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West VirginiaHB 28712025 Regular SessionHouseWALLET

Relating to the crime of negligent homicide

Sponsored By: Joe Funkhouser (Republican)

Signed by Governor

§14-2A-3§17B-1A-1§17B-3-5§17C-5-1§17C-5-3§17C-14-15§17E-1-13§20-7-18a§33-6A-1§49-1-207§61-2-30

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Bill Overview

Analyzed Economic Effects

12 provisions identified: 3 benefits, 7 costs, 2 mixed.

More crash victims can seek compensation

West Virginia’s crime-victim compensation program covers motor-vehicle conduct involving an offense listed in §17C-5-1. Victims must also qualify under the program’s existing requirements. This provision sets no new payment amount.

Drivers get limits on insurance cancellation

Insurers can cancel private-passenger auto liability policies only for listed reasons after 60 days; renewals receive this protection immediately. Reasons include nonpayment, material misrepresentation, specified policy violations, license suspension or revocation, and listed convictions or traffic violations. Insurers generally must give 30 days’ notice, or at least 14 days for nonpayment. An unpaid initial premium or installment can void coverage from issuance only after written notice allows 10 days to pay.

Drivers get protections when insurance ends

Insurers must give at least 45 days’ notice before refusing to renew auto liability or physical-damage coverage. After two consecutive years of coverage, nonrenewal is limited to listed grounds. Notices must explain the reasons, hearing rights, and possible eligibility for the assigned-risk insurance plan. After nonrenewal for an unpaid renewal premium, insurers must restore coverage upon application within 45 days after expiration. No other statutory nonrenewal ground can exist, and restored coverage does not cover the gap.

Boat operators face fatal-crash penalties

The law covers deaths caused by motorboats, jet skis, and other motorized vessels operated in West Virginia. Someone other than the operator must die from the injury within one year; legally defined embryos and fetuses are included. Reckless disregard brings a $1,000–$10,000 fine, up to one year in jail, or both. Deliberate disregard brings up to $20,000, one to five years in prison, or both. Either conviction also requires a five-year suspension of motorized-vessel operating privileges.

Commercial drivers face serious-offense driving bans

A first listed major offense or test refusal generally brings a one-year commercial-driving ban. Specified offenses while carrying hazardous materials requiring placards bring three years; a second qualifying conviction in a separate incident brings life. Covered conduct includes causing a fatality through negligent, reckless, or deliberately unsafe commercial driving, leaving a crash, and listed felony or disqualified-driving offenses. Some listed offenses in noncommercial vehicles also disqualify commercial license holders. Drivers also face bans for federal imminent-hazard findings, missing physical qualifications or valid medical certification, and failure to surrender a hazardous-materials-endorsed license after the specified federal security notice. The surrender-related ban continues until surrender or an affidavit of loss or inability to surrender; covered falsification of federal information or certifications brings 60 days. Specified drug or human-trafficking felonies using a commercial vehicle bring lifetime bans with no reinstatement; applicable periods run together where stated.

Commercial drivers face stricter license enforcement

Commercial driving is barred while a license or driving privilege is suspended, revoked, or canceled by any state or jurisdiction. The ban continues until the driver meets that jurisdiction’s reinstatement terms. The motor vehicles agency cannot authorize commercial driving through temporary, work-only, or hardship permits while driving privileges are inactive. Covered traffic records for commercial license holders or commercial-vehicle operators cannot be hidden, erased, deferred, or handled through diversion. This record rule covers convictions, revocations, suspensions, and disqualifications, but excludes parking violations.

Commercial drivers must obey stop-work orders

Commercial drivers convicted of violating out-of-service orders face driving bans. For nonhazardous-materials violations, bans are 180 days for a first conviction, two years for a second, and three years for later convictions. For placarded hazardous materials or vehicles designed for at least 16 people, including the driver, repeat convictions bring three years. The first-conviction ban remains 180 days. Repeat convictions must involve separate incidents within 10 years.

Drivers face penalties for fatal crashes

Reckless driving in West Virginia is vehicular homicide when an injury causes someone other than the driver to die within one year. This misdemeanor carries a $1,000–$10,000 fine, up to one year in jail, or both. Deliberate disregard for others’ safety makes it aggravated vehicular homicide, carrying up to $20,000, one to five years in prison, or both. Deliberate disregard means knowingly ignoring facts showing a high risk of injury and proceeding despite that risk or with indifference. A prosecution or conviction does not bar conviction or punishment for another crime from the same incident.

Fatal school and work-zone crashes punished

Reckless driving that causes a fatal injury in a qualifying school or construction zone is a felony. Someone other than the driver must die from the injury within one year. School-zone cases must occur during recess or when children arrive or leave during school opening or closing hours. Construction-zone cases require street or highway construction work to be underway. Either offense carries a $2,500–$5,000 fine, two to 10 years in prison, or both.

Homicide convictions trigger loss of driving

The motor vehicles agency must revoke licenses, permits, and nonresident driving privileges after convictions under the vehicular-homicide section. It must immediately revoke an operator’s or chauffeur’s license upon receiving a final conviction record for a listed motor-vehicle offense. For conduct before age 19, revocation lasts until age 19 or the otherwise required period, whichever is longer. West Virginia gives reported convictions from other Driver License Compact states the same license consequences as in-state convictions. That rule covers listed offenses resulting from motor-vehicle operation.

Commercial drivers face repeat-violation bans

Two listed serious traffic or licensing convictions in separate incidents within three years bring a 60-day commercial-driving ban. Three or more bring 120 days; violations include speeding at least 15 miles per hour over the limit, reckless driving, unsafe lane changes, and texting. Listed noncommercial-vehicle violations count only when the conviction suspends, revokes, or cancels the person’s overall driving privilege. Drivers cited for not carrying their commercial license avoid guilt by showing proof of possession by the court or fine-payment deadline. Listed commercial-vehicle railroad-crossing convictions bring 60 days for a first offense, 120 days for a second within three years, and one year for a third or later within three years.

Homicide law counts separate unborn victims

Under the negligent-homicide section, a pregnant woman and the embryo or fetus she carries count as separate victims. The separate-victim rule applies beginning 90 days after passage in the 2025 session. Exceptions cover specified consensual legal abortions, medical or health care, and lawful procedures involving embryos outside the uterus. Exceptions also cover lawful defense of oneself or another person—not an embryo or fetus—and the pregnant woman’s own acts or omissions. A violation of Chapter 16, Article 2I does not remove the stated abortion-related protection.

Sponsors & Cosponsors

Sponsor

  • Joe Funkhouser

    Republican • House

Cosponsors

  • Geno Chiarelli

    Republican • House

  • Wayne Clark

    Republican • House

  • Rick Hillenbrand

    Republican • House

  • Josh Holstein

    Republican • House

  • Michael Hornby

    Republican • House

  • Chuck Horst

    Republican • House

  • Kump

    Affiliation unavailable

  • Phil Mallow

    Republican • House

  • Ian T. Masters

    Republican • House

  • Carl "Bill" Roop

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 261 • No: 0

Senate vote • 4/11/2025

Senate concurred in House amendments and passed bill (Roll No. 530)

Yes: 32 • No: 0

House vote • 4/10/2025

House concurred in Senate amend with amend, passed bill (Roll No. 454)

Yes: 99 • No: 0

Senate vote • 4/8/2025

Passed Senate (Roll No. 370)

Yes: 33 • No: 0

House vote • 3/10/2025

Passed House (Roll No. 48)

Yes: 97 • No: 0

Actions Timeline

  1. Chapter 79, Acts, Regular Session, 2025

    7/30/2025House

  2. Approved by Governor 4/25/2025

    4/25/2025House

  3. To Governor 4/22/2025

    4/22/2025House

  4. To Governor 4/22/2025 - House Journal

    4/12/2025House

  5. To Governor 4/22/2025 - Senate Journal

    4/12/2025Senate

  6. Approved by Governor 4/25/2025 - House Journal

    4/12/2025House

  7. Approved by Governor 4/25/2025 - Senate Journal

    4/12/2025Senate

  8. House Message received

    4/11/2025Senate

  9. Senate concurred in House amendments and passed bill (Roll No. 530)

    4/11/2025Senate

  10. Communicated to House

    4/11/2025Senate

  11. Completed legislative action

    4/11/2025Senate

  12. House received Senate message

    4/10/2025House

  13. House concurred in Senate amend with amend, passed bill (Roll No. 454)

    4/10/2025House

  14. Title amendment adopted (Voice vote)

    4/10/2025House

  15. Communicated to Senate

    4/10/2025House

  16. On 3rd reading

    4/8/2025Senate

  17. Read 3rd time

    4/8/2025Senate

  18. Passed Senate (Roll No. 370)

    4/8/2025Senate

  19. Title amendment adopted

    4/8/2025Senate

  20. Senate requests House to concur

    4/8/2025Senate

  21. On 2nd reading

    4/7/2025Senate

  22. Read 2nd time

    4/7/2025Senate

  23. Committee amendment adopted (Voice vote)

    4/7/2025Senate

  24. Reported do pass, with amendment

    4/4/2025Senate

  25. Immediate consideration

    4/4/2025Senate

Bill Text

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