Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home

Committee Substitute House Bill 4534 History

OTHER VERSIONS  -  Introduced Version  |  DOWNLOAD  wpd  |  Email


HB4534 SUB
COMMITTEE SUBSTITUTE

FOR

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.

§17C-4-1. Accidents involving death or personal injuries; Erin's Law.

(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 close 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 and confined.

(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 to 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."



This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature ****