West VirginiaSB 1382025 Regular SessionSenateWALLET

Enhancing penalties for fleeing officer

Sponsored By: Bill Hamilton (Republican)

Signed by Governor

§17C-5-2§61-5-17§61-11-18

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 3 costs, 0 mixed.

Felony fleeing increases repeat offenders’ sentences

Felony fleeing convictions now count under West Virginia’s repeat-felony sentencing law. With a qualifying prior conviction, sentencing adds five years to a fixed sentence or doubles an indeterminate sentence’s minimum term. Two prior qualifying convictions can lead to life in prison. For that life sentence, convictions from the same event or series of events count as one. The latest prior offense may be excluded when over 20 years separate release or supervision ending from the current conduct.

Impaired fleeing adds drunk-driving consequences

Vehicle flight while under the influence carries added DUI consequences after an officer clearly signals the driver to stop. This covers alcohol, controlled substances, and drugs. The conviction can serve as a prior offense for first-, second-, or third-offense DUI charges. For repeat-DUI sentencing, the prior fleeing offense counts when it happened within 15 years before the current arrest. The state motor vehicle agency also treats the conviction as a DUI conviction for driver’s license purposes.

People fleeing officers face tougher penalties

West Virginia sets higher penalties for intentionally fleeing officers. Without a vehicle, fleeing a known lawful arrest or detention brings escalating fines and jail time. A first offense carries a $50–$500 fine and 10 days in jail; a second carries $250–$1,000 and 30 days. A third or later offense carries $1,000–$2,000 and 60 days to one year. Vehicle flight requires a clear visual or audible signal to stop. Penalties rise with repeat offenses, reckless indifference, property damage, injury, death, or driving under the influence. Vehicle flight causing death brings 5–15 years for a first offense, 15 years to life for a second, and life thereafter.

Sponsors & Cosponsors

Sponsor

  • Bill Hamilton

    Republican • Senate

Cosponsors

  • T. Kevan Bartlett

    Republican • Senate

  • Vince Deeds

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 160 • No: 0

Senate vote • 3/14/2025

Senate concurred in House amendments and passed bill (Roll No. 108)

Yes: 31 • No: 0

House vote • 3/11/2025

Passed House (Roll No. 50)

Yes: 97 • No: 0

Senate vote • 2/21/2025

Passed Senate (Roll No. 15)

Yes: 32 • No: 0

Actions Timeline

  1. Chapter 157, Acts, Regular Session, 2025

    8/8/2025Senate
  2. To Governor 3/18/2025 - House Journal

    3/26/2025House
  3. Approved by Governor 3/25/2025 - House Journal

    3/24/2025House
  4. Approved by Governor 3/24/2025

    3/24/2025Senate
  5. To Governor 3/18/2025 - Senate Journal

    3/19/2025Senate
  6. To Governor 3/18/2025

    3/18/2025Senate
  7. House received Senate message

    3/17/2025House
  8. House Message received

    3/14/2025Senate
  9. Senate concurred in House amendments and passed bill (Roll No. 108)

    3/14/2025Senate
  10. Communicated to House

    3/14/2025Senate
  11. Completed legislative action

    3/14/2025Senate
  12. On 3rd reading, Special Calendar

    3/11/2025House
  13. Read 3rd time

    3/11/2025House
  14. Passed House (Roll No. 50)

    3/11/2025House
  15. Title amendment adopted (Voice vote)

    3/11/2025House
  16. Communicated to Senate

    3/11/2025House
  17. On 2nd reading, Special Calendar

    3/10/2025House
  18. Read 2nd time

    3/10/2025House
  19. Amendment reported by the Clerk

    3/10/2025House
  20. Committee amendment adopted (Voice vote)

    3/10/2025House
  21. On 1st reading, Special Calendar

    3/7/2025House
  22. Read 1st time

    3/7/2025House
  23. With amendment, do pass

    3/6/2025House
  24. Markup Discussion

    3/3/2025House
  25. House received Senate message

    2/24/2025House

Bill Text

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