H. B. 2010
(By Delegate Fantasia)
[Introduced February 12, 1997; referred to the
Committee on Roads and Transportation then the Judiciary.]
A BILL to amend article eighteen, chapter seventeen-c of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
two, relating to authorizing certain courts to establish a
driver point reduction program for certain traffic offenses.
Be it enacted by the Legislature of West Virginia:
That article eighteen, chapter seventeen-c of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
be amended, by adding thereto a new section, designated section
two, to read as follows:
ARTICLE 18. PENALTIES.
§17C-18-2. Driver point reduction for attendance at approved
driving school for certain traffic offenses.
(a) Municipal, magistrate and circuit courts are hereby authorized to establish a traffic conviction point reduction
procedure for certain traffic offenses over which the court has
jurisdiction, as provided herein.
(b) With the consent of the defendant and in the court's
discretion, the court may order any person convicted of a moving
traffic violation to attend an eight-hour defensive driving
course taught by the West Virginia state police, the West
Virginia safety council, or other organization approved by the
West Virginia state police. If the defendant attends and
completes the course to the court's satisfaction, the court shall
order a reduction, not to exceed three points in any year, from
the amount which would otherwise be added by the division of
motor vehicles to the defendant's driving record as a result of
the conviction. The number of times that a person may attend the
defensive driving course and receive a reduction in driver record
points therefor as provided in this section may not be limited.
(c) It shall be a condition of any driver point reduction
procedure authorized by the provisions of this section that the
defendant pay all fines assessed by the court, all fees imposed
for attending the defensive driving course and any applicable
fees and costs required to be paid under any other provision of
this code for conviction of a criminal traffic offense. No court
may utilize any driver point reduction procedure pursuant to this
section with any defendant until it collects all fees and costs
assessed against the defendant and transmits the same as required by law. No court may utilize any driver point reduction
procedure pursuant to this section unless the procedure conforms
to the requirements of this section.
(d) In those counties and municipalities which, prior to the
effective date of this section, have contracted for the provision
of traffic safety instructional services for traffic offense
violators pursuant to any preexisting authorization for any
driver point reduction program or other prejudgment alternative
disposition program, the courts may restrict referrals under this
section to those traffic violator schools or licensed driving
schools which are under contract with the county or municipality
to provide traffic safety instructional services.
(e) The provisions of this section do not apply in cases in
which the defendant has been arrested, charged with or convicted
of an offense involving driving under the influence of alcohol or
drugs or any other offense for which a mandatory period of
incarceration is provided.
(f) Any person who willfully fails to comply with a court
order to attend a defensive driving course or traffic violator
school as provided in this section is guilty of a misdemeanor,
and, upon conviction, is subject to the penalties provided in
section one of this article.
NOTE: The purpose of this bill is to authorize municipal,
magistrate and circuit courts to establish and utilize a driver point reduction program for minor traffic offenses by requiring
satisfactory attendance and completion of a defensive driving
course conducted or approved by the state police. It provides
that the court having jurisdiction subtract three points which
would otherwise be added to the defendant's driving record for
such attendance. This program would not apply to cases involving
driving under the influence of alcohol or drugs or any offense
which calls for mandatory incarceration.
This section is new; therefore, strike-throughs and
underscoring have been omitted.