H. B. 2619


(By Delegates Sparks and McGraw)
[Introduced February 3, 1999; referred to the
Committee on the Judiciary.]




A BILL to amend article five, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section two-b, relating to penalties for driving under the influence of alcohol; and providing additional jail time for convicted persons who are intoxicated when they appear at the jail to serve their sentences.

Be it enacted by the Legislature of West Virginia:
That article five, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section two-b, to read as follows:
ARTICLE 5. SERIOUS TRAFFIC OFFENSES.

§17C-5-2b. Enhanced jail time for persons convicted of driving under the influence of alcohol who appear at jail intoxicated.

(a) Notwithstanding the provisions of section nine, article six, chapter sixty of this code, any person who has been convicted under any provision of this article for the offense of driving under the influence of alcohol who appears intoxicated at the jail for service of a sentence, may be required to serve additional jail time.
(b) When the jail personnel have cause to suspect that a person who is being incarcerated for a sentence under any provision of this article for driving under the influence of alcohol is intoxicated at the time of that person's appearance at the jail to start serving the sentence, the jail personnel may request a breath test to confirm the prisoner is under the influence or intoxicated. If the results of the breath test indicate a blood alcohol concentration of ten hundredths of one percent or more, by weight, then the jail personnel shall certify this to the court that sentenced the prisoner. The court then may increase the sentence of the intoxicated person up to an additional number of days, not to exceed one third of the sentence originally imposed.


NOTE: The purpose of this bill is to permit enhancement of the jail sentence of persons convicted of driving under the influence of alcohol, when those persons are intoxicated at the time they start serving their sentences.

This section is new; therefore, strike-throughs and underscoring have been omitted.