H. B. 2743
(By Delegates Douglas, Kessel, Whitman, L. White,
Gallagher, Trump and Pino)
(Originating in the House Committee on the Judiciary)
[March 26, 1993]
A BILL to amend article three, chapter seventeen-b of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
three-b, relating to the mandatory suspension of a driver's
license upon a conviction for a drug-related offense.
Be it enacted by the Legislature of West Virginia:
That article three, chapter seventeen-b of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
three-b, to read as follows:
ARTICLE 3. CANCELLATION, SUSPENSION OR REVOCATION OF LICENSES.
§17B-3-3b. Mandatory suspension of driver's license upon a
conviction for drug-related offense.
(a) In accordance with the provisions of 23 USC §159 and
with regulations set forth in 23 CFR Part 1212, the commissioner
shall suspend the driver's license, or delay eligibility to
obtain a driver's license of any person upon receiving a notice
of conviction for a drug-related offense.
(b) Conviction for a drug-related offense means a convictionin any federal court, state circuit court, magistrate court, or
court of another state for any criminal drug offense including
the possession, distribution, manufacture, cultivation, sale, or
attempt or conspiracy to possess, distribute, manufacture,
cultivate, sell or transfer any substance, or driving under the
influence of any substance the possession of which is prohibited
under the federal controlled substances act, chapter sixty-a of
this code, or similar statute of another state with the same
elements as chapter sixty-a of this code. For the purposes of
this section conviction also includes any adjudication under
juvenile proceedings.
(c) The clerk of the court in which a person is convicted
for a drug-related offense shall forward to the commissioner a
certified abstract of the judgment of such conviction within
seventy-two hours after the conviction becomes final:
Provided,
That upon consideration of sentencing, or upon petition to the
circuit court filed prior to the date upon which the conviction
becomes final, the circuit court may order that such abstract
shall not be forwarded to the commissioner upon the court's
finding that compelling circumstances exist warranting an
exception to the provisions of this section:
Provided, however,
That no such order may be entered in the absence of a finding of
the court from circumstances specific to the convicted person
that an exception is warranted because the suspension would cause
significant undue hardship to the person or the person's family:
Provided further,
That no order may be entered finding that
compelling circumstances exist warranting an exception to the
provisions of this section where the drug related offense forwhich the person was convicted included as an element thereof the
driving of any motor vehicle while under the influence of a
controlled substance or any other drug:
And provided further,
That no provision of this section shall be construed to permit
any court to decrease any period of suspension or revocation
which may be imposed pursuant to article five-a, chapter
seventeen-c of this code. For the purposes of this section, a
conviction becomes final when the time period within which an
appeal may be instituted has expired or, when an appeal has been
timely instituted, when an order is entered affirming the
conviction and no further appeal is timely instituted.
(d) The period of suspension shall be for a period of six
months. If a person does not have a driver's license, or a
person's license is suspended or revoked, the person's
eligibility to obtain a license or eligibility to reinstate a
suspended or revoked license shall be delayed for a period of six
months. This section shall not be construed so as to lessen the
period of any revocation order entered under the provisions of
article five-a, chapter seventeen-c of this code.
(e) 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.
(f) The commissioner shall forward to the appropriate state
agency any certified abstract of judgment of conviction he or she
may receive concerning an out of state resident.
(g) The order of suspension shall advise the person that
because of the receipt of a certified abstract of the judgment ofconviction, a presumption exists that the person named in the
order of suspension is the same person named in the certified
abstract of judgment of conviction. 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 certified
abstract of judgment 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 certified abstract of judgment of
conviction. 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.