(a) The driver of any vehicle involved in a crash resulting in the injury to or death of any person shall immediately stop the vehicle at the scene of the crash or as close to the scene as possible and return to and remain at the scene of the crash until he or she has complied with the requirements of § 331.03; provided, that the driver may leave the scene of the crash as may reasonably be necessary for the purpose of rendering assistance to any person injured in the crash, as required by § 331.03.
(b) Any driver who is involved in a crash in which another person suffers bodily injury and who intentionally violates division (a), when he or she knows or has reason to believe that another person has suffered physical injury in said crash, shall be fined not more than $1,000 or imprisoned not more than 30 days, or both.
(c) Notwithstanding the provisions of division (b), any driver who is involved in a crash in which another person suffers serious bodily injury and who intentionally violates division (a), when he or she knows or has reason to believe that another person has suffered physical injury in said crash, is guilty of a felony and shall be prosecuted under appropriate state law.
(d) Notwithstanding divisions (b) or (c), any driver who is involved in a crash that proximately causes the death of another person who intentionally violates division (a), when he or she knows or has reason to believe that another person has suffered physical injury in said crash, is guilty of a felony and shall be prosecuted under appropriate state law.
(e) As used in this section:
BODILY INJURY. Injury that causes substantial physical pain, illness, or any impairment of physical condition.
PHYSICAL INJURY. Bodily injury, serious bodily injury, or death.
SERIOUS BODILY INJURY. Bodily injury that creates a substantial risk of death, that causes serious or prolonged disfigurement, prolonged impairment of health, prolonged loss or impairment of the function of any bodily organ, loss of pregnancy, or the morbidity or mortality occurring because of a preterm delivery.
(f) The Commissioner shall revoke the license or permit or operating privilege to drive of any resident or non-resident person convicted pursuant to the provisions of this section for a period of one year from the date of conviction or the date of release from incarceration, whichever is later.
(g) This section may be known and cited as Erin’s Law.
(W. Va. Code 17C-4-1)