HB 2871: Relating to the crime of negligent homicide - West Virginia

hb2871 hfat mcgeehan 4-9 adopted.htm → hb2871 sfat stuart _1 4-7 adopted.htm · 3 edits

MINOR

The bill title was changed from a House version to a Senate version with a more concise description. The Senate version simplifies the title from listing every specific code section to a general description about updating negligent homicide to vehicular homicide, while maintaining the same substantive content.

TECHNICAL

Bill title was shortened from a detailed list of all affected code sections to a general description of the bill's purpose

Changed from House amendment by Delegate McGeehan to Senate amendment by Senator Stuart

Added reference to §17C-19-3 in the Senate version's list of affected code sections

hb2871 s jud am _1 4-3 adopted.htm → hb2871 hfat mcgeehan 4-9 adopted.htm · 6 edits

MODERATE

This bill updates West Virginia's criminal and traffic laws to clarify how convictions for serious vehicle-related offenses affect driver's licenses, insurance policies, and commercial driving privileges. It adds embryos and fetuses as protected victims in certain violent crimes, establishes specific vehicular homicide offenses with enhanced penalties, and tightens distracted driving rules for all drivers and school bus operators.

Scope change

The bill expands the scope of protected victims to include embryos and fetuses in violent crimes, clarifies that out-of-state convictions for serious traffic offenses trigger license revocation, and extends these protections to commercial drivers and watercraft operators.

DEFINITION

Added embryos and fetuses as distinct victims of violent crimes under the Unborn Victims of Violence Act, ensuring they receive the same legal protections as born individuals.

Clarified that violations of the newly created §17C-5-1 offenses count as 'violations of traffic law' for juvenile court proceedings.

ENFORCEMENT

Updated driver's license revocation rules to explicitly include convictions for vehicular homicide, aggravated vehicular homicide, and related offenses under §17C-5-1.

REQUIREMENT

Enhanced distracted driving penalties for commercial drivers and added specific prohibitions on using electronic devices while operating school buses.

Established new vehicular homicide offenses with specific penalties for deaths occurring in school zones and construction zones.

ELIGIBILITY

Revised insurance cancellation and nonrenewal rules to include convictions for the newly established vehicular homicide offenses as valid grounds for policy termination.

Committee Substitute for the Committee Substitute → hb2871 s jud am _1 4-3 adopted.htm · 10 edits

MAJOR

This bill significantly strengthens West Virginia's traffic safety laws by creating new criminal offenses for vehicular homicide, including protection for embryos and fetuses, and by expanding penalties for reckless driving and distracted driving. It also updates commercial driver's license disqualification rules and insurance cancellation requirements to reflect these new offenses.

Scope change

The bill expands criminal liability to include embryos and fetuses as protected persons in vehicular homicide cases, and extends these protections to watercraft operations as well.

DEFINITION

Added 'criminally injurious conduct' as a defined term in victim compensation statutes to clarify what criminal acts qualify for state compensation awards.

Added detailed definitions for victim compensation including secondary victims, economic loss, and allowable expenses.

SCOPE

Created new criminal offenses for negligent vehicular homicide, aggravated vehicular homicide, vehicular homicide in school zones, and vehicular homicide in construction zones.

Extended embryo and fetus protection to vehicular homicide offenses, recognizing them as separate victims alongside the mother.

Created new criminal offenses for negligent and aggravated homicide by operation of motorized watercraft, including embryo and fetus protection.

ENFORCEMENT

Increased penalties for reckless driving, including longer jail terms and higher fines, and added provisions for serious bodily injury consequences.

Added vehicular homicide offenses to the list of crimes that require immediate court appearance upon arrest.

REQUIREMENT

Expanded distracted driving prohibitions to include smartwatches and additional electronic devices, with stricter penalties for violations causing harm or death.

Expanded insurance cancellation and nonrenewal grounds to include the new vehicular homicide offenses and added provisions for multiple traffic violations.

ELIGIBILITY

Updated commercial driver's license disqualification periods and added lifetime disqualifications for certain serious offenses including human trafficking and controlled substance felonies.

Enrolled Version → Committee Substitute · 5 edits

MODERATE

This bill establishes new felony offenses for vehicular homicide (including deaths of embryos and fetuses), creates specific penalties for deaths in school and construction zones, and expands protections for unborn victims in violent crimes. It also updates definitions of 'criminally injurious conduct' to include vehicular homicide offenses and strengthens commercial driver's license disqualification rules for serious traffic violations.

Scope change

The bill expands criminal liability to include deaths of embryos and fetuses in vehicular homicide cases, adds specific protections for school and construction zones, and clarifies that convictions under these new offenses trigger driver's license revocation and commercial license disqualification.

SCOPE

Added 'embryo or fetus' as protected persons in vehicular homicide cases, establishing that deaths of unborn children caused by reckless driving constitute criminal offenses.

REQUIREMENT

Created new felony offenses for negligent vehicular homicide, aggravated vehicular homicide, vehicular homicide in school zones, and vehicular homicide in construction zones with specific sentencing guidelines.

DEFINITION

Updated definition of 'criminally injurious conduct' to explicitly include vehicular homicide offenses under §17C-5-1.

ENFORCEMENT

Strengthened driver's license revocation requirements for convictions under new vehicular homicide offenses and expanded commercial driver's license disqualification periods.

ELIGIBILITY

Modified insurance policy cancellation and nonrenewal provisions to include convictions under the new vehicular homicide offenses as grounds for denial.

Committee Substitute → Committee Substitute for the Committee Substitute · 6 edits

MODERATE

This bill updates West Virginia's traffic and criminal laws to create new felony offenses for deaths caused by operating motor vehicles, including protection for embryos and fetuses. It expands driver's license revocation requirements, strengthens distracted driving penalties, and updates commercial driver disqualification rules to align with these new offenses.

Scope change

The bill expands criminal liability to include deaths of embryos and fetuses in vehicular homicide cases, and extends license revocation requirements to cover these new offenses.

SCOPE

Added protection for embryos and fetuses as protected persons in vehicular homicide cases under §17C-5-1

Added similar protections for motorized watercraft deaths to mirror the vehicular homicide provisions

ENFORCEMENT

Updated driver's license revocation requirements to include convictions under the new vehicular homicide offenses

REQUIREMENT

Enhanced distracted driving penalties and clarified that causing death through distracted driving constitutes vehicular homicide

Updated commercial driver's license disqualification rules to include the new vehicular homicide offenses

DEFINITION

Updated definitions in juvenile court actions to clarify that new vehicular homicide offenses count as violations of traffic law

Introduced Version → Engrossed Committee Substitute for the Committee Substitute · 6 edits · Apr 11, 2025

MODERATE

This bill significantly expands West Virginia's traffic and criminal laws by creating new vehicular homicide offenses for school zones and construction zones, clarifying that embryos and fetuses are victims of crimes, and updating commercial driver's license disqualification rules. It also strengthens distracted driving penalties and expands victim compensation definitions.

Scope change

The bill expands criminal liability to include specific scenarios (school zones, construction zones) and extends protection to embryos and fetuses as distinct victims in vehicular homicide cases.

REQUIREMENT

Created new crimes of vehicular homicide in school zones and construction zones with specific penalties and license revocation requirements.

Enhanced distracted driving laws by adding new prohibited activities and increasing penalties for violations causing serious harm or death.

DEFINITION

Clarified that embryos and fetuses are recognized as distinct victims in crimes of violence, including vehicular homicide cases.

ENFORCEMENT

Updated commercial driver's license disqualification rules to include new vehicular homicide offenses and expanded distracted driving penalties.

Updated insurance policy cancellation and nonrenewal rules to reflect new vehicular homicide offenses as grounds for policy termination.

ELIGIBILITY

Expanded victim compensation program definitions to include lost scholarships and clarified who qualifies as a claimant.

Relating to the crime of negligent homicide

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