ENGROSSED
Senate Bill No. 515
(By Senators Wooton, Minard, Yoder, Holliday,
Dittmar, Claypole and Ross)
__________
[Originating in the Committee on the Judiciary;
reported February 23, 1994.]
__________
A BILL to amend article eleven, chapter eight of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new section, designated section five,
relating to alternative disposition of traffic offenses;
educational offenses; prohibition against waiving fees; and
requiring collected fees be transmitted to the appropriate
agency.
Be it enacted by the Legislature of West Virginia:
That article eleven, chapter eight of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section five,
to read as follows:
ARTICLE 11. POWERS AND DUTIES WITH RESPECT TO ORDINANCES AND
ORDINANCE PROCEDURES.
§8-11-5. Prejudgment alternative disposition of certain traffic
offenses.
(a) Municipal courts are hereby authorized to establish aprejudgment alternative disposition procedure for traffic
offenses over which the court has jurisdiction.
(b) Under a prejudgment disposition procedure authorized by
subsection (a) of this section, if a person is found guilty of a
traffic offense the municipal court may, with the person's
consent, withhold for a reasonable time not to exceed ninety
days, the entry of a judgment of conviction so that the person
may attend a driver safety education course designated by the
municipal court. If the person attends said course, the
municipal court shall, without entering a judgment of conviction,
dismiss the proceeding against the person.
(c) It shall be a condition of any prejudgment alternative
disposition authorized by the provisions of this section that the
person pay any fine assessed by the court and pay all fees and
costs required to be paid by any provision of this code where a
person is convicted of a criminal traffic offense. Nothing in
this section may be construed to limit the responsibility of the
municipal court to collect such fees and costs as are required by
any provision of this code and transmit the moneys collected as
required by law.
(d) The procedure authorized by the provisions of this
section shall not be available to any person convicted of driving
under the influence of alcohol or drugs or vehicular homicide.