House Bill 4534 History
OTHER VERSIONS -
Enrolled Version - Final Version
H. B. 4534
(By Delegates Caputo, Manchin, Longstreth,
Wooton, Hamilton, Miley, Moore, Frazier,
Fleischauer, Hunt and Brown)
(Originating in the Committee on the Judiciary)
[February 23, 2010]
A BILL to amend and reenact §17C-4-1 of the Code of West Virginia,
1931, as amended, relating to increasing the criminal penalty
for failing to stop and render aid after a motor vehicle
accident; and naming the code section "Erin's Law."
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.
Accidents involving death or personal injuries; Erin's
(a) The driver of any vehicle who is knowingly involved in an
accident resulting in injury to or death of any person shall
immediately stop the vehicle at the scene of the accident or as
thereto to the scene as possible but shall then forthwith and
return to and shall remain at the scene of the accident 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
accident 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 violating the provisions of subsection (a) of
this section after being involved in an accident resulting in the
death of any person is guilty of a felony and, upon conviction
thereof, shall be
punished by confinement in a correctional
facility for a mandatory term of not less than one year and fined
by not more than $5,000 or imprisoned in a correctional facility
for not less than one year nor more than five years, or both fined
(c) Any person violating the provisions of subsection (a) of
this section after being involved in an accident resulting in
physical injury to any person is guilty of a misdemeanor and, upon
conviction thereof, shall be punished by confinement in
a county or
regional jail for not more than one year, or fined not more than
$1,000, or both.
(d) The commissioner shall revoke the license or permit
drive or operating privilege to drive and of any resident or
nonresident operating privilege of any 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) This section may be known and cited as "Erin's Law."