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Introduced Version Senate Bill 50 History

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sb50 intr
Senate Bill No. 50

(By Senators Love and Hunter)

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[Introduced February 9, 2005; referred to the Committee

on the Judiciary; and then to the Committee on Finance.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-5-2b; and to amend said code by adding thereto a new section, designated §20-7-18e, all relating to driving vehicles, motorboats, jet skis or other motorized vessels; and providing certain first-time offenders convicted of driving while under the influence of alcohol, controlled substances, other drugs or any combination of alcohol, controlled substances or other drugs the option of participating in litter control programs instead of serving time in jail.

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 §17C-5-2b; and that said code be amended by adding thereto a new section, designated §20-7-18e, all to read as follows:
CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.

ARTICLE 5. SERIOUS TRAFFIC OFFENSES.
§17C-5-2b. Alternative sentence for first offense driving under the influence.

(a)(1) Notwithstanding the mandatory sentences and actual confinement periods provided in section two of this article, whenever a person is sentenced to serve forty-eight hours or less in jail for a first offense of violating subsection (c) or (d) of that section, the person may satisfy the sentence by successfully participating in a litter control program.
(2) The litter control program must be under the supervision, care and custody of the county commission, the executive director of the West Virginia Regional Jail and Correctional Facility Authority or designee, the sheriff, his or her deputies, correctional officers or other persons charged with inmate supervision to perform maintenance or control litter in this state.
(3) One hour of the sentence may be discharged for every two hours of satisfactory participation in the litter control program.
(b) If the person chooses to discharge all or a part of the sentence by participating in a litter control program, the person shall inform the sentencing court at the time of sentencing. The court shall then place the person on probation for a reasonable period, not to exceed sixty days, to allow the person sufficient time to participate in the litter control program and discharge the sentence.
(c) In the event that the person does not discharge the entire sentence within the probationary period designated by the court, the person shall begin serving the remaining portion of the sentence at the conclusion of the probationary period.
CHAPTER 20. NATURAL RESOURCES.

ARTICLE 7. LAW ENFORCEMENT, MOTORBOATING, LITTER.

§20-7-18e. Alternative sentence for first offense driving under the influence.

(a)(1) Notwithstanding the mandatory sentences and actual confinement periods provided in section eighteen-b of this article, whenever a person is sentenced to serve forty-eight hours or less in jail for a first offense of violating subsection (c) or (d) of that section, the person may satisfy the sentence by successfully participating in a litter control program.
(2) The litter control program must be under the supervision, care and custody of the county commission, the executive director of the West Virginia Regional Jail and Correctional Facility authority or designee, the sheriff, his or her deputies, correctional officers or other persons charged with inmate supervision to perform maintenance or control litter in this state.
(3) One hour of the sentence may be discharged for every two hours of satisfactory participation in the litter control program.
(b) If the person chooses to discharge all or a part of the sentence by participating in a litter control program, the person shall inform the sentencing court at the time of sentencing. The court shall then place the person on probation for a reasonable period, not to exceed sixty days, to allow the person sufficient time to participate in the litter control program and discharge the sentence.
(c) In the event that the person does not discharge the entire sentence within the probationary period designated by the court, the person shall begin serving the remaining portion of the sentence at the conclusion of the probationary period.


NOTE: The purpose of this bill is to allow certain first-time offenders of driving under the influence laws to avoid serving time in jail by participating in a litter control program.

All sections in this bill are new; therefore, strike-throughs and underscoring have been omitted.

This bill was recommended for introduction and passage during the 2004 legislative session by the Legislative Oversight Committee on the Regional Jail and Correctional Facility Authority.
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