Adopted by House 4-10-2009
SB556 H JUD AM 4-8 #1
The Committee on the Judiciary moves to amend the bill on page
one, following the enacting clause, by striking out the remainder
of the bill and inserting in lieu thereof the following language:
That §8-11-5 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §17B-3-6
of said code be amended
and reenacted, all to read as follows:
ARTICLE 11. POWERS AND DUTIES WITH RESPECT TO ORDINANCES AND
ORDINANCE PROCEDURES.
§8-11-5. Prejudgment alternative disposition of certain traffic
offenses.
(a) Municipal courts are hereby authorized to establish
a prejudgment alternative disposition procedure for traffic
offenses over which the court has jurisdiction.
(b) Under a prejudgment disposition procedure authorized
by subsection (a) of this section, if a person is found guilty of
a traffic offense, the municipal court may, with the person's
consent, withhold for a reasonable time not to exceed ninety 180
days the entry of a judgment of conviction so that the person may
attend a driver safety education course designated by the municipal
court. If the person attends said course, the municipal court, if
satisfied with the person's participation in the course, shall,
without entering a judgment of conviction, dismiss the proceeding
against the person.
(c) It shall be a condition of any prejudgment alternative disposition authorized by the provisions of this
section that the person pay any fine assessed by the court and pay
all fees and costs required to be paid by any provision of this
code where a person is convicted of a criminal traffic offense. No
municipal court shall utilize any prejudgment alternative
disposition procedure unless it collects such fees and costs as are
required by any provision of this code and transmits the moneys
collected as required by law. No municipal court shall utilize any
prejudgment alternative disposition procedure unless it conforms
with the requirements of this section.
(d) The procedure authorized by the provisions of this
section shall not be available to any person who:
(1) Holds a commercial driver's license issued by this
state in accordance with chapter seventeen e of this code, or who
holds a commercial driver's license issued by any other state or
jurisdiction;
(2) Is arrested while operating a commercial motor
vehicle as defined in chapter seventeen-e of this code; or
(3) Is arrested for driving under the influence of
alcohol or drugs or any other offense for which a mandatory period
of confinement in jail is required.
ARTICLE 3. CANCELLATION, SUSPENSION OR REVOCATION OF LICENSES.
§17B-3-6. Authority of division to suspend or revoke license;
hearing.
(a) The division is hereby authorized to suspend the driver's
license of any person without preliminary hearing upon a showing by
its records or other sufficient evidence that the licensee:
(1) Has committed an offense for which mandatory revocation of a driver's license is required upon conviction;
(2) Has by reckless or unlawful operation of a motor vehicle,
caused or contributed to an accident resulting in the death or
personal injury of another or property damage;
(3) Has been convicted with such frequency of serious offenses
against traffic regulations governing the movement of vehicles as
to indicate a disrespect for traffic laws and a disregard for the
safety of other persons on the highways;
(4) Is an habitually reckless or negligent driver of a motor
vehicle;
(5) Is incompetent to drive a motor vehicle;
(6) Has committed an offense in another state which if
committed in this state would be a ground for suspension or
revocation;
(7) Has failed to pay or has defaulted on a plan for the
payment of all costs, fines, forfeitures or penalties imposed by a
magistrate court or municipal court within ninety days, as required
by section two-a, article three, chapter fifty of this code or
section two-a, article ten, chapter eight of this code;
(8) Has failed to appear or otherwise respond before a
magistrate court or municipal court when charged with a motor
vehicle violation as defined in section three-a of this article;
(9) Is under the age of eighteen and has withdrawn either
voluntarily or involuntarily due to misconduct from a secondary
school or has failed to maintain satisfactory academic progress, as
provided in section eleven, article eight, chapter eighteen of this
code; or
(10) Has failed to pay overdue child support or comply with subpoenas or warrants relating to paternity or child support
proceedings, if a circuit court has ordered the suspension of the
license as provided in article five-a, chapter forty-eight-a of
this code and the Child Support Enforcement Division has forwarded
to the division a copy of the court order suspending the license,
or has forwarded its certification that the licensee has failed to
comply with a new or modified order that stayed the suspension and
provided for the payment of current support and any arrearage due.
(b) The driver's license of any person having his or her
license suspended shall be reinstated if:
(1) The license was suspended under the provisions of
subdivision (7), subsection (a) of this section and the payment of
costs, fines, forfeitures or penalties imposed by the applicable
court has been made;
(2) The license was suspended under the provisions of
subdivision (8), subsection (a) of this section and the person
having his or her license suspended has appeared in court and has
prevailed against the motor vehicle violations charged; or
(3) The license was suspended under the provisions of
subdivision (10), subsection (a) of this section and the division
has received a court order restoring the license or a certification
by the Child Support Enforcement Division that the licensee is
complying with the original support order or a new or modified
order that provides for the payment of current support and any
arrearage due.
(c) Any reinstatement of a license under subdivision (1), (2)
or (3), subsection (b) of this section shall be subject to a
reinstatement fee designated in section nine of this article.
(d) Upon suspending the driver's license of any person as
hereinbefore in this section authorized, the division shall
immediately notify the licensee in writing, sent by certified mail,
return receipt requested, to the address given by the licensee in
applying for license, and upon his or her request shall afford him
or her an opportunity for a hearing as early as practical within
not to exceed twenty days after receipt of such request in the
county wherein the licensee resides unless the division and the
licensee agree that such hearing may be held in some other county.
Upon such hearing the commissioner or his or her duly authorized
agent may administer oaths and may issue subpoenas for the
attendance of witnesses and the production of relevant books and
papers and may require a reexamination of the licensee. Upon such
hearing the division shall either rescind its order of suspension
or, good cause appearing therefor, may extend the suspension of
such license or revoke such license. The provisions of this
subsection providing for notice and hearing are not applicable to
a suspension under subdivision (10), subsection (a) of this
section.
(e) Notwithstanding the provisions of legislative rule 91 CSR
5, the division may, upon completion of an approved defensive
driving course, deduct three points from a licensee's point
accumulation provided the licensee has not reached fourteen points.
If a licensee has been notified of a pending thirty-day driver's
license suspension based on the accumulation of twelve or thirteen
points, the licensee may submit proof of completion of an approved
defensive driving course to deduct three points and rescind the
pending license suspension: Provided, That the licensee submits proof of prior completion of the course and payment of the
reinstatement fee in accordance with section nine, article three of
this chapter to the division prior to the effective date of the
suspension.