summary
Introduced
02/24/2025
02/24/2025
In Committee
04/04/2025
04/04/2025
Crossed Over
03/10/2025
03/10/2025
Passed
04/11/2025
04/11/2025
Dead
Signed/Enacted/Adopted
04/25/2025
04/25/2025
Introduced Session
2025 Regular Session
Bill Summary
AN ACT to amend and reenact §14-2A-3 of the Code of West Virginia, 1931, as amended, related to updating definitions to “criminally injurious conduct”; also to amend and reenact §17B-1A-1 of the Code of West Virginia, 1931, as amended, relating to the driver’s license compact and clarifying that any conviction for an offense in another jurisdiction for the crimes contained within §17C-5-1 shall be subject to revocation; also to amend and reenact §17B-3-5 of the Code of West Virginia, 1931, as amended, relating to update that a conviction of any offense contained within 17C-5-1 shall be subject to revocation; also to amend and reenact §17C-5-1 of the Code of West Virginia, 1931, as amended, relating to adding an embryo as a protected person and subject to the protections of this section, establishing the crimes of vehicular homicide, aggravated vehicular homicide, vehicular homicide in a school zone, vehicular homicide in a construction zone, and establishing fines and penalties related thereto, and establishing the nexus between a conviction of any of these offenses and the revocation of a person’s driver’s license; also to amend and reenact §17C-5-3 of the Code of West Virginia, 1931, as amended, relating to reckless driving and updating and enhancing the fines and penalties relating thereto; also to amend and reenact §17C-14-15 of the Code of West Virginia, 1931, as amended, relating to amending the electronically distracted driving act to clarify that a person convicted of causing the death of another due to a violation shall now be guilty of vehicular homicide; also to amend and reenact §17E-1-13 of the Code of West Virginia, 1931, as amended, relating to updating the commercial drivers license process to clarify that a conviction of an offense in §17C-5-1 shall disqualify a person from a commercial driver’s license; also to amend and reenact §20-7-18a of the Code of West Virginia, 1931, as amended, relating to establishing the crimes of homicide by operation of motorized watercraft, aggravated homicide by operation of motorized watercraft, establishing fines and criminal penalties, and suspension of privileges to operate a motorboat or other motorized vessel upon conviction; also to amend and reenact §33-6A-1 of the Code of West Virginia, 1931, as amended, relating to cancellation and nonrenewal of automobile insurance premiums and updating to reflect the newly established crimes contained in §17C-5-1 of this code; also to amend and reenact §33-6A-1 of the Code of West Virginia, 1931, as amended, relating to clarifying that a conviction for a crime in the newly created §17C-5-1 of this code shall constitute a basis for failure to renew an outstanding automobile liability or physical damage insurance policy which has been in existence for two consecutive years; also to amend and reenact §49-1-207 of the Code of West Virginia, 1931, as amended, relating to updating that definitions in court actions involving juveniles to clarify that newly created criminal provisions contained in §17C-5-1 are defined as a “Violation of a traffic law of West Virginia”; also to amend and reenact §61-2-30 of the Code of West Virginia, 1931, as amended, relating to recognition of an embryo or fetus as a distinct unborn victim of certain crimes of violence against the person and clarifying that this section shall now apply to the criminal offenses contained in §17C-5-1 of this code”.
AI Summary
This bill addresses multiple aspects of traffic safety, criminal law, and driver licensing in West Virginia, with a primary focus on establishing and enhancing penalties for vehicular homicide and related offenses. The bill creates new categories of vehicular homicide, including standard vehicular homicide, aggravated vehicular homicide, vehicular homicide in a school zone, and vehicular homicide in a construction zone. These offenses now explicitly recognize an embryo or fetus as a distinct victim, with penalties ranging from misdemeanors with fines up to $10,000 and one year in jail to felonies with fines up to $20,000 and up to five years in prison, depending on the specific circumstances. The bill also includes provisions for mandatory license revocation for individuals convicted of these offenses, updates commercial driver's license disqualification rules, and modifies insurance policy cancellation and nonrenewal provisions to reflect these new criminal categories. Additionally, the bill expands the definition of criminally injurious conduct and updates various sections of West Virginia law to incorporate these new vehicular homicide provisions, including changes to how traffic violations are defined and processed in legal and administrative contexts.
Committee Categories
Justice
Sponsors (11)
Joe Funkhouser (R)*,
Geno Chiarelli (R),
Wayne Clark (R),
Rick Hillenbrand (R),
Josh Holstein (R),
Mike Hornby (R),
Chuck Horst (R),
Larry Kump (R),
Phil Mallow (R),
Ian Masters (R),
Carl Roop (R),
Last Action
Approved by Governor 4/25/2025 (on 04/25/2025)
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