SB 73 — Modifying crime of fleeing from scene of accident

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Red = new code to be enacted WEST virginia legislature regular session Enrolled Committee Substitute for Senate Bill 73 By Senators Weld and Cline,Cline original[Originating sponsorsin [Passedthe MarchCommittee 5,on 2018;the Judiciary;

inreported effecton 90January days16, from2018] passage]     ANA ACTBILL to amend and reenact §17C-4-1 of the Code of West Virginia, 1931, as amended, relating generally to motor vehicle crashes involving death or personal injuries;

Erin’sErin's Law.

Provided, That the driver may leave the scene of the crash as may reasonably be necessary for the purpose of rendering assistance to an injured any person injured in the crash, as required by §17C-4-3 of this code.

(b) Any driver who is involved in a crash in which another person suffersknowingly bodilyviolating injurythe andprovisions whoof intentionallysubsection violates(a) §17C-4-1(a) of this codesection whenafter hebeing orinvolved shein knowsa orcrash hasresulting reasonin tothe believedeath thatof anotherany person has suffered physical injury in said crash is guilty of a misdemeanorfelony and, upon convictionconviction, thereof, shall be fined by not more than $1,000,$5,000, confinedor imprisoned in jaila correctional facility for not moreless than one year,year nor more than five years, or both fined and confined.

Any driver who is involved in a crash in which another person suffers bodily injury and who intentionally violates §17C-4-1(a) of this code when he or she knows or has reason to believe that another person has suffered physical injury in said crash is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000, confined in jail for not more than one year, or both fined and confined.

(c) (d) NotwithstandingAny person knowingly violating the provisions of §17C-4-1(b)subsection or(a) §17C-4-1(c) of this code,section anyafter driverbeing who is involved in a crash thatresulting proximatelyin causesphysical theinjury death of another person who intentionally violates §17C-4-1(a) of this code when he or she knows or has reason to believeany that another person has suffered physical injury in said crash is guilty of a felonymisdemeanor and, upon conviction thereof, shall be finedpunished notby moreconfinement than $5,000, or imprisoned in ajail state correctional facility for not lessmore than one yearyear, noror fined not more than five$1,000, years, or bothboth. fined and imprisoned:

Notwithstanding the provisions of §17C-4-1-(b) or §17C-4-1(c) of this code, any driver who is involved in a crash that proximately causes the death of another person who intentionally violates §17C-4-1(a) of this code when he or she knows or has reason to believe that another person has suffered physical injury in said crash is guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000, or imprisoned in a state correctional facility for not less than one year nor more than five years, or both fined and imprisoned:

 (d) (f) The commissioner shall revoke the license or permit or operating privilege to drive of any resident or nonresident person convicted pursuant to the provisions of this section for a period of one year from the date of conviction or the date of release from incarceration, whichever is later.

(e) (g) This section may be known and cited as Erin’s“Erin's Law.Law”.