West Virginia legislation · 2026 Regular Session
West Virginia HB4712: Increasing the criminal penalties for DUI causing death to be known as “Baylea’s Law.”
Status: Signed into law, April 1, 2026
What the bill says
An act to amend and reenact §17C-5-2 of the Code of West Virginia, 1931, as amended, relating to the creation of Baylea's Law and driving under the influence; providing that a person who drives a vehicle in an impaired state and with deliberate disregard for the safety of others and proximately causes the death of another is guilty of a felony; establishing penalties. ARTICLE 5. SERIOUS TRAFFIC OFFENSES. §17C-5-2. Driving under influence of alcohol, controlled substances, or drugs; penalties. (a) Definitions. -- (1) "Impaired state" means a (B) Is under the influence of any controlled substanc.
From the enrolled text, March 14, 2026:
AN ACT to amend and reenact §17C-5-2 of the Code of West Virginia, 1931, as amended, relating to the creation of Baylea's Law and driving under the influence; providing that a person who drives a vehicle in an impaired state and with deliberate disregard for the safety of others and proximately causes the death of another is guilty of a felony; establishing penalties. ARTICLE 5. SERIOUS TRAFFIC OFFENSES. §17C-5-2. Driving under influence of alcohol, controlled substances, or drugs; penalties. (a) Definitions. -- (1) "Impaired state" means a (B) Is under the influence of any controlled substance; (C) Is under the influence of any other drug or inhalant substance; (D) Is under the combined influence of alcohol and any controlled substance or any other drug; or (E) Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight. (2) "Bodily injury" means injury that causes substantial physical pain, illness, or any impairment of physical condition. (3) "Controlled substance" has the meaning provided in §60A-1-101 of this code. (4) "Serious bodily injury" means bodily injury that creates a substantial risk of death, that causes serious or prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily organ. (5) "Test and lock program" means the Motor Vehicle Test …