H. B. 2443
(By Delegates Amores, Hunt, Seacrist,
Tillis, Faircloth and Thomas)
[Introduced March 7, 1997; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section thirteen-b, article five,
chapter forty-nine of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
providing that the parent of a juvenile who is convicted of
a criminal offense shall be liable for any restitution that
the juvenile is ordered to make but does not make.
Be it enacted by the Legislature of West Virginia:
That section thirteen-b, article five, chapter forty-nine of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 5. JUVENILE PROCEEDINGS.
§49-5-13b. Authority of the courts to order fines; revocation
of vehicle privileges and restitution.
(a) In addition to the methods of disposition provided in section thirteen of this article, the court may enter an order
imposing one or more of the following penalties, conditions and
limitations:
(1) Impose a fine not to exceed one hundred dollars upon
such the child;
(2) Require the child to make restitution or reparation to
the aggrieved party or parties for actual damages or loss caused
by the offense for which the child was found to be delinquent, or
if the child does not make full restitution, require the parent
or parents of the child to make partial or full restitution to
the victim to the extent the child is unable to make full
restitution;
(3) Require the child to participate in a public service
project under such conditions as the court prescribes, including
participation in the litter control program established pursuant
to the authority of section twenty-five, article seven, chapter
twenty of this code;
(4) When the child is fifteen years of age or younger and
has been adjudged delinquent, the court may order that the child
is not eligible to be issued a junior probationary operator's
license or when the child is between the ages of sixteen and
eighteen years and has been adjudged delinquent, the court may
order that the child is not eligible to operate a motor vehicle in this state, and any junior or probationary operator's license
shall be surrendered to the court. Such The child's driving
privileges shall be suspended for a period not to exceed two
years, and the clerk of the court shall notify the commissioner
of the department of motor vehicles of such the order.
(b) Nothing herein stated shall limit the discretion of the
court in disposing of a juvenile case: Provided, That the
juvenile shall may not be denied probation or any other
disposition pursuant to this article because the juvenile is
financially unable to pay a fine or make restitution or
reparation: Provided, however, That all penalties, conditions
and limitations imposed under this section shall be based upon a
consideration by the court of the seriousness of the offense, the
child's ability to pay, and a program of rehabilitation
consistent with the best interests of the child.
(c) Notwithstanding any other provisions of this code to the
contrary, in the event a child charged with delinquency under
this chapter is transferred to adult jurisdiction and there
convicted, the court may nevertheless, in lieu of sentencing such
the person as an adult, make its disposition in accordance with
this section.
NOTE: The purpose of this bill is to require that the
parent of a juvenile who is convicted of a criminal offense shall
be liable for restitution to the victim if the juvenile is
ordered to make restitution but does not make restitution.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.