SB535 H JUD AMT 3-5 #1

The Committee on the Judiciary moves to amend the title of the bill as follows:
Com. Sub. for S. B. 535 -- "A Bill to amend and reenact §17B-4-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §17C-5-2 and §17C-5-7 of said code; and to amend and reenact §17C-5A-1, §17C-5A-2, §17C-5A-3 and §17C-5A-3a of said code, all relating to modifications to administrative and criminal penalties for driving a motor vehicle under the influence of alcohol and/or drugs; reducing the criminal and administrative sanctions for driving a vehicle with a lawfully suspended or revoked license; providing for concurrent sentences for driving a vehicle with a lawfully suspended or revoked license; removing the mandatory 24-hour incarceration for first offense driving under the influence; creating an aggravated offense of driving with a blood alcohol concentration of fifteen hundredths of one percent or more, by weight; permitting participation in the Motor Vehicle Alcohol Test and Lock Program for first offense driving under the influence; process for rejecting or modifying hearing examiner's proposed findings; law-enforcement officers excused from hearings unless presence is requested by party whose license is at issue; adoption of law-enforcement affidavit if officer does not attend hearing; mandating participation in the Motor Vehicle Alcohol Test and Lock Program for first offense driving under the influence; providing enhanced administrative sanctions for persons operating a motor vehicle with a blood alcohol concentration of fifteen hundredths of one percent or more, by weight; making certain technical changes to administrative procedures; transferring primary authority of the Safety and Treatment Program to the Department of Health and Human Resources; providing for removal of the Driver's Rehabilitation Fund from the jurisdiction of the Division of Motor Vehicles and placing it under the jurisdiction of the Secretary of the Department of Health and Human Resources; requiring Department of Health and Human Resources to propose legislative rules; providing that a person whose driver's license is revoked for refusing to take a secondary chemical test is not eligible to reduce the revocation period by completing the Safety and Treatment Program; removing requirement that victim impact panels be implemented pursuant to legislative rules; requiring the Commissioner of the Department of Motor Vehicles to propose legislative rules; reducing the minimum period of revocation for participation in the test and lock program; increasing minimum periods of participation in the ignition interlock device for aggravating offenses; and denying participation in the Motor Vehicle Alcohol Test and Lock Program for persons whose driver's license is revoked for driving under the influence of drugs."