H. B. 2838
(By Delegate Browning)
[Introduced January 9, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §17B-3-6 of the Code of West Virginia,
1931, as amended, relating to prohibiting the Commissioner of
Motor Vehicles from suspending for more than six months the
license of a person whose license was suspended as a result of
having a seizure.
Be it enacted by the Legislature of West Virginia:
That §17B-3-6 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-3-6. 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 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(9) Is under the age of eighteen and has withdrawn either voluntarily or involuntarily from a secondary school, as provided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 (d) providing for notice and hearing are not applicable to a suspension under subdivision (10), subsection (a) of this
section.
(e) Notwithstanding any other provision of this chapter to the
contrary, the commissioner may not suspend for more than six months
the license of a person whose license was suspended as a result of
having a seizure.
NOTE: The purpose of this bill is to prohibit the
Commissioner of Motor Vehicles from suspending the license of a
person whose license was suspended as a result of a seizure for
more than six months.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.