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 language in §17C-5-1, replacing "reckless disregard" with "negligent" to define negligent vehicular homicide, and introduces a new section, §17C-5-1a, which defines aggravated vehicular homicide as resulting from reckless disregard for human life. The penalties for these offenses are also specified, with aggravated vehicular homicide carrying a punishment of two to five years in prison and a fine of up to $20,000, while negligent vehicular homicide may result in up to one year of imprisonment or a fine between $100 and $1,000.

Additionally, the bill amends §61-2-30 to recognize embryos and fetuses as separate victims in cases of violent crimes, including those defined under the new vehicular homicide statutes. This section clarifies that a pregnant woman and her unborn child are considered distinct victims for the purposes of prosecution, while also outlining exceptions for legal abortions and medical procedures. The bill emphasizes the protection of unborn victims in the context of vehicular homicide, thereby expanding the legal framework surrounding these offenses in West Virginia.

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