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."