COMMITTEE SUBSTITUTE

FOR


Senate Bill No. 473

(By Senators Unger, Hunter and Kessler)

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[Originating in the Committee on the Judiciary;

reported February 9, 2006.]

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A BILL to amend and reenact §17C-5-3 of the Code of West Virginia, 1931, as amended, relating to creating the criminal offense of reckless driving causing serious bodily injury; defining serious bodily injury; and penalties.

Be it enacted by the Legislature of West Virginia:
That §17C-5-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 5. SERIOUS TRAFFIC OFFENSES.
§17C-5-3. Reckless driving; penalties.

(a) Any person who drives any vehicle 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 Division of Natural Resources pursuant to section three, article four, chapter twenty of this code in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(b) The provisions of subsection (a) of this section shall not apply to those areas which have been temporarily closed for racing sport events or which may be set aside by the Director of the Division of Natural Resources within the state park and recreation system for exclusive use by motorcycles or other recreational vehicles.
(c) Every person convicted of reckless driving may be punished upon a first conviction by imprisonment for a period of not less than five days nor more than ninety days, or by fine of not less than twenty-five dollars nor more than five hundred dollars, or by both such fine and imprisonment, and on a second or subsequent conviction may be punished by imprisonment for not less than ten days nor more than six months, or by a fine of not less than fifty dollars nor more than one thousand dollars, or by both. such fine and imprisonment
(d) Notwithstanding the provisions of subsection (e) of this section, any person convicted of a violation of subsection (a) of this section who in doing so proximately causes another to suffer serious bodily injury shall, upon conviction, be confined in jail not less than ten days nor more than six months or by a fine of not less that fifty dollars or more than one thousand dollars, or both.
(e) For purposes of subsection (d) of this section, "serious bodily injury" means bodily injury which creates a substantial risk of death, which causes serious or prolonged disfigurement, prolonged impairment of health or prolonged loss or impairment of the function of any bodily organ.
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(NOTE: The purpose of this bill is to create a new criminal offense of reckless driving causing serious bodily injury and setting penalties therefor.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.)