H. B. 2273


(By Delegates Beane and L. White)
[Introduced February 25, 1993; referred to the
Committee on the Judiciary.]




A BILL to amend and reenact section six, article three, chapter seventeen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the suspension of an operator's or chauffeur's license.

Be it enacted by the Legislature of West Virginia:
That section six, article three, chapter seventeen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 3. CANCELLATION, SUSPENSION OR REVOCATION OF LICENSES.

§17B-3-6. Authority of department to suspend or revoke license; hearing.

The department is hereby authorized to suspend the license of an operator or chauffeur without preliminary hearing upon a showing by its records or other sufficient evidence that the licensee:
(1) Has committed an offense for which mandatory revocation of license is required upon conviction;
(2) Has by reckless or unlawful operation of a motor vehicle, caused or contributed to an accident resulting in the death or personal injury of another or property damage;
(3) Has been convicted with such frequency of serious offenses against traffic regulations governing the movement of vehicles as to indicate a disrespect for traffic laws and a disregard for the safety of other persons on the highways;
(4) Is an habitually reckless or negligent driver of a motor vehicle;
(5) Is incompetent to drive a motor vehicle;
(6) Has permitted an unlawful or fraudulent use of such license;
(7) Has committed an offense in another state which if committed in this state would be a ground for suspension or revocation;
(8) Has failed to pay or has defaulted on a plan for the payment of all costs, fines, forfeitures or penalties imposed by a magistrate court or municipal court within ninety days, as required by section two-a, article three, chapter fifty or section two-a, article ten, chapter eight of this code;
(9) Has failed to appear or otherwise respond before a magistrate court or municipal court when charged with a motor vehicle violation as defined in section three-a, article three, chapter seventeen-b of this code; or
(10) Is under the age of eighteen and has withdrawn either voluntarily or involuntarily from a secondary school, as providedin section eleven, article eight, chapter eighteen of this code; or
(11) Has failed to pay fines and court costs or has defaulted on a plan to pay all fines and court costs imposed by any circuit court in this state for criminal offenses other than traffic offenses. The licensee shall be entitled to the return of the license upon proof that all fines and court costs have been fully paid.
The operator's or chauffeur's license of any person having his or her license suspended shall be reinstated if:
(A) The license was suspended under the provisions of subdivision (8) of this section and the payment of costs, fines, forfeitures or penalties imposed by the applicable court has been made; or
(B) The license was suspended under the provisions of subdivision (9) of this section, and the person having his or her license suspended has appeared in court and has prevailed against the motor vehicle violations charged, or such person has paid any and all costs, fines, forfeitures or penalties imposed by the applicable court.
Any reinstatement of a license under paragraph (A) or (B) of this subdivision shall be subject to a reinstatement fee designated in section nine of this article.
Upon suspending the license of any person as hereinbefore in this section authorized, the department shall immediately notify the licensee in writing, sent by certified mail, return receiptrequested, to the address given by the licensee in applying for license, and upon his request shall afford him an opportunity for a hearing as early as practical within not to exceed twenty days after receipt of such request in the county wherein the licensee resides unless the department and the licensee agree that such hearing may be held in some other county. Upon such hearing the commissioner or his duly authorized agent may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the licensee. Upon such hearing the department shall either rescind its order of suspension or, good cause appearing therefor, may extend the suspension of such license or revoke such license.



The purpose of this bill is to provide for the suspension of driving privileges for persons not paying fines and court costs imposed for nontraffic offenses.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.