike-throughs and
underscoring have been omitted.