H. B. 2795

(By Delegates Faircloth, Evans and Harrison)
[Introduced March 31, 1993; referred to the
Committee on the Judiciary.]

A BILL to amend article four, chapter sixty-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section four hundred nine, relating to requiring that the license to operate a motor vehicle of a person convicted of a misdemeanor offense involving a controlled substance be suspended; increasing the length of suspension for a second or subsequent offense and requiring the surrender of the license.

Be it enacted by the Legislature of West Virginia:
That article four, chapter sixty-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section four hundred nine, to read as follows:

ARTICLE 4. OFFENSES AND PENALTIES.

§60A-4-409. Suspension of motor vehicle license for misdemeanor convictions.

In addition to the penalties set forth in this article for a person convicted of committing a misdemeanor offense involving a controlled substance, the court shall order the defendant to surrender his or her license to operate a motor vehicle. After rendering the verdict, the court shall issue an order that the license of the person convicted shall be suspended:
(a) For a period of thirty days for a first offense; or
(b) For a period of sixty days for a second offense; or
(c) For a period of one year for a third or subsequent offense.
The order and license shall be forwarded to the commissioner of the department of motor vehicles to be made a part of the driving record of the person convicted of the misdemeanor and for the purpose of reissuing the license at the expiration of the period of suspension.

NOTE: The purpose of this bill is to suspend the operators license of persons convicted of misdemeanor controlled substance offenses. Licenses are suspended for a period of thirty days for a first offense, sixty days for a second offense and one year for a third or subsequent offense.

This section is new; therefore, strike-throughs and underscoring have been omitted.