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Bill > HB4712
WV HB4712
WV HB4712Increasing the criminal penalties for DUI causing death to be known as “Baylea’s Law.”
summary
Introduced
01/21/2026
01/21/2026
In Committee
02/23/2026
02/23/2026
Crossed Over
02/19/2026
02/19/2026
Passed
Dead
Introduced Session
2026 Regular Session
Bill Summary
A BILL to amend and reenact §17C-5-2 of the Code of West Virginia, 1931, as amended, relating to Baylea's Law and increasing penalties for DUI causing death; clarifying that certain persons convicted of DUI causing death are ineligible for assignment to a center for housing young adult offenders or home incarceration; creating predicate requirements for persons convicted of DUI causing death to be ineligible for assignment to a center for housing young adult offenders; and creating criminal penalties.
AI Summary
This bill, known as "Baylea's Law," increases the criminal penalties for driving under the influence (DUI) that results in death, specifically by raising the minimum and maximum prison sentences from three to five years and from 15 to 30 years, respectively, and increasing the associated fines. It also clarifies that individuals convicted of DUI causing death are ineligible for certain alternative sentencing programs, such as placement in a center for housing young adult offenders or home incarceration, unless the court finds the person acted with deliberate disregard for the safety of others, and this finding is clearly stated in the indictment and proven in court. The bill defines "impaired state" as being under the influence of alcohol, controlled substances, or other drugs, or having a blood alcohol concentration of 0.08% or more, and "serious bodily injury" as injury that creates a substantial risk of death or causes significant disfigurement or organ impairment.
Committee Categories
Justice
Sponsors (9)
Josh Holstein (R)*,
James Akers (R),
Jarred Cannon (R),
Geno Chiarelli (R),
Roger Hanshaw (R),
Scot Heckert (R),
Tresa Howell (R),
Frederick Joe Parsons (R),
Adam Vance (R),
Last Action
To Judiciary (on 02/23/2026)
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