COMMITTEE SUBSTITUTE
FOR
H. B. 2273
(By Delegates Beane and L. White)

(Originating in the House Committee on the Judiciary)

[March 25, 1993]

A BILL to amend article ten, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section two-b; to amend article three, chapter seventeen-b of said code by adding thereto a new section, designated section three-c; to amend article three, chapter fifty of said code by adding thereto a new section, designated section two-b; and to amend article four, chapter sixty-two of said code by adding thereto a new section, designated section seventeen, all relating to the suspension of a license or privilege to operate a motor vehicle in this state for failure to pay court costs and fines imposed upon conviction of criminal offenses or failure to appear in court upon being charged with such offenses; relief upon finding of inability to pay; definition of criminal offense; administrative hearing; and notice to convicted person of prospective suspension.

Be it enacted by the Legislature of West Virginia:
That article ten, chapter eight of the code of WestVirginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section two-b; that article three, chapter seventeen-b of said code be amended by adding thereto a new section, designated section three-c; that article three, chapter fifty of said code be amended by adding thereto a new section, designated section two-b; and that article four, chapter sixty-two of said code be amended by adding thereto a new section, designated section seventeen, all to read as follows:
CHAPTER 8. MUNICIPAL CORPORATIONS.

ARTICLE 10. POWERS AND DUTIES OF CERTAIN OFFICERS.

§8-10-2b. Suspension of licenses for failure to pay fines and costs or failure to appear in court.

(a) If costs, fines, forfeitures or penalties imposed by the municipal court upon conviction of a person for a criminal offense as defined in section three-c, article three, chapter seventeen-b of this code are not paid in full within ninety days of the judgment, the municipal court clerk or, upon a judgment rendered on appeal, the circuit clerk shall notify the division of motor vehicles of such failure to pay: Provided, That at the time the judgment is imposed, the judge shall provide the person with written notice that failure to pay the same within ninety days shall result in the suspension of such person's license or privilege to operate a motor vehicle in this state and that such suspension could result in the cancellation of, the failure to renew, or the failure to issue an automobile insurance policy providing coverage for such person or such person's family: Provided, however That the failure of the judge to provide suchnotice shall not affect the validity of any suspension of such person's license or privilege to operate a motor vehicle in this state. For purposes of this section, such ninety day period shall be stayed during any period an appeal from the conviction which resulted in the imposition of such costs, fines, forfeitures or penalties is pending.
Upon such notice, the division of motor vehicles shall suspend the person's driver's license or privilege to operate a motor vehicle in this state until such time that the costs, fines, forfeitures or penalties are paid.
(b) Notwithstanding the provisions of this section to the contrary, the notice of the failure to pay such costs, fines, forfeitures, or penalties shall not be given where the municipal court, upon application of the person upon whom the same were imposed filed prior to the expiration of the period within which the same are required to be paid, enters an order finding that such person is financially unable to pay all or a portion of the same: Provided, That where the municipal court, upon finding that the person is financially unable to pay a portion thereof, requires the person to pay the remaining portion thereof, the municipal court shall notify the division of motor vehicles of such person's failure to pay the same if the same is not paid within the period of time ordered by such court.
(c) If a person charged with a criminal offense fails to appear or otherwise respond in court, the municipal court shall notify the division of motor vehicles thereof within fifteen days of the scheduled date to appear unless such person sooner appears or otherwise responds in court to the satisfaction of the judge. Upon such notice, the division of motor vehicles shall suspend the person's driver's license or privilege to operate a motor vehicle in this state until such time that the person appears as required.
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.
ARTICLE 3. CANCELLATION, SUSPENSION OR REVOCATION OF LICENSES.

?§7B-3-3c. Suspending license for failure to pay fines or penalties imposed by as the result of criminal conviction or for failure to appear in 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 circuit court, magistrate court or municipal court of this state, pursuant to section two-b, article three, chapter fifty, or section two-b, article ten, chapter eight, or section seventeen, article four, chapter sixty-two of this code, that such person has defaulted on the payment of costs, fines, forfeitures or penalties imposed on the person by the circuit court, magistrate court or municipal court upon conviction for any criminal offense by the date such court had required such person to pay the same, or that such person has failed to appear in court when charged with such an offense. For the purposes of this section, section two-b, article three, chapter fifty, section two-b, article ten, chapter eight, and section seventeen, article four, chapter sixty-two of this code, "criminal offense" shall be defined as any violation of the provisions of this code, or the violation of any municipal ordinance, for which the violation thereof may result in a fine, confinement in jail, or imprisonment in the penitentiary of thisstate: Provided, That any parking violation or other violation for which a citation may be issued to an unattended vehicle shall not be considered a criminal offense for the purposes of this section, section two-b, article ten, chapter eight, section two- b, article three, chapter fifty, or section seventeen, article four, chapter sixty-two of this code.
(b) A copy of the order of suspension shall be forwarded to such person by registered or certified mail, return receipt requested. No order of suspension becomes effective until ten days after receipt of a copy of such order. The order of suspension shall advise the person that because of the receipt of notice of the failure to pay costs, fines, forfeitures or penalties, or the failure to appear, a presumption exists that the person named in the order of suspension is the same person named in the notice. The commissioner may grant an administrative hearing which substantially complies with the requirements of the provisions of section two, article five-a, chapter seventeen-c of this code upon a preliminary showing that a possibility exists that the person named in the notice of conviction is not the same person whose license is being suspended. Such request for hearing shall be made within ten days after receipt of a copy of the order of suspension. The sole purpose of this hearing shall be for the person requesting the hearing to present evidence that he or she is not the person named in the notice. In the event the commissioner grants an administrative hearing, the commissioner shall stay the license suspension pending the commissioner's order resulting from the hearing.
CHAPTER 50. MAGISTRATE COURTS.
ARTICLE 3. COSTS, FINES AND RECORDS.

§50-3-2b. Suspension of licenses for failure to pay fines and costs or failure to appear in court.

(a) If costs, fines, forfeitures or penalties imposed by the magistrate court upon conviction of a person for a criminal offense as defined in section three-c, article three, chapter seventeen-b of this code are not paid in full within ninety days of the judgment, the magistrate court clerk or, upon a judgment rendered on appeal, the circuit clerk shall notify the division of motor vehicles of such failure to pay: Provided, That at the time the judgment is imposed, the magistrate shall provide the person with written notice that failure to pay the same within ninety days shall result in the suspension of such person's license or privilege to operate a motor vehicle in this state and that such suspension could result in the cancellation of, the failure to renew, or the failure to issue an automobile insurance policy providing coverage for such person or such person's family: Provided, however That the failure of the magistrate to provide such notice shall not affect the validity of any suspension of such person's license or privilege to operate a motor vehicle in this state. For purposes of this section, such ninety day period shall be stayed during any period an appeal from the conviction which resulted in the imposition of such costs, fines, forfeitures or penalties is pending.
Upon such notice, the division of motor vehicles shall suspend the person's driver's license or privilege to operate a motor vehicle in this state until such time that the costs,fines, forfeitures or penalties are paid.
(b) Notwithstanding the provisions of this section to the contrary, the notice of the failure to pay such costs, fines, forfeitures, or penalties shall not be given where the magistrate, upon application of the person upon whom the same were imposed filed prior to the expiration of the period within which the same are required to be paid, enters an order finding that such person is financially unable to pay all or a portion of the same: Provided, That where the magistrate, upon finding that the person is financially unable to pay a portion thereof, requires the person to pay the remaining portion thereof, the magistrate clerk shall notify the division of motor vehicles of such person's failure to pay the same if the same is not paid within the period of time ordered by such court.
(c) If a person charged with a criminal offense fails to appear or otherwise respond in court, the magistrate court shall notify the division of motor vehicles thereof within fifteen days of the scheduled date to appear unless such person sooner appears or otherwise responds in court to the satisfaction of the magistrate. Upon such notice, the division of motor vehicles shall suspend the person's driver's license or privilege to operate a motor vehicle in this state until such time that the person appears as required.
CHAPTER 62. CRIMINAL PROCEDURE.

ARTICLE 4. RECOVERY OF FINES IN CRIMINAL CASES.

§62-4-17. Suspension of licenses for failure to pay fines and costs or failure to appear in court.

(a) If costs, fines, forfeitures or penalties imposed by thecircuit court upon conviction of a person for a criminal offense as defined in section three-c, article three, chapter seventeen-b of this code are not paid in full when ordered to do so by the court, the circuit clerk shall notify the division of motor vehicles of such failure to pay: Provided, That at the time the judgment is imposed, the court shall provide the person with written notice that failure to pay the same when ordered to do so shall result in the suspension of such person's license or privilege to operate a motor vehicle in this state and that such suspension could result in the cancellation of, the failure to renew, or the failure to issue an automobile insurance policy providing coverage for such person or such person's family: Provided, however That the failure of the court to provide such notice shall not affect the validity of any suspension of such person's license or privilege to operate a motor vehicle in this state. For purposes of this section, such period of time within which the person is required to pay shall be stayed during any period an appeal from the conviction which resulted in the imposition of such costs, fines, forfeitures or penalties is pending.
Upon such notice, the division of motor vehicles shall suspend the person's driver's license or privilege to operate a motor vehicle in this state until such time that the costs, fines, forfeitures or penalties are paid.
(b) Notwithstanding the provisions of this section to the contrary, the notice of the failure to pay such costs, fines, forfeitures, or penalties shall not be given where the circuit court, upon application of the person upon whom the same wereimposed filed prior to the expiration of the period within which the same are required to be paid, enters an order finding that such person is financially unable to pay all or a portion of the same: Provided, That where the circuit court, upon finding that the person is financially unable to pay a portion thereof, requires the person to pay the remaining portion thereof, the circuit clerk shall notify the division of motor vehicles of such person's failure to pay the same if the same is not paid within the period of time ordered by such court.
(c) If a person charged with a criminal offense fails to appear or otherwise respond in court, the court shall notify the division of motor vehicles thereof within fifteen days of the scheduled date to appear unless such person sooner appears or otherwise responds in court to the satisfaction of the court. Upon such notice, the division of motor vehicles shall suspend the person's driver's license or privilege to operate a motor vehicle in this state until such time that the person appears as required.