HB 4534 Text

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Introduced Version House Bill 4534 History

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hb4534 intr H. B. 4534

(By Delegates Caputo, Manchin, Longstreth,
Wooton, Hamilton, Miley, Moore, Frazier,
Fleischauer, Hunt and Brown)

[Introduced February 18, 2010; referred to the
Committee on the Judiciary then Finance.]

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. Erin's Law ; accidents involving death or personal injuries.

(a) The driver of any vehicle 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~~ imprisonment in a correctional facility for a mandatory term of not less than one year and not more than three years or and fined not more than $5,000. ~~or both~~
(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 and any nonresident operating privilege of any person convicted pursuant to the provisions of this section for a period of one year.
(e) This section may be known and cited as "Erin's Law."

NOTE: The purpose of this bill is to increase the criminal penalty for failing to stop and render aid after a motor vehicle accident. The bill also names the code section "Erin's Law."

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