H. B. 4330
(By Delegates Hrutkay, Boggs and Schadler)
[Introduced January 29, 2008; referred to the
Committee on Roads and Transportation then the
Judiciary.]
A BILL to amend and reenact §17B-3-3a of the Code of West Virginia,
1931, as amended, relating to failure to respond to traffic
offenses or the terms and conditions of traffic convictions
and reducing the time period for nonresidents to comply with
the terms of the citation before the court sends notice to the
Division of Motor Vehicles.
Be it enacted by the Legislature of West Virginia:
That §17B-3-3a of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. CANCELLATION, SUSPENSION OR REVOCATION OF LICENSES.
§17B-3-3a. Suspending license for failure to pay fines or
penalties imposed by magistrate court or municipal
court.
(a) The division shall suspend the license of any resident of
this state or the privilege of a nonresident to drive a motor vehicle in this state upon receiving notice from a magistrate court
or municipal court of this state, pursuant to subsection (b),
section two-a, article three, chapter fifty or subsection (b),
section two-a, article ten, chapter eight of this code, that such
person has defaulted on the payment of costs, fines, forfeitures or
penalties, which were imposed on the person by the magistrate court
or municipal court upon conviction of any motor vehicle violation
or that such person has failed to respond or appear in court when
charged with a motor vehicle violation.
(b) The magistrate court or municipal court shall notify the
division as follows:
(1) For any resident of this state, after one hundred eighty
days following such
conviction default or failure to respond,
or
(2) For a nonresident, after eighty days following such
default or failure to respond. or that such person has failed to
appear in court when charged with a motor vehicle violation.
(c) For the purposes of this section, section two-a, article
three, chapter fifty and section two-a, article ten, chapter eight,
"motor vehicle violation" shall be defined as any violation
designated in chapter seventeen-a, seventeen-b, seventeen-c,
seventeen-d or seventeen-e of this code, or the violation of any
municipal ordinance relating to the operation of a motor vehicle
for which the violation thereof would result in a fine or penalty:
Provided, That any parking violation or other violation for which a citation may be issued to an unattended vehicle shall not be
considered a motor vehicle violation for the purposes of this
section, section two-a, article three, chapter fifty or section
two-a, article ten, chapter eight of this code.
NOTE: The purpose of this bill is to reduce the time period
for magistrate courts and municipal courts to notify DMV of
unsatisfied traffic-related tickets of nonresidents. This change
is necessary to remain in compliance with the Nonresident Violator
Compact (NRVC).
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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