West Virginia legislation · 2026 Regular Session
West Virginia HB4755: Adding Aggravated Vehicular Homicide to the list of qualifying offenses
Status: Signed into law, April 1, 2026
What the bill says
An act to amend and reenact §61-11-18 of the Code of West Virginia, 1931, as amended, relating to qualifying offenses for purposes of recidivism punishment; adding aggravated vehicular homicide, driving under the influence causing serious bodily injury, third offense driving under the influence, and obstructing law enforcement, fire personnel, and emergency medical personnel causing death as qualifying offenses for enhanced sentencing of a repeat offender; and creating criminal penalties. ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIMES. §61-11-18. Punishment for second or third offense of fel.
From the enrolled text, March 14, 2026:
AN ACT to amend and reenact §61-11-18 of the Code of West Virginia, 1931, as amended, relating to qualifying offenses for purposes of recidivism punishment; adding aggravated vehicular homicide, driving under the influence causing serious bodily injury, third offense driving under the influence, and obstructing law enforcement, fire personnel, and emergency medical personnel causing death as qualifying offenses for enhanced sentencing of a repeat offender; and creating criminal penalties. ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIMES. §61-11-18. Punishment for second or third offense of felony. (a) For purposes of this section, "qualifying offense" means any offense or an attempt or conspiracy to commit any of the offenses in the following provisions of this (2) §17C-5-2(b): Driving under the influence causing death; (3) §17C-5-2(c): Driving under the influence causing serious bodily injury; (4) §17C-5-2(m): Third offense driving under the influence; (5) §60A-4-401(a)(i) and §60A-4-401(a)(ii): Manufacturing or delivery of a Schedule ! or II controlled substance which is a narcotic drug or methamphetamine; manufacturing or delivery of any other Schedule I, II, or III drug; (6) §60A-4-406: Distribution to persons under the age of 18 by persons over the age of 21; distribution by persons 18 or over in, on, or within 1,000 feet of, school or college; distribution by persons 18 or over in, on, or within 200 feet of a public …