This bill aims to amend the West Virginia Code by establishing two distinct offenses: misdemeanor vehicular homicide and felony aggravated vehicular homicide. The bill modifies existing law by changing the definition of negligent vehicular homicide to include the term "negligent" and introduces a new section, 17C-5-1a, which defines aggravated vehicular homicide as a felony offense committed when a person's reckless disregard for human life results in another's death. Penalties for aggravated vehicular homicide include imprisonment for two to five years and a fine of up to $20,000, while negligent vehicular homicide remains punishable by up to one year in prison or a fine between $100 and $1,000.

Additionally, the bill amends section 61-2-30 of the Code to recognize embryos and fetuses as separate victims in cases of violent crimes, including the newly defined vehicular homicides. This recognition is intended to protect unborn victims and applies specifically to the enforcement of certain criminal provisions. The bill outlines exceptions to this recognition, such as acts committed during legal abortions or by medical personnel during treatment. Overall, the legislation seeks to enhance legal protections for unborn victims while establishing clearer definitions and penalties for vehicular homicide offenses.

Statutes affected:
Introduced Version: 17C-5-1, 61-2-30, 17C-5-1a