A CARELESS DRIVING BILL!
A life is worth more than $20.00!!
We’ve defended your right to ride for over Two Decades!
Senate Bill No. 473
(Senators Unger, Hunter and Kessler, original sponsors)
[Passed March 9, 2006; to take effect July 1, 2006.]
AN ACT to amend and reenact §17C-5-3 of the Code of West Virginia, 1931, as amended, relating to creating the criminal offense of reckless driving causing serious bodily injury; defining serious bodily injury; and penalties.
Be it enacted by the Legislature of West Virginia:
That section 17C-5-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 5. SERIOUS TRAFFIC OFFENSES.
Section 17C-5-3. Reckless driving; penalties.
(a) Any person who drives any vehicle upon any street or highway, or upon any residential street, or in any parking area, or upon the ways of any institution of higher education, whether public or private, or upon the ways of any state institution, or upon the property of any county boards of education, or upon any property within the state park and public recreation system established by the Director of the Division of Natural Resources pursuant to section three, article four, chapter twenty of this code in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(b) The provisions of subsection (a) of this section shall not apply to those areas which have been temporarily closed for racing sport events or which may be set aside by the Director of the Division of Natural Resources within the state park and recreation system for exclusive use by motorcycles or other recreational vehicles.
(c) Every person convicted of reckless driving is guilty of a misdemeanor, and upon a first conviction thereof, shall be confined in jail for a period of not less than five days nor more than ninety days, or fined not less than twenty-five dollars nor more than five hundred dollars, or both, and upon conviction of a second or subsequent conviction thereof, shall be confined in jail not less than ten days nor more than six months, or fined not less than fifty dollars nor more than one thousand dollars, or both.
(d) Notwithstanding the provisions of subsection (c) of this section, any person convicted of a violation of subsection (a) of this section who in doing so proximately causes another to suffer serious bodily injury shall, upon conviction, be confined in jail not less than ten days nor more than six months or fined not less than fifty dollars nor more than one thousand dollars, or both.
(e) For purposes of subsection (d) of this section, "serious bodily injury" means bodily injury which creates a substantial risk of death, which causes serious or prolonged disfigurement, prolonged impairment of health or prolonged loss or impairment of the function of any bodily organ.
Legislative History
DATE ACTION JOURNAL PAGE
04/13/06 Chapter 193, Acts, Regular Session, 2006
03/27/06 Approved by Governor 3/23/06 - House Journal 2860
03/19/06 Approved by Governor 3/23/06 - Senate Journal 201
03/23/06 Approved by Governor 3/23/06
03/17/06 To Governor 3/17/06 - House Journal 2646
03/17/06 To Governor 3/17/06 - Senate Journal15
03/17/06 To Governor 3/17/06
03/09/06 House received Senate message 1564
03/09/06 Completed legislative action
03/09/06 Communicated to House 13
03/09/06 Effective July 1, 2006 (Roll No. 5) 13
03/09/06 Senate concurred in House amendment and passed bill (Roll No. 5) 10-13
03/08/06 Communicated to Senate 1246
03/08/06 Effective July 1, 2006 (Roll No. 383) 1246
03/08/06 Passed House (Roll No. 382) 1245
03/08/06 Read 3rd time 1245
03/08/06 On 3rd reading, Special Calendar
03/07/06 Committee amendment adopted (Voice vote) 1199
03/07/06 Read 2nd time 1199
03/07/06 Placed on Special Calender 1184
03/07/06 Removed from Consent Calendar by request 1184
03/07/06 On 2nd reading, Consent Calendar
03/06/06 Read 1st time 1120
03/06/06 On 1st reading, Consent Calendar
03/03/06 With amendment, do pass to Consent Calendar 1088
02/15/06 To House Judiciary 524
02/15/06 To Judiciary 524
02/15/06 Introduced in House 524
02/14/06 Ordered to House 17
02/14/06 Effective July 1, 2006 (Roll No. 1) 16
02/14/06 Passed Senate (Roll No. 1) 16
02/14/06 Read 3rd time 16
02/14/06 On 3rd reading
02/13/06 Read 2nd time 13
02/13/06 On 2nd reading
02/10/06 Read 1st time 14
02/10/06 On 1st reading
02/09/06 Committee substitute reported 8
02/02/06 To Judiciary 15
02/02/06 To Judiciary 15
02/02/06 Introduced in Senate 14
02/02/06 To Judiciary
02/02/06 Filed for introduction
Both the Senate and the House of Delegates passed
SB 473 and HB 3179 with unanimous consent.
Governor Manchin signed the bill and it went into effect on July 1, 2006!
This is a great example of what can be accomplished when we work together.
ABATE would like to thank all of our representatives for their support.
Special Thanks to Senator's Unger , Kessler and Hunter &
Delegates Houston, Beach, and Marshall for sponsoring this legislation