The bill amends various sections of the Code of West Virginia to establish new offenses and penalties for individuals who flee from law enforcement, particularly focusing on second and third or subsequent offenses. It introduces criminal penalties for these offenses and extends the timeframe for considering prior convictions during sentencing. Notably, fleeing in a vehicle while under the influence of alcohol or drugs will be treated as a driving under the influence (DUI) offense, impacting both criminal enhancement and licensure. The legislation also specifies that convictions for fleeing offenses will qualify for recidivist sentencing enhancements, leading to harsher penalties for repeat offenders, and outlines mandatory sentences for DUI offenses resulting in bodily injury or death, which cannot be suspended or probated.
Additionally, the bill mandates that individuals with revoked or suspended licenses must complete a safety and treatment program before reinstatement and clarifies that alternative sentences cannot be imposed without the driver's consent. It requires prompt notification to the Commissioner of the Division of Motor Vehicles upon conviction for certain offenses. The bill also addresses various offenses related to obstructing law enforcement, including penalties for intentionally disarming an officer and making false statements to impede investigations. By enhancing regulatory measures and modernizing outdated legal language, the bill aims to improve compliance, oversight, and public safety in law enforcement interactions, with an effective date set for 90 days after passage.
Statutes affected: Introduced Version: 61-5-17
Committee Substitute: 61-5-17, 61-11-18
Enrolled Committee Substitute: 17C-5-2, 61-5-17, 61-11-18