H. B. 4356
(By Delegates Miley, Brown, Moore,
Wells, Ferro, Longstreth, Ross,
Ellem, Susman)
[Introduced
February 5, 2010
; referred to the
Committee on Roads and Transportation then the Judiciary.]
A BILL to amend and reenact §17B-3-3a of the Code of West Virginia,
1931, as amended; and to amend and reenact §50-3-2a of said
code, all relating to the suspension of drivers' licenses; and
providing a nonresident ninety days to pay fines and penalties
before the magistrate court sends notice to the Division of
Motor Vehicles.
Be it enacted by the Legislature of West Virginia:
That §17B-3-3a of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §50-3-2a of said code be amended
and reenacted, all to read as follows:
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.
ARTICLE 3. CANCELLATION, SUSPENSION OR REVOCATION OF LICENSES.
§17B-3-3a. Suspending license for failure to pay fines or
penalties imposed by magistrate court or municipal
court.
(a) The division shall suspend the license of any resident of
this state or the privilege of a nonresident to drive a motor
vehicle in this state upon receiving notice from a magistrate court
or municipal court of this state, pursuant to subsection (b),
section two-a, article three, chapter fifty of this code or
subsection (b), section two-a, article ten, chapter eight of this
code, that such person has defaulted on the payment of costs,
fines, forfeitures or penalties which were imposed on the person by
the magistrate court or municipal court by judgment entered upon
conviction of any motor vehicle violation or that such person has
failed to respond or appear in court when charged with a motor
vehicle violation.
(b) The magistrate court or municipal court shall notify the
division upon a default of payment as follows:
(1) For a resident of this state, after one hundred eighty
days following the date of judgment upon the
conviction; or
conviction or fifteen days from the appearance date for failure to
appear or immediately upon failure to respond to a court hearing.
(2) For a nonresident of this state, after
eighty ninety days
following the date
of judgment upon the conviction the citation was
issued.
(c) For the purposes of this section, section two-a, article
three, chapter fifty of this code and section two-a, article ten, chapter eight of this code, "motor vehicle violation" shall be
defined as any violation designated in chapter seventeen-a,
seventeen-b, seventeen-c, seventeen-d or seventeen-e of this code
or the violation of any municipal ordinance relating to the
operation of a motor vehicle for which the violation thereof would
result in a fine or penalty:
Provided, That any parking violation
or other violation for which a citation may be issued to an
unattended vehicle shall not be considered a motor vehicle
violation for the purposes of this section, section two-a, article
three, chapter fifty of this code or section two-a, article ten,
chapter eight of this code.
CHAPTER 50. MAGISTRATE COURTS.
ARTICLE 3. COSTS, FINES AND RECORDS.
§50-3-2a. Payment by credit card or payment plan; suspension of
licenses for failure to make payments or appear or
respond; restitution; liens.
(a) A magistrate court may accept credit cards in payment of
all costs, fines, fees, forfeitures, restitution or penalties in
accordance with rules promulgated by the Supreme Court of Appeals.
Any charges made by the credit company shall be paid by the person
responsible for paying the cost, fine, forfeiture or penalty.
(b) Unless otherwise required by law, a magistrate court may
collect a portion of any costs, fines, fees, forfeitures, restitution or penalties at the time the amount is imposed by the
court so long as the court requires the balance to be paid in
accordance with a payment plan which specifies: (1) The number of
payments to be made; (2) the dates on which the payments are due;
and (3) the amounts due for each payment. The written agreement
represents the minimum payments and the last date those payments
may be made. The obligor or the obligor's agent may accelerate the
payment schedule at any time by paying any additional portion of
any costs, fines, fees, forfeitures, restitution or penalties.
(c)(1) If any costs, fines, fees, forfeitures, restitution or
penalties imposed by the magistrate court in a criminal case are not
paid within one hundred eighty days from the date of judgment and
the expiration of any stay of execution, the magistrate court clerk
or, upon judgment rendered on appeal, the circuit clerk shall notify
the Commissioner of the Division of Motor Vehicles of the failure
to pay:
Provided, That in a criminal case in which a nonresident
of this state
is convicted of is charged with a motor vehicle
violation defined in section three-a, article three, chapter
seventeen-b of this code, the appropriate clerk shall notify the
Division of Motor Vehicles of the failure to
appear, respond, or pay
within
eighty days from the date of judgment and expiration of any
stay of execution ninety days from the date the citation was issued.
Upon notice, the Division of Motor Vehicles shall suspend any privilege the person defaulting on payment may have to operate a
motor vehicle in this state, including any driver's license issued
to the person by the Division of Motor Vehicles, until all costs,
fines, fees, forfeitures, restitution or penalties are paid in full.
The suspension shall be imposed in accordance with the provisions
of section six, article three, chapter seventeen-b of this code:
Provided, That any person who has had his or her license to operate
a motor vehicle in this state suspended pursuant to this subsection
and his or her failure to pay is based upon inability to pay, may,
if he or she is employed on a full or part-time basis, petition to
the circuit court for an order authorizing him or her to operate a
motor vehicle solely for employment purposes. Upon a showing
satisfactory to the court of inability to pay, employment and
compliance with other applicable motor vehicle laws, the court shall
issue an order granting relief.
(2) In addition to the provisions of subdivision (1) of this
subsection, if any costs, fines, fees, forfeitures, restitution or
penalties imposed or ordered by the magistrate court for a hunting
violation described in chapter twenty of this code are not paid
within one hundred eighty days from the date of judgment and the
expiration of any stay of execution, the magistrate court clerk or,
upon a judgment rendered on appeal, the circuit clerk shall notify
the Director of the Division of Natural Resources of the failure to pay. Upon notice, the Director of the Division of Natural Resources
shall suspend any privilege the person failing to appear or
otherwise respond may have to hunt in this state, including any
hunting license issued to the person by the Division of Natural
Resources, until all the costs, fines, fees, forfeitures,
restitution or penalties are paid in full.
(3) In addition to the provisions of subdivision (1) of this
subsection, if any costs, fines, fees, forfeitures, restitution or
penalties imposed or ordered by the magistrate court for a fishing
violation described in chapter twenty of this code are not paid
within one hundred eighty days from the date of judgment and the
expiration of any stay of execution, the magistrate court clerk or,
upon a judgment rendered on appeal, the circuit clerk shall notify
the Director of the Division of Natural Resources of the failure to
pay. Upon notice, the Director of the Division of Natural Resources
shall suspend any privilege the person failing to appear or
otherwise respond may have to fish in this state, including any
fishing license issued to the person by the Division of Natural
Resources, until all the costs, fines, fees, forfeitures,
restitution or penalties are paid in full.
(d)(1) If a person charged with any criminal violation of this
code fails to appear or otherwise respond in court, the magistrate
court shall notify the Commissioner of the Division of Motor Vehicles thereof within fifteen days of the scheduled date to appear
unless the person sooner appears or otherwise responds in court to
the satisfaction of the magistrate. Upon notice, the Division of
Motor Vehicles shall suspend any privilege the person failing to
appear or otherwise respond may have to operate a motor vehicle in
this state, including any driver's license issued to the person by
the Division of Motor Vehicles, until final judgment in the case
and, if a judgment of guilty, until all costs, fines, fees,
forfeitures, restitution or penalties imposed are paid in full. The
suspension shall be imposed in accordance with the provisions of
section six, article three, chapter seventeen-b of this code.
(2) In addition to the provisions of subdivision (1) of this
subsection, if a person charged with any hunting violation described
in chapter twenty of this code fails to appear or otherwise respond
in court, the magistrate court shall notify the Director of the
Division of Natural Resources of the failure thereof within fifteen
days of the scheduled date to appear unless the person sooner
appears or otherwise responds in court to the satisfaction of the
magistrate. Upon notice, the Director of the Division of Natural
Resources shall suspend any privilege the person failing to appear
or otherwise respond may have to hunt in this state, including any
hunting license issued to the person by the Division of Natural
Resources, until final judgment in the case and, if a judgment of guilty, until all costs, fines, fees, forfeitures, restitution or
penalties imposed are paid in full.
(3) In addition to the provisions of subdivision (1) of this
subsection, if a person charged with any fishing violation described
in chapter twenty of this code fails to appear or otherwise respond
in court, the magistrate court shall notify the Director of the
Division of Natural Resources of the failure thereof within fifteen
days of the scheduled date to appear unless the person sooner
appears or otherwise responds in court to the satisfaction of the
magistrate. Upon notice, the Director of the Division of Natural
Resources shall suspend any privilege the person failing to appear
or otherwise respond may have to fish in this state, including any
fishing license issued to the person by the Division of Natural
Resources, until final judgment in the case and, if a judgment of
guilty, until all costs, fines, fees, forfeitures, restitution or
penalties imposed are paid in full.
(e) In every criminal case which involves a misdemeanor
violation, a magistrate may order restitution where appropriate when
rendering judgment.
(f)(1) If all costs, fines, fees, forfeitures, restitution or
penalties imposed by a magistrate court and ordered to be paid are
not paid within one hundred eighty days from the date of judgment
and the expiration of any stay of execution, the clerk of the magistrate court shall notify the prosecuting attorney of the county
of nonpayment and provide the prosecuting attorney with an abstract
of judgment. The prosecuting attorney shall file the abstract of
judgment in the office of the clerk of the county commission in the
county where the defendant was convicted and in any county wherein
the defendant resides or owns property. The clerks of the county
commissions shall record and index the abstracts of judgment without
charge or fee to the prosecuting attorney and when so recorded, the
amount stated to be owing in the abstract shall constitute a lien
against all property of the defendant.
(2) When all the costs, fines, fees, forfeitures, restitution
or penalties described in subdivision (1) of this subsection for
which an abstract of judgment has been recorded are paid in full,
the clerk of the magistrate court shall notify the prosecuting
attorney of the county of payment and provide the prosecuting
attorney with a release of judgment, prepared in accordance with the
provisions of section one, article twelve, chapter thirty-eight of
this code, for filing and recordation pursuant to the provisions of
this subdivision. Upon receipt from the clerk, the prosecuting
attorney shall file the release of judgment in the office of the
clerk of the county commission in each county where an abstract of
the judgment was recorded. The clerks of the county commissions
shall record and index the release of judgment without charge or fee to the prosecuting attorney.
NOTE: The purpose of this bill is to allow a nonresident to
have an additional ten days to pay his or her fine before the
magistrate court sends notice to the DMV. According to the
interstate compact, West Virginia has six months before it has to
have the suspension back to the drivers' home state. This change
allows the magistrate court to have three months to collect the
money and the DMV three months to process the paperwork within the
six months allowed in the compact agreement.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added