H. B. 2311


(By Delegates Angotti, Cann, Warner, Caputo,

Coleman, Hatfield and Marshall)


[Introduced February 19, 2001 ; referred to the

Committee on the Judiciary.]




A BILL to amend and reenact section twenty-a, article eight, chapter sixty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to permitting expungement of underage alcohol use conviction record.

Be it enacted by the Legislature of West Virginia:

That section twenty-a, article eight, chapter sixty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

ARTICLE 8. SALE OF WINES.

§60-8-20a. Unlawful acts by persons.

(a) Any person under the age of twenty-one years who purchases, consumes, sells, possesses or serves wine or other alcoholic liquor is guilty of a misdemeanor and, upon conviction
thereof, shall be fined in an amount not to exceed five hundred dollars or shall be incarcerated in the county or regional jail for a period not to exceed seventy-two hours, or both fined and imprisoned, or, in lieu of such fine and incarceration, may, for the first offense, be placed on probation for a period not to exceed one year: Provided, That after a period of not less than six months following payment of the fine and release or expiration of a term of probation, whichever event shall last occur, the person may apply to the court for an order expunging from all official records all recordations of his or her arrest, trial and conviction pursuant to this section. If the court determines after hearing that the person during the period of probation and during the period of time prior to his or her application to the court under this section has not been guilty of any serious or repeated violation of the conditions of his or her probation, it shall enter an order expunging those records.
Nothing in this article, nor any rule or regulation of the commissioner, shall prevent or be deemed to prohibit any person who is at least eighteen years of age from serving in the lawful employment of any licensee, which may include the sale or delivery of wine as defined in this article. Further, nothing in this
article, nor any rule or regulation of the commissioner, shall prevent or be deemed to prohibit any person who is less than eighteen but at least sixteen years of age from being employed by a licensee whose principal business is the sale of food or consumer goods or the providing of recreational activities, including, but not limited to, nationally franchised fast food outlets, family-oriented restaurants, bowling alleys, drug stores, discount stores, grocery stores and convenience stores: Provided, That such person shall not sell or deliver wine or alcoholic liquor.
Nothing in this subsection shall prohibit a person who is at least eighteen years of age from purchasing or possessing wine or alcoholic liquor when he or she is acting upon the request of or under the direction and control of any member of a state, federal or local law-enforcement agency or the West Virginia alcohol beverage administration while the agency is conducting an investigation or other activity relating to the enforcement of the alcohol beverage control statutes and the rules and regulations of the commissioner.

(b) Any person under the age of twenty-one years who, for the purpose of purchasing wine or other alcoholic liquors from a licensee, misrepresents his or her age, or who for such purpose
presents or offers any written evidence of age which is false, fraudulent or not actually his or her own, or who illegally attempts to purchase wine or other alcoholic liquors, is guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed fifty dollars or shall be imprisoned in the county or regional jail for a period not to exceed seventy-two hours, or both such fine and imprisonment, or, in lieu of such fine and imprisonment, may, for the first offense, be placed on probation for a period not exceeding one year.
(c) Any person who shall knowingly buy for, give to or furnish wine or other alcoholic liquors from any source to anyone under the age of twenty-one to whom they are not related by blood or marriage, is guilty of a misdemeanor and shall, upon conviction thereof, be fined in an amount not to exceed one hundred dollars or shall be imprisoned in the county or regional jail for a period not to exceed ten days, or both such fine and imprisonment.




NOTE: The purpose of this bill is to permit persons who have been convicted of underage purchase, sale, possession or consumption of alcoholic liquor to have that record expunged.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.