H. B. 2721
(By Mr. Speaker, Mr. Kiss (By Request))
[Introduced January 28, 2003; 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 serious traffic offenses; and providing an
alternative to imprisonment for persons convicted of driving
under the influence.
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. Alternative sentencing for persons convicted of
driving under the influence; no expense or liability to government agency.
In lieu of the mandatory jail sentence imposed in section two
of this article, a judge may sentence a person convicted under that
section to work for a government agency for a period of time equal
to the mandatory jail sentence set forth in that section:
Provided, That there may not be any expense whatsoever to the
government agency as a result of the alternative sentence provided
for in this section. Before imposing this alternative sentence, a
judge shall first ascertain that the government agency has
sufficient work available and is willing to accept the person being
sentenced. No action at law or equity may be maintained against
the government agency as a result of this section and a government
agency is exempt from any liability as a result of accepting a
person sentenced pursuant to this section. Under this section,
each day in jail would equal twenty-four hours of work for a
government agency.
NOTE: The purpose of this bill is to provide an alternative
sentence for persons convicted of DUI. The bill provides that a
judge may sentence a person to work for a government agency for the
same time as the mandatory minimum sentence. The bill provides
that there shall be no liability and no expense to the government
agency.
This section is new; therefore, strike-throughs and
underscoring have been omitted.