Baylea's Law amends the Code of West Virginia to impose stricter penalties for individuals who drive under the influence of alcohol or drugs and cause the death of another person. The bill introduces a new felony charge for such actions, with mandatory imprisonment ranging from five to 30 years and fines between $2,000 and $10,000. It also mandates a lifetime revocation of the offender's driver's license. The legislation outlines penalties for causing serious bodily injury or bodily injury while impaired, with varying degrees of punishment based on the severity of the offense. Additionally, it specifies that any death resulting from impaired driving must occur within one year of the offense for charges to be applicable and establishes harsher penalties for repeat offenders.
The bill further introduces provisions regarding sentencing and probation for motor vehicle operation offenses. It allows for conditional probation for first offenses and home detention as an alternative to incarceration. For second offenses, electronic monitoring is required for at least five days, while for third or subsequent offenses, the requirement increases to a minimum of ten days. Individuals with revoked or suspended licenses must complete a safety and treatment program before reinstatement. The bill also states that alternative sentences linked to a test and lock program cannot be imposed without the driver's consent, and the court clerk must notify the Commissioner of the Division of Motor Vehicles upon conviction or conditional probation. The law is set to take effect 90 days after passage.
Statutes affected: Introduced Version: 17C-5-2
Committee Substitute: 17C-5-2
Engrossed Committee Substitute: 17C-5-2
Enrolled Committee Substitute: 17C-5-2