HB 5376
Requiring auto accident toxicology test be performed
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill requires toxicology tests to be performed on the drivers involved in fatal vehicle crashes in West Virginia. It aims to determine if substances contributed to the accident and potential criminal charges. The bill also increases penalties for drivers who intentionally violate traffic laws resulting in serious injury or death, including potential felony charges and license revocation. It is named Erin’s Law.
Key provisions
- Requires toxicology tests for drivers in fatal vehicle crashes.
- Increases penalties for drivers who intentionally violate traffic laws resulting in injury or death.
- Establishes felony charges and potential imprisonment for drivers causing death due to intentional violations.
- Defines key terms such as ‘bodily injury,’ ‘physical injury,’ and ‘serious bodily injury.’
- Provides for license revocation for convicted drivers.
- Names the bill ‘Erin’s Law’.
- Specifies that toxicology tests should be performed ‘as soon as possible’ after a fatal crash.
Who is affected
- Drivers of vehicles
- Passengers in vehicles
- Families of victims of fatal vehicle crashes
- Law enforcement agencies
- West Virginia State Courts
Notable changes
- Adds a specific requirement for toxicology testing in fatal vehicle crashes.
- Increases penalties for drivers involved in crashes resulting in serious injury or death, including felony charges.
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