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Introduced Version House Bill 4318 History

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Key: Green = existing Code. Red = new code to be enacted


H. B. 4318


(By Mr. Speaker, Mr. Kiss, and Delegates

Trump, Amores and Michael)


[Introduced January 30, 2002; referred to the

Committee on the Judiciary then Finance.]




A BILL to amend and reenact section four hundred seven, article four, chapter sixty-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to permitting the assessment of court costs as a condition of probation in certain circumstances.

Be it enacted by the Legislature of West Virginia:
That section four hundred seven, article four, chapter sixty-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 4. OFFENSES AND PENALTIES.

§60A-4-407. Conditional discharge for first offense of possession.

(a) Whenever any person who has not previously been convicted of any offense under this chapter or under any statute of the United States or of any state relating to narcotic drugs, marihuana, or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a controlled substance under section 401(c), the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him or her on probation upon terms and conditions. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him or her. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for second or subsequent convictions under section 408. The effect of
such the dismissal and discharge shall be to restore such the person in contemplation of law to the status he or she occupied prior to such arrest and trial. No person as to whom such a dismissal and discharge have been effected shall be thereafter held to be guilty of perjury, false swearing, or otherwise giving a false statement by reason of his or her failure to disclose or acknowledge such his or her arrest or trial in response to any inquiry made of him or her for any purpose. There may be only one discharge and dismissal under this section with respect to any person.
After a period of not less than six months which shall begin to run immediately upon the expiration of a term of probation imposed upon any person under this chapter, such the person may apply to the court for an order to expunge from all official records all recordations of his or her arrest, trial, and conviction, pursuant to this section. If the court determines after a hearing that such the person during the period of such his or her probation and during the period of time prior to his or her application to the court under this section has not been guilty of any serious or repeated violation of the conditions of such his or her probation, it shall enter such order the expungement.
(c) The court may order as a condition of the probation entered pursuant to subsection (a) of this section the payment of court costs which would be assessed if the person placed on probation were found guilty of the offense charged. These costs are to be imposed and distributed as other court costs in accordance with section two, article three, chapter fifty; section four, article two-a, chapter fourteen; section four, article twenty-nine, chapter thirty; and sections two, seven and ten, article five, chapter sixty-two of this code.



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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