WEST virginia Legislature
2017 regular session
Introduced
Senate Bill 208
By Senator Weld
[Introduced February 9, 2017;
referred
to the Committee on the Judiciary]
A BILL to amend and reenact §17C-4-1 of the Code of West Virginia, 1931, as amended, relating to modifying the crime of fleeing the scene of an accident involving injuries; and increasing criminal penalties.
Be it enacted by the Legislature of West Virginia:
That §17C-4-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 4. ACCIDENTS.
§17C-4-1. Crashes involving death or personal injuries; Erin's Law.
(a) The driver of any
vehicle involved in a crash resulting in injury to or death of any person shall
immediately stop the vehicle at the scene of the crash or as close to the scene
as possible and return to and remain at the scene of the crash or as
close to the scene as possible until he or she has complied with the
requirements of section three of this article: Provided, That the driver
may leave the scene of the crash as may reasonably be necessary for the purpose
of rendering assistance to an injured person as required by said section three.
Every such stop shall be made without obstructing traffic more than is
necessary.
(b) Any person who knowingly
violating and intentionally violates the provisions of subsection
(a) of this section after being involved in a crash resulting in which
proximately causes the death of any person is guilty of a felony
and, upon conviction thereof, shall be fined by not more than $5,000 or
imprisoned in a state correctional facility for not less than one year
nor more than five years, or both fined and confined imprisoned.
(c) Any person who knowingly and intentionally violates the provisions of subsection (a) of this section after being involved in a crash which proximately causes serious bodily injury to any person other than himself or herself is guilty of a felony and, upon conviction thereof, shall be fined not more than $2,500 or imprisoned in a state correctional facility for not less than one year nor more than three years, or both fined and imprisoned.
(c) (d) Any person who knowingly violating
and intentionally violates the provisions of subsection (a) of this
section after being involved in a crash resulting in physical injury to any
person which proximately causes a bodily injury to any person other than
himself or herself is guilty of a misdemeanor and, upon conviction thereof,
shall be punished by confinement in jail for not more than one year, or fined
not more than $1,000, or both.
(d) (e) The commissioner shall revoke the license
or permit or operating privilege to drive of any resident or nonresident person
convicted pursuant to the provisions of this section for a period of one year
from the date of conviction or the date of release from incarceration,
whichever is later.
(e) (f) This section may be known and cited as "Erin's
Law".
NOTE: The purpose of this bill is to modify the crime of fleeing the scene of an accident involving injuries. It also increases criminal penalties when there is a death proximately resulting from the accident.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.