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Introduced Version Senate Bill 256 History

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Key: Green = existing Code. Red = new code to be enacted
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Senate Bill No. 256

(By Senators Love, Hunter, White and McKenzie)

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[Introduced January 18, 2008; referred to the Committee on Transportation and Infrastructure.]

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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.

§17B-2-10a is new; therefore, strike-throughs and underscoring have been omitted.

 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.
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