Senate Bill No. 498
(By Senators Chernenko and Brackenrich)
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[Introduced March 22, 1993; referred to the Committee
on the Judiciary.]
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A BILL to amend article three, chapter seventeen-b of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
three-b, relating to the mandatory suspension of a driver's
license upon a conviction for a drug-related offense.
Be it enacted by the Legislature of West Virginia:
That article three, chapter seventeen-b of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
three-b, to read as follows:
ARTICLE 3. CANCELLATION, SUSPENSION OR REVOCATION OF LICENSES.
§17B-3-3b. Mandatory suspension of driver's license upon a
conviction for drug-related offense.
(a) In accordance with federal law 23 USC §159 and federal
rule 23CFR part 1212, the commissioner shall suspend the driver's
license, or delay eligibility to obtain a driver's license of any
person upon receiving a notice of conviction for a drug-relatedoffense.
(b) "Conviction for a drug-related offense" means a
conviction in any federal court, state circuit court, magistrate
court or court of another state for any criminal drug offense
including the possession, distribution, manufacture, cultivation,
sale or attempt or conspiracy to possess, distribute,
manufacture, cultivate, sell or transfer any substance, or
driving under the influence of any substance the possession of
which is prohibited under the federal controlled substances act,
the West Virginia controlled substance act, chapter sixty-a of
this code or similar statute of another state with the same
elements as chapter sixty-a of this code. For the purposes of
this section conviction also includes any adjudication under
juvenile proceedings.
(c) The clerk of the court in which a person is convicted
for a drug-related offense shall forward to the commissioner a
certified abstract of the judgment of such conviction within
seventy-two hours after the conviction becomes final.
(d) The period of suspension shall be for a period of six
months. If a person does not have a driver's license, or a
person's license is suspended or revoked, the person's
eligibility to obtain a license or eligibility to reinstate a
suspended or revoked license shall be delayed for a period of six
months. This section may not be construed so as to lessen the
period of any revocation order entered under the provisions of
article five-a, chapter seventeen-c of this code.
(e) A copy of the order of suspension shall be forwarded to
the person by registered or certified mail, return receipt
requested. No order of suspension becomes effective until ten
days after receipt of a copy of such order.
(f) The commissioner shall forward to the appropriate state
agency any certified abstract of judgement of conviction she or
he may receive concerning an out of state resident.
(g) The order of license suspension shall advise the person
that because of the receipt of a certified abstract of the
judgment of conviction, a presumption exists that the person
named in the order of suspension is the same person named in the
certified abstract of the judgment of conviction. The
commissioner may grant an administrative hearing under the
provisions of section two, article five-a, chapter seventeen-c of
this code upon a preliminary showing that a possibility exists
that the person named in the certified abstract of the judgment
of conviction is not the same person whose license is being
suspended. A request for hearing shall be made within ten days
after receipt of a copy of the order of suspension. The sole
purpose of this hearing is for the person requesting the hearing
to present evidence that he or she is not the person named in the
certified abstract of the judgment of conviction.
NOTE: The purpose of this bill is to implement the
provisions of federal law which requires the suspension of the
driver's license of persons convicted of drug-related offenses
unless the Legislature passes a resolution opposing license
suspension for a drug-related offense.
This section is new; therefore, strike-throughs and
underscoring have been omitted.