H. B. 2744
(By Delegates Douglas, Trump,
L. White and Tribett)
(Originating in the House Committee on the Judiciary)
[March 26, 1993]
A BILL to amend and reenact section two-a, article ten, chapter
eight of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to amend and reenact section
three-a, article three, chapter seventeen-b of said code;
and to amend and reenact section two-a, article three,
chapter fifty of said code, all relating to the suspension
of a license or privilege to operate a motor vehicle in this
state or to hunt or fish in this state for failure to pay
fines and costs upon conviction of motor vehicle, hunting or
fishing violations or for failure to appear in court upon
being charged with such violations; stay of time within
which to pay during appeal period; relief upon finding of
inability to pay; definition of motor vehicle violation;
administrative hearing; and notice to convicted person of
prospective suspension.
Be it enacted by the Legislature of West Virginia:
That section two-a, article ten, chapter eight of the codeof West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; that section three-a, article
three, chapter seventeen-b of said code be amended and reenacted;
and that section two-a, article three, chapter fifty of said code
be amended and reenacted, all to read as follows:
CHAPTER 8. MUNICIPAL CORPORATIONS.
ARTICLE 10. POWERS AND DUTIES OF CERTAIN OFFICERS.
§8-10-2a. Payment of fines by credit cards or payment plan;
suspension of driver's license for failure to pay
motor vehicle violation fines or to appear in court.
(a) A municipal court may accept credit cards in payment of
all costs, fines, forfeitures or penalties. A municipal court
may collect a substantial portion of all costs, fines,
forfeitures or penalties at the time such amount is imposed by
the court so long as the court requires the balance to be paid
within ninety days and in accordance with a payment plan which
specifies: (1) The number of additional payments to be made; (2)
the dates on which such payments and amounts shall be made; and
(3) amounts due on such dates. 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.
(b) If costs, fines, forfeitures or penalties imposed by the
municipal court for motor vehicle violations as described in
section three-a, article three, chapter seventeen-b of this code
are not paid within such ninety days day period, or if a person
who committed any such violation defaults on a payment plan as
described in subsection (a) of this section, or if a person failsto appear or otherwise respond in court when charged with a motor
vehicle violation as defined in section three-a, article three,
chapter seventeen-b of this code, the municipal court must notify
the commissioner of the department division of motor vehicles of
such failure to pay or failure to appear:
Provided,
That at the
time the judgment of conviction for a motor vehicle violation is
imposed, the municipal court shall provide the person with
written notice that failure to pay the same as required 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 municipal 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.
(c) 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 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 suchperson's failure to pay the same if the same is not paid within
the period of time ordered by such court.
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.
ARTICLE 3. CANCELLATION, SUSPENSION OR REVOCATION OF LICENSES.
?§17B-3-3a. Suspending license for failure to pay fines or
penalties imposed by magistrate court or municipal
court 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,
a magistrate court or municipal court of this state, pursuant to
subsection (b), section two-a, article three, chapter fifty or
subsection (b), section two-a, article ten, chapter eight of this
code, that such person has defaulted on the payment of costs,
fines, forfeitures or penalties, which were imposed on the person
by the magistrate court or municipal court upon conviction of any
motor vehicle violation, after ninety days following such
conviction, or that such person has failed to appear in court
when charged with a motor vehicle violation. For the purposes of
this section, section two-a, article three, chapter fifty and
section two-a, article ten, chapter eight, "motor vehicle
violation" shall be defined as any violation designated in
chapter seventeen-a, seventeen-b, seventeen-c, seventeen-d or
seventeen-e of this code, or the violation of any municipal
ordinance relating to the operation of a motor vehicle for which
the violation thereof would result in a fine or penalty:
Provided,
That any parking violation or other violation for which
a citation may be issued to an unattended vehicle shall not beconsidered a motor vehicle violation for the purposes of this
section, section two-a, article three, chapter fifty or section
two-a, article ten, chapter eight 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.
§50-3-2a. Payment of fines by credit card or payment plan;suspension of licenses for failure to pay fines or
failure to appear in court.
(a) A magistrate court may accept credit cards in payment of
all costs, fines, forfeitures or penalties. The supreme court of
appeals shall adopt rules and regulations regarding the use of
credit cards to pay fines, and such rules and regulations shall
state that any charges made by the credit company shall be paid
by the person responsible for paying the fine. A magistrate
court may collect a substantial portion of all costs, fines,
forfeitures or penalties at the time such amount is imposed by
the court so long as the court requires the balance to be paid
within ninety days and in accordance with a payment plan which
specifies: (1) The number of additional payments to be made; (2)
the dates on which such payments and amounts shall be made; and
(3) amounts due on such dates. 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.
(b) If costs, fines, forfeitures or penalties imposed by the
magistrate court for hunting or fishing violations as described
in chapter twenty of this code, or for motor vehicle violations
as described in section three-a, article three, chapter
seventeen-b of this code are not paid in full within such ninety
days day period of the judgment, the magistrate court clerk or,
upon a judgment rendered on appeal, the circuit clerk must notify
the director of the division of natural resources or the division
of motor vehicles, whichever is applicable, of such failure to
pay:
Provided,
That at the time the judgment of conviction fora motor vehicle violation 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.
Upon such notice, the division of motor vehicles shall
suspend the operator's or commercial person's driver's license or
privilege to operate a motor vehicle in this state and the
director of the division of natural resources shall suspend the
hunting or fishing license of the person defaulting on payment
until such time that the costs, fines, forfeitures or penalties
are paid.
(c) If a person charged with a motor vehicle violation, as
defined in section three-a, article three, chapter seventeen-b of
this code, fails to appear or otherwise respond in court, the
magistrate court must notify the director commissioner of the
division of motor vehicles thereof within fifteen days of after
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 operator's or commercial driver's license or
privilege to operate a motor vehicle in this state of the personfailing to appear or otherwise respond in accordance with the
provisions of section six, article three, chapter seventeen-b of
this code until such person appears as required.
(d) If costs, fines, forfeitures or penalties imposed by the
magistrate court for hunting or fishing violations as described
in chapter twenty of this code are not paid in full within such
ninety day period, the magistrate court clerk or, upon a judgment
rendered on appeal, the circuit clerk must notify the director of
the division of natural resources of such failure to pay:
Provided,
That at the time the judgment of conviction for a
hunting or fishing violation 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 hunt or fish in this state:
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 hunt or fish in this state.
Upon such notice, the director of the division of natural
resources shall suspend the hunting or fishing license of the
person defaulting on payment until such time that the costs,
fines, forfeitures or penalties are paid.
(e) If a person charged with a hunting or fishing violation
as described in chapter twenty of this code fails to appear or
otherwise respond in court, the magistrate court must notify the
director of the division of natural resources thereof within
fifteen days after 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 divisionof natural resources shall suspend the persons's license or
privilege to hunt or fish in this state of the person failing to
appear or otherwise respond until such person appears as
required.
(f) Notwithstanding the provisions of this section to the
contrary, the notice of the failure to pay the costs, fines,
forfeitures, or penalties referred to in this section 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 natural resources of such person's failure to pay the same if
the same is not paid within the period of time ordered by such
court.
(d)(g) In every criminal case which involves a misdemeanor
violation, a magistrate may order restitution when rendering
judgment.