FISCAL NOTEWEST virginia legislature

2019 regular session

Introduced

House Bill 2820

By Delegate Shott

[Introduced February 1, 2019; Referred
to the Committee on Technology and Infrastructure then the Judiciary.]

A BILL to amend and reenact § 17C-5-3 of the Code of West Virginia, 1931, as amended, relating to establishing criminal penalties for reckless driving resulting in death, and increasing criminal penalties for reckless driving resulting in serious bodily injury.

Be it enacted by the Legislature of West Virginia:


ARTICLE 5. SERIOUS TRAFFIC OFFENSES.

§17C-5-3. Reckless driving; penalties.

(a) Any person who drives any vehicle upon any street or highway, or upon any residential street, or in any parking area, or upon the ways of any institution of higher education, whether public or private, or upon the ways of any state institution, or upon the property of any county boards of education, or upon any property within the state park and public recreation system established by the Director of the Division of Natural Resources pursuant to section three, article four, chapter twenty of this code in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.

(b) The provisions of subsection (a) of this section shall not apply to those areas which have been temporarily closed for racing sport events or which may be set aside by the Director of the Division of Natural Resources within the state park and recreation system for exclusive use by motorcycles or other recreational vehicles.

(c) Every person convicted of reckless driving is guilty of a misdemeanor and, upon a first conviction thereof, shall be confined in jail for a period of not less than five days nor more than ninety days, or fined not less than $25 nor more than $500, or both, and upon conviction of a second or subsequent conviction thereof, shall be confined in jail not less than ten days nor more than six months, or fined not less than $50 nor more than $1,000, or both.

(d) Notwithstanding the provisions of subsection (c) of this section, any person convicted of a violation of subsection (a) of this section who in doing so proximately causes the death of any person is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than three nor more than fifteen years and shall be fined not less than $1,000 nor more than $3,000.

(d) (e) Notwithstanding the provisions of subsection (c) of this section, any person convicted of a violation of subsection (a) of this section who in doing so proximately causes another to suffer serious bodily injury shall, upon conviction, be confined in jail not less than ten days two nor more than six months or ten years and fined not less than $50 $1000 nor more than $1,000,$3000. or both

(e) (f) For purposes of subsection (d) of this section, "serious bodily injury" means bodily injury which creates a substantial risk of death, which causes serious or prolonged disfigurement, prolonged impairment of health or prolonged loss or impairment of the function of any bodily organ.


 

NOTE: The purpose of this bill is to increase the penalties associated with reckless driving resulting in death or serious bodily injury.

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