H. B. 4098
(By Delegates Perry, Ellem, Morgan, Stemple
Boggs Webster, H. White and Palumbo)
[Introduced January 21, 2008; referred to the
Committee on Roads and Transportation then the
Judiciary.]
A BILL to amend and reenact §17B-2-10 of the Code of West Virginia,
1931, as amended; and to amend said code by adding thereto a
new section, designated §17B-2-10a, all relating to allowing
limited driving privileges when a driver's license is
suspended for certain reasons.
Be it enacted by the Legislature of West Virginia:
That §17B-2-10 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that said code be amended by adding
thereto a new section, designated §17B-2-10a, all to read as
follows:
ARTICLE 2. ISSUANCE OF LICENSE, EXPIRATION AND RENEWAL.
§17B-2-10. Restricted licenses.
(a) The division upon issuing a driver's license
shall have
has authority whenever good cause appears to impose restrictions
suitable to the licensee's driving ability with respect to the type of or special mechanical control devices required on a motor
vehicle which the licensee may operate or
such other restrictions
applicable to the licensee
as that the division
may determine
determines to be appropriate to assure the safe operation of a
motor vehicle by the licensee.
(b) The division shall issue a restricted license to a person:
(1) Who has failed to pay overdue child support or comply with
subpoenas or warrants relating to paternity or child support
proceedings if a court orders restrictions of the person's license
as provided in article fifteen, chapter forty-eight of this code;
and
(2) Who a magistrate or circuit court determines should be
allowed a restricted license pursuant to the provisions of section
ten-a of this article.
(c) The division may either issue a special restricted license
or may set forth such restrictions upon the usual license form.
(d) The division may upon receiving satisfactory evidence of
any violation of the restrictions of such license suspend or revoke
the same but the licensee shall be entitled to a hearing as upon a
suspension or revocation under this chapter.
(e) It is a misdemeanor for any person to operate a motor
vehicle in any manner in violation of the restrictions imposed in
a restricted license issued to such person.
§17B-2-10a. Court ordered restricted licenses.
(a) A person whose driver's license has been suspended
pursuant to provisions identified in subsection (b) of this section
may file a petition in the magistrate court or circuit court in the
county where the person resides, agreeing to pay the cost of the
proceedings and alleging that the suspension seriously affects the
person's ability to continue the person's employment. Upon
satisfactory proof that the suspension seriously affects the
person's ability to continue the person's employment or education,
obtain necessary treatment for a serious medical condition of the
person or a member of the person's household or immediate family or
comply with other court ordered activities, the magistrate or
circuit court judge may order the Division of Motor Vehicles to
grant the person a restricted license allowing limited driving
privileges during the period the suspension would otherwise be
imposed. A restricted license issued pursuant to an order issued
under this section shall limit driving privileges to driving that
is necessary:
(1) In the course of the person's employment or occupation;
and
(2) To and from any combination of the following:
(A) The person's residence;
(B) The person's work location;
(C) An alcohol or drug education or treatment program as
ordered by the court;
(D) The court's probation department;
(E) A court-ordered community service program;
(F) An educational institution at which the person is enrolled
as a student; or
(G) A place of regularly occurring medical treatment for a
serious condition for the person or a member of the person's
household or immediate family.
(b) A magistrate or circuit court may only grant relief under
this section when the person's license is suspended under the
provisions of:
(1) Section two-b, article ten, chapter eight of this code;
(2) Section sixteen, article two, chapter seventeen-a of this
code;
(3) Section three, article three, chapter seventeen-a of this
code;
(4) Section three-a of this article;
(5) Section three-a, article three, of this chapter;
(6) Section three-c, article three, of this chapter;
(7) Section twelve, article three, of this chapter;
(8) Section two-a, article three, chapter fifty of this code;
(9) Section seventeen, article four, chapter sixty-two of this
code; or
(10) Any section of this code that requires the payment of a
fee or cost in order to have a driver's license reinstated.
(c) While driving with a restricted license obtained pursuant
to an order issued under this section, the person shall carry proof
of his or her destination and the hours of any employment, class,
or other reason for traveling and shall display that proof upon a
law-enforcement officer's request.
NOTE: The purpose of this bill is to provide a procedure by
which a person whose driver's license is suspended for certain
reasons may obtain a restricted driver's license in order to drive
in the course of the person's employment or occupation, to and from
the person's residence, work location, an alcohol or drug education
or treatment program as ordered by the court, the court's probation
department, a court-ordered community service program, an
educational institution at which the person is enrolled as a
student or a place of regularly occurring medical treatment for a
serious condition for the person or a member of the person's
household or immediate family.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
This bill was recommended for introduction and passage during
the 2008 Regular Session of the Legislature by the Legislative
Oversight Committee on Regional Jail and Correctional Facility
Authority.