West Virginia 2024 Regular Session

West Virginia House Bill HB5119

Introduced
1/25/24  

Caption

Relating to Vehicular Homicide

Impact

If passed, HB 5119 will amend existing traffic laws in West Virginia by introducing stricter repercussions for individuals convicted of vehicular homicide under reckless circumstances. Under this bill, offenders could face imprisonment for a term ranging from one to five years, fines up to $5,000, or both. This aligns West Virginia’s laws more closely with jurisdictions that already categorize similar offenses as felonies, potentially leading to enhanced public safety and a deterrent effect against reckless driving.

Summary

House Bill 5119 proposes the creation of a new felony offense of reckless and wanton vehicular homicide in West Virginia. The bill defines the offense as occurring when a person operates a vehicle in a manner that shows reckless disregard for the safety of others and results in death within one year of the incident. This legislative change aims to strengthen penalties for dangerous driving behavior that leads to fatalities, aligning legal consequences with the severity of such actions.

Sentiment

The sentiment surrounding HB 5119 appears to be largely supportive among proponents who emphasize the need for stronger penalties to prevent reckless driving incidents that endanger public safety. Supporters argue that enhancing the legal ramifications for such behavior is a necessary step to protect citizens on the road. However, there may be concerns from advocates for justice reform, who argue that harsh penalties should not disproportionately impact individuals without addressing underlying issues of road safety.

Contention

Notable points of contention may arise around the definition of 'reckless and wanton disregard,' which could be subjectively interpreted by law enforcement and judicial authorities. Critics might argue that without clear guidelines, this could lead to inconsistent applications of the law, affecting the fairness of trials. Additionally, as with many criminal justice reforms, there may be debates about the effectiveness of increased penalties in truly deterring reckless driving behavior versus addressing root causes such as driver education and traffic law enforcement.

Companion Bills

No companion bills found.

Previously Filed As

WV SB624

Clarifying offense of vehicular homicide

WV HB3401

Relating to negligent homicide

WV SB660

Establishing aggravated felony offense of reckless driving resulting in death

WV HB2246

Relating to unlawfully using electronic communication devices while driving

WV HB2837

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

WV SB123

Creating enhanced penalties for fleeing officer

WV HB3038

Add unborn persons to the definition of driving under the influence and causing injury or death to an unborn person.

WV HB2218

Distracted Driving Act

WV HB3302

To recognize unborn child as distinct victim in a DUI causing death

WV HB2527

Relating to revising the criminal code generally

Similar Bills

No similar bills found.