SB 2013 — Relating to flying under influence and other aviation offenses

WEST VIRGINIA LEGISLATURE SECOND EXTRAORDINARY SESSION IntroducedENROLLED Senate Bill 2013 B YSENATORS BLAIR(MR.

RESIDENT)ANDB ALDWIN (BYREQUEST OF THEEXECUTIVE) [Introduced[Passed April 25, 2022]2022; Intr SB 2013 202225015S 202225016H A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article designated §17C-25-1, §17C-25-2, §17C-25-3, §17C-25-4, §17C-25-5, §17C-25-6, §17C- 25-7, §17C-25-8, §17C-25-9, §17C-25-10, and §17C-25-11, all relating to flying under the influence and other aviation offenses;

in effect from passage] Enr SB 2013 AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article designated §17C-25-1, §17C-25-2, §17C-25-3, §17C-25-4, §17C-25-5, §17C-25-6, §17C- 25-7, §17C-25-8, §17C-25-9, §17C-25-10, and §17C-25-11, all relating to flying under the influence and other aviation offenses;

IntrEnr SB 2013 202225015S 202225016H ARTICLE 25.

“Controlled substance” has the meaning ascribed to it in Chapterchapter 60A of this code.

"Law-enforcement“Law-enforcement officer"officer” means:

(3) any member of a police department in any IntrEnr SB 2013 202225015S 202225016H political subdivision of this state;

IntrEnr SB 2013 202225015S 202225016H (4) Under the combined influence of alcohol any controlled substance, or any other drug;

(e) A person violating any provision of subsection (b) of this section is, for the second offense under this section, guilty of a felony and, upon conviction thereof, shall be imprisoned in IntrEnr SB 2013 202225015S 202225016H a state correctional facility for a definite term of imprisonment of not less than one year nor more than five years.

IntrEnr SB 2013 202225015S 202225016H (a) Any person who operates an aircraft in this state is considered to have given his or her consent by the operation thereof to a preliminary breath analysis and a secondary chemical test of either his or her blood, breath, or urine for the purposes of determining the alcoholic content of his or her blood, breath, or urine.urine.A preliminary breath analysis may be administered in accordance with the provisions of §17C-25-4 of this code whenever a law-enforcement officer has reasonable cause to believe a person committed an offense prohibited by §17C-25-2 of this code.

A preliminary breath analysis may be administered in accordance with the provisions of §17C-25-4 of this code whenever a law-enforcement officer has reasonable cause to believe a person committed an offense prohibited by §17C-25-2 of this code.

When a law-enforcement officer has reason to believe a person has committed an offense prohibited by §17C-25-2 of this code, the law-enforcement officer may require the person to submit to a preliminary breath analysis for the purpose of determining that person'sperson’s blood alcohol IntrEnr SB 2013 202225015S 202225016H content.

The person tested may, at his or her own expense, have a doctor of medicine or a doctor of osteopathy, registered nurse, or trained medical technician of his or her own choosing, attheat the place of his or her employment, administer a chemical test in addition to the test administered at the direction of the law-enforcement officer.

A person who administers any test upon the request of a law-enforcement officer, a hospital in or with which the person is employed or is otherwise associated or in which the test is administered and any other person, Enr SB 2013 firm, or corporation by whom or with which that person is employed or is in any way associated, Intr SB 2013 202225015S 202225016H is not in any way criminally liable for the administration of the test or civilly liable in damages to the person tested unless for gross negligence or willful or wanton injury.

(a)(1) Upon trial for the offense of operating an aircraft in this state while under the influence of alcohol, controlled substances, or drugs, or upon the trial of any civil or criminal action arising out of acts alleged to have been committed by any person operating an aircraft while under the influence of alcohol, controlled substances, or drugs, evidence of the amount of alcohol in the person'sperson’s blood at the time of the arrest or of the acts alleged, as shown by a chemical analysis of his or her breath, blood, or urine, is admissible if the sample or specimen was taken within two hours from and after the time of arrest or of the acts alleged, and shall give rise to the following presumption or have the following effect:

evidenceEvidence that there was, at that time, four-hundredths of one percent or more by weight of alcohol in his or her blood, is prima facie evidence that the person was under the influence of alcohol.

(2) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per one100 hundred cubic centimeters of blood.

(b) A chemical analysis of a person'sperson’s breath, blood, or urine, in order to give rise to the presumption or to have the effect provided for in subsection (a) of this section, shall be performed in accordance with methods and standards approved by the state Bureau offor Public Health.

Enr SB 2013 §17C-25-7.

Intr SB 2013 202225015S 202225016H Any person lawfully arrested for operating an aircraft in this state while under the influence of alcohol, controlled substances, or drugs has the right to demand that a sample or specimen of his or her breath, blood, or urine be taken within two hours from and after the time of arrest and that a chemical test be performed.

(2) A person who willfully and without the knowledge or consent of the owner or person in lawful charge thereof, and with the intent to deprive the owner or person in lawful charge of the possession or use thereof, either temporarily or permanently, takes possession of, enters and Enr SB 2013 operates, or otherwise takes and uses, any aircraft belonging to another or in his or her lawful possession;

Intr SB 2013 202225015S 202225016H (3) Any person who assists, aids, and abets, or is present for the purpose and with the intent to assist, aid, or abet another person in taking possession of, entering, and operating, or otherwise taking and using the aircraft.

(d) Where a certificate, permit, or license is required by the United States for an aircraft, it shall be carried in the aircraft at all times while the aircraft is operating in the state, shall be conspicuously posted in the aircraft where it may readily be seen by passengers or inspectors, and shall be presented for inspection upon the demand of any law enforcement officer, or any Enr SB 2013 official, manager, or person in charge of any airport upon which the aircraft shall land, or upon the reasonable request of any person.

Intr SB 2013 202225015S 202225016H All law enforcement officers shall enforce and assist in the enforcement of this article and all other laws of this state relating to aeronautics.

NOTE:Enr SB 2013 The Joint Committee on Enrolled Bills hereby certifies that the foregoing bill is correctly enrolled.

The............................................................... purpose of this bill is to codify state, criminal offenses relating to operation aircraft and codify procedures relating to collection and use of evidence therefor.

Strike-throughsChairman, indicateSenate languageCommittee that............................................................... would be stricken from a heading or the present law and underscoring indicates new language that would be added.

11Chairman, House Committee Originated in the Senate.

In effect from passage.

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Clerk of the Senate ...............................................................

Clerk of the House of Delegates ...............................................................

President of the Senate ...............................................................

Speaker of the House of Delegates __________ The within ...................................................

this the...........................................

Day of ..........................................................................................................., 2022.

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Governor 13