West Virginia 2022 Regular Session

West Virginia House Bill HB2904

Introduced
1/12/22  

Caption

Relating to unlawfully using electronic communication devices while driving

Impact

The enactment of HB2904 is expected to have a significant impact on state laws pertaining to traffic and driving regulations. The bill categorizes texting while driving as a primary offense, allowing for immediate enforcement, while other forms of smartphone usage will also incur penalties. This move is anticipated to create a framework for increased accountability among drivers, compelling them to adhere to safe driving practices. Additionally, the bill includes provisions allowing for seizure of devices under certain circumstances, which marks a substantial shift in law enforcement's approach to distracted driving incidents.

Summary

House Bill 2904, known as the Robin W. Ames Memorial Act, focuses on the unlawful use of electronic communication devices while driving in the state of West Virginia. The bill seeks to amend existing law by enforcing stricter penalties for violations, including community service, fines, misdemeanor jail time, and felony charges in cases that result in serious injury or death. By redefining what constitutes illegal usage of devices while driving, the bill aims to enhance road safety and reduce traffic-related incidents caused by distracted driving.

Sentiment

The sentiment surrounding HB2904 has been generally positive among supporters, many of whom view the enhancements to penalties as necessary steps toward improving public safety on roads. There is a strong advocacy for reducing fatalities and injuries linked to distracted driving. Nonetheless, there are concerns among some critics about potential overreach and the implications of device seizure, which could invoke civil liberties debates. Overall, the intention behind the bill seems rooted in a desire to foster safer road environments.

Contention

Notable points of contention regarding HB2904 include the severity of the penalties imposed for various offenses, particularly the classification of certain violations as felonies when resulting in injury or death. Supporters stress that such measures are crucial for deterrence, while opponents argue that they may lead to excessive punishment for individuals who may not have intended harm. The discussions highlight a tension between ensuring road safety and protecting individual rights, especially regarding the right to privacy in using personal communication devices.

Companion Bills

No companion bills found.

Previously Filed As

WV HB2246

Relating to unlawfully using electronic communication devices while driving

WV HB4066

Distracted Driving Act

WV SB065

Mobile Electronic Devices & Motor Vehicle Driving

WV HB2218

Distracted Driving Act

WV S438

Extends to 90 days statute of limitations for unlawful use of cell phone while driving; increases penalties for texting while driving.

WV S107

Extends to 90 days statute of limitations for unlawful use of cell phone while driving; increases penalties for texting while driving.

WV HB1107

Prohibit the use of certain mobile electronic devices while driving, and to provide a penalty therefor.

WV SB713

Modifies provisions relating to the operation of motor vehicles while using electronic devices

WV SB61

Modifies provisions relating to the operation of motor vehicles while using electronic devices

WV SB175

Mobile Electronic Devices And Motor Vehicle Driving

Similar Bills

WV HB2246

Relating to unlawfully using electronic communication devices while driving

WV HB4066

Distracted Driving Act

WV HB2218

Distracted Driving Act

CT HB06033

An Act Concerning Distracted Driving And Revisions To The Motor Vehicle Statutes.

CA AB970

Vehicles: distracted driving.

VT H0761

An act relating to penalties and point assessments for using a portable electronic device while operating a moving motor vehicle and the Distracted Driving Diversion Program

SC H3276

SC Hands-Free Act

SC S0090

South Carolina Hands-free Act