West Virginia 2023 Regular Session

West Virginia Senate Bill SB123

Introduced
1/11/23  
Refer
1/11/23  
Engrossed
3/1/23  
Refer
3/2/23  

Caption

Creating enhanced penalties for fleeing officer

Impact

If passed, SB123 would amend existing West Virginia state law regarding crimes against public justice. The proposed changes emphasize the seriousness of fleeing from police, with new criteria for escalating penalties based on the number of offenses. The law would tighten the framework around vehicular offenses and enhance consequences for actions that compromise public safety, aligning the state's penalties with the severity of the crime. The bill seeks to improve accountability for those who attempt to evade law enforcement.

Summary

Senate Bill 123 addresses enhancements to penalties for individuals who flee law enforcement, either on foot or in a vehicle. The bill establishes graduated penalties for repeat offenders, with second and third offenses escalating to felony charges and significant prison time. Additionally, the legislation stipulates that fleeing while under the influence of alcohol or drugs will be treated similarly to a DUI offense in relation to license consequences. This change aims to deter individuals from fleeing officers by imposing stricter consequences.

Sentiment

The sentiment surrounding SB123 appears to lean towards a strong support for law enforcement measures, reflecting a protective stance towards public safety. Advocates for the bill highlight the need for stronger deterrents against fleeing, citing the risks posed to community safety. However, there may also be concerns about the implications of increased penalties, particularly among civil rights advocates who worry about the potential for disproportionate enforcement or overcriminalization of non-violent offenses.

Contention

Notable points of contention include the potential for increased incarceration rates due to enhanced penalties and the fairness of applying stringent measures for fleeing offenses. Critics might argue that while the intent is to bolster public safety, the implications could result in harsh consequences for individuals who might experience a moment of panic or are unaware of a police pursuit. The bill reflects an ongoing debate about the balance between public safety and the rights of individuals, particularly in potentially ambiguous scenarios involving law enforcement.

Companion Bills

No companion bills found.

Previously Filed As

WV SB158

Enhancing penalties for fleeing officer

WV SB138

Enhancing penalties for fleeing officer

WV HB2837

Relating to intentionally fleeing or attempting to flee in a vehicle from a law-enforcement officer, probation officer, or parole officer

WV HB4459

Relating to intentionally fleeing or attempting to flee in a vehicle from a law-enforcement officer, probation officer, or parole officer

WV HB2870

Correcting the Issue of Fleeing DUI

WV SB2101

Criminal law; revise crimes of fleeing a law enforcement officer and carjacking.

WV HB402

Fleeing law enforcement; increase penalties for the crime of.

WV HB482

Enhanced penalties; repeal for certain crimes.

WV SB490

Motor Vehicles and Traffic; felony offense of fleeing or attempting to elude a police officer; provide

WV HB2747

Relating to fleeing a DUI

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