H. B. 2171
(By Delegate Smirl)
[Introduced January 13, 1999; referred to the
Committee the Judiciary.]
A BILL to amend and reenact section forty-two, article two,
chapter fifteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to drunk
driving enforcement program; and prohibiting posting of
notification of sobriety checkpoints.
Be it enacted by the Legislature of West Virginia:
That section forty-two, article two, chapter fifteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-42. Drunk driving enforcement program established;
purpose.
The superintendent of the department shall establish and
maintain a drunk driving enforcement program for the purpose of enforcing drunk driving laws in the state, especially the
investigation and apprehension of persons driving illegally on
previously revoked or suspended operators' licenses for drunk
driving related offenses. The superintendent shall develop a
program in cooperation with local law-enforcement agencies to
accomplish this purpose.
Any checkpoint that is organized for the purpose of stopping
motor vehicles to inspect the sobriety of the drivers shall be
operated without notification of any sort to the drivers.
NOTE: The purpose of this bill is to prohibit posting of
notification of sobriety checkpoints.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.