Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home

Introduced Version House Bill 4402 History

DOWNLOAD  wpd  |  Email


H. B. 4402

 

         (By Delegates Manchin, Skinner, Sponaugle,

         Longstreth, Marcum, Lynch, Wells, Caputo,

         Marshall and Barrett)

 

         [Introduced February 4, 2014; referred to the

         Committee on the Judiciary.]

 

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60-6-26, relating to the conditional discharge for first offense underage purchase, consumption, sale, service or possession of alcoholic liquor.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §60-6-26, to read as follows:

ARTICLE 6. MISCELLANEOUS PROVISIONS.

§60-6-26. Conditional discharge for first offense underage purchase, consumption, sale, service or possession of alcoholic liquor.

    (a) When a person pleads guilty to or is found guilty of a violation of subdivision (1), subsection (a), section twenty-four, article three-a of this chapter or subsection (a), section twelve-a, article seven of this chapter, the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him or her on probation upon terms and conditions it considers appropriate, if the person has not previously been convicted of:

    (1) Either of those offenses; or

    (2) Any statute of the United States or of any state relating to underage purchase, consumption, sale, service or possession of alcoholic liquor.

    (b) If the person violates a term or condition of the probation, the court may enter an adjudication of guilt and proceed as otherwise provided by law. Upon fulfillment of the terms and conditions of the probation, the court shall discharge the person and dismiss the proceedings against him or her. Discharge and dismissal under this section is without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. The effect of the dismissal and discharge is to restore the person in contemplation of law to the status he or she occupied prior to arrest and trial. A person to whom a dismissal and discharge have been effected under this section may not be found guilty of perjury, false swearing or otherwise giving a false statement by reason of his or her failure to disclose or acknowledge his or her arrest or trial in response to any inquiry made of him or her for any purpose.

    (c) There may be only one discharge and dismissal under this section with respect to any person.

    (d) After a period of not less than six months after the expiration of a term of probation imposed upon a person under subdivision (1), subsection (a), section twenty-four, article three-a of this chapter or subsection (a), section twelve-a, article seven of this chapter, the person may apply to the court for an order to expunge from all official records all records of his or her arrest, trial and conviction, pursuant to this section. If the court determines after a hearing that the person during the period of his or her probation and during the period prior to his or her application to the court under this section has not been guilty of any serious or repeated violation of the conditions of his or her probation, it shall order the expungement.

    (e) Notwithstanding any provision of this code to the contrary, any person prosecuted pursuant to the provisions of subdivision (1), subsection (a), section twenty-four, article three-a of this chapter or subsection (a), section twelve-a, article seven of this chapter, whose case is disposed of pursuant to the provisions of this section, is liable for all court costs assessable against a person convicted of a violation of those sections. Payment of the costs may be made a condition of probation.

    (f) The costs assessed pursuant to this section, whether as a term of probation or not, shall be distributed as other court costs in accordance with section two, article three, chapter fifty; section four, article two-a, chapter fourteen;, section four, article twenty-nine, chapter thirty; and sections two, seven and ten, article five, chapter sixty-two, all of this code.



    NOTE: The purpose of this bill is to provide a procedure for the conditional discharge for first offense underage purchase, consumption, sale, service or possession of alcoholic liquor.


    This section is new; therefore, it has been completely underscored.

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature ****