Senate Bill No. 337
(By Senator Schoonover)
[Introduced February 13, 1995; referred to the Committee
on the Judiciary.]
A BILL to amend article two, chapter seventeen-a of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
twenty-four, relating to reducing the penalty for a
misdemeanor to only a fine in certain cases.
Be it enacted by the Legislature of West Virginia:
That article two, chapter seventeen-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
twenty-four, to read as follows:
ARTICLE 2. DEPARTMENT OF MOTOR VEHICLES.
§17A-2-24. Commissioner - Rule promulgation; removal of penalty
of jail or imprisonment for minor traffic violations.
Notwithstanding any code provision to the contrary, certain
minor traffic violations as cited in this code shall not upon
conviction carry with them imprisonment. The commissioner shall
adopt rules consistent with this code section to distinguish
between misdemeanors carrying penalties including jail or
imprisonment and misdemeanors without penalties including jail or
imprisonment. The commissioner shall consult with governmental
entities prior to promulgating such rules.
NOTE: The purpose of this bill is to remove the penalty
"jail time" from certain minor traffic violations.
This section is new; therefore, strike-throughs and
underscoring have been omitted.