Bill Text: WV HB4602 | 2020 | Regular Session | Engrossed
Bill Title: Increasing the penalty for DUI causing death when a child is present
Spectrum: Moderate Partisan Bill (Democrat 8-2)
Status: (Engrossed - Dead) 2020-02-27 - To Judiciary [HB4602 Detail]
Download: West_Virginia-2020-HB4602-Engrossed.html
WEST virginia legislature
2020 regular session
ENGROSSED
House Bill 4602
By Delegates Evans, Shott, Paynter, Estep-Burton, Lavender-Bowe, Zukoff, Miley, Caputo, Fleischauer, R. Thompson and Rodighiero
[Introduced January 30, 2020; Referred to the Committee on the Judiciary.]
A BILL to amend and reenact §17C-5-1 of the Code of West Virginia, 1931, as amended, relating to increasing the penalty for DUI causing death when a child is present in the vehicle at the time of the accident.
Be it enacted by the Legislature of West Virginia:
ARTICLE 5. SERIOUS TRAFFIC OFFENSES.
§17C-5-1. Negligent homicide operation of a motor
vehicle resulting in death; 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 disregard of the safety of others, the person so
operating such vehicle shall be guilty of negligent homicide.
(b) Any person
convicted of negligent homicide a felony and, upon conviction thereof,
shall be imprisoned in a state correctional facility for not less than two nor
more than ten years and shall be fined not less than $1,500 nor more than
$3,000 shall be punished by imprisonment for not more than one year or
by fine of not less than $100 nor more than $1,000, or by both such fine and
imprisonment.
(b) 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 disregard of the safety of others, and a child is present in the vehicle at the time of the accident, the person so operating such vehicle shall be guilty of a felony, and shall be punished by imprisonment for not less than three nor more than fifteen years and by a fine of not less than $2,000 nor more than $5,000.
(c) The commissioner shall revoke the license or permit to drive and any nonresident operating privilege of any person convicted of negligent homicide.
NOTE: The purpose of this bill is to increase the criminal penalty for DUI causing death when a child was present in the car when the accident occurred.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
