H. B. 2619
(By Delegates Sparks and McGraw)
[Introduced February 3, 1999; referred to the
Committee on the Judiciary.]
A BILL to amend article five, 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-b, relating to penalties for driving under the influence
of alcohol; and providing additional jail time for convicted
persons who are intoxicated when they appear at the jail to
serve their sentences.
Be it enacted by the Legislature of West Virginia:
That article five, 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-b, to read as follows:
ARTICLE 5. SERIOUS TRAFFIC OFFENSES.
§17C-5-2b. Enhanced jail time for persons convicted of driving
under the influence of alcohol who appear at jail intoxicated.
(a) Notwithstanding the provisions of section nine, article
six, chapter sixty of this code, any person who has been
convicted under any provision of this article for the offense of
driving under the influence of alcohol who appears intoxicated at
the jail for service of a sentence, may be required to serve
additional jail time.
(b) When the jail personnel have cause to suspect that a
person who is being incarcerated for a sentence under any
provision of this article for driving under the influence of
alcohol is intoxicated at the time of that person's appearance at
the jail to start serving the sentence, the jail personnel may
request a breath test to confirm the prisoner is under the
influence or intoxicated. If the results of the breath test
indicate a blood alcohol concentration of ten hundredths of one
percent or more, by weight, then the jail personnel shall certify
this to the court that sentenced the prisoner. The court then
may increase the sentence of the intoxicated person up to an
additional number of days, not to exceed one third of the
sentence originally imposed.
NOTE: The purpose of this bill is to permit enhancement of
the jail sentence of persons convicted of driving under the
influence of alcohol, when those persons are intoxicated at the
time they start serving their sentences.
This section is new; therefore, strike-throughs and
underscoring have been omitted.