WEST virginia legislature
2022 regular session
Introduced
Senate Bill 254
By Senators Trump and Rucker
[Introduced January 13, 2022;
referred to
the Committee on the Judiciary; and then to the Committee on Finance]
A BILL to amend and reenact §17C-5-1 of the Code of West Virginia, 1931, as amended, relating to clarifying the offense of vehicular homicide; changing negligent homicide to vehicular homicide; and adding a misdemeanor offense for when a person dies within a year as a proximate result of driving in a negligent manner.
Be it enacted by the Legislature of West Virginia:
ARTICLE 5. SERIOUS TRAFFIC OFFENSES.
§17C-5-1. Negligent
Vehicular homicide; penalties.
(a) When the death of any
person ensues within one year as a proximate result of injury received by the
driving of any vehicle anywhere in this state in reckless and wanton
disregard of the safety of others, the person so operating such vehicle shall
be guilty of negligent the felony offense of reckless and wanton
vehicular homicide.
(b) Any person convicted of
negligent the felony offense of reckless and wanton vehicular
homicide shall be punished by imprisonment for an indeterminate term of
not more less than one year nor more than five years or by
fine of not less than $100 $2,000 nor more than $1,000 $5,000,
or by both such fine and imprisonment.
(c) When the death of any person ensues within one year as a proximate result of injury received by the driving of any vehicle anywhere in this state in negligent manner, but not in reckless and wanton disregard of the safety of others, the person so operating the vehicle shall be guilty of the misdemeanor offense of negligent vehicular homicide.
(d) Any person convicted of the misdemeanor offense of negligent vehicular homicide shall be punished by confinement in jail for not more than six months, or by fine of not less than $500 nor more than $1,000, or by both such fine and imprisonment.
(c) (e) The commissioner shall revoke the license
or permit to drive and any nonresident operating privilege of any person
convicted of vehicular homicide or negligent homicide.
NOTE: The purpose of this bill is to further define the offense of vehicular homicide. The bill changes negligent homicide to vehicular homicide. The bill adds a misdemeanor offense for when a person dies within a year as a proximate result of driving in a negligent manner.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.