H. B. 3053
(By Delegates Anderson and Ellem)
[Introduced January 9, 2008; referred to the
Committee on Roads and Transportation then the
Judiciary.]
A BILL to amend and reenact §17B-3-3a, §17B-3-3c and §17B-3-4 of
the Code of West Virginia, 1931, as amended, all relating to
providing that accessible parking violations will be
considered motor vehicle violations and criminal offenses for
certain penalty and record keeping purposes.
Be it enacted by the Legislature of West Virginia:
That §17B-3-3a, §17B-3-3c and §17B-3-4 of the Code of West
Virginia, 1931, as amended, be amended and reenacted, all to read
as follows:
ARTICLE 3. CANCELLATION, SUSPENSION OR REVOCATION OF LICENSES.
§17B-3-3a. Suspending license for failure to pay fines or
penalties imposed by magistrate court or municipal
court.
The division shall suspend the license of any resident of this
state or the privilege of a nonresident to drive a motor vehicle in this state upon receiving notice from a magistrate court or
municipal court of this state, pursuant to subsection (b), section
two-a, article three, chapter fifty or subsection (b), section
two-a, article ten, chapter eight of this code, that such person
has defaulted on the payment of costs, fines, forfeitures or
penalties, which were imposed on the person by the magistrate court
or municipal court upon conviction of any motor vehicle violation,
after one hundred eighty days following such conviction, or that
such person has failed to appear in court when charged with a motor
vehicle violation. For the purposes of this section, section two-a,
article three, chapter fifty and section two-a, article ten,
chapter eight, "motor vehicle violation" shall be defined as any
violation designated in chapter seventeen-a, seventeen-b,
seventeen-c, seventeen-d or seventeen-e of this code, or the
violation of any municipal ordinance relating to the operation of
a motor vehicle for which the violation thereof would result in a
fine or penalty. Provided, That,
Except for
an accessible parking
violation pursuant to section six, article thirteen, chapter
seventeen-c
of this code,
any a parking violation or other
violation for which a citation may be issued to an unattended
vehicle shall not be considered a motor vehicle violation for the
purposes of this section, section two-a, article three, chapter
fifty or section two-a, article ten, chapter eight of this code.
§17B-3-3c. Suspending license for failure to pay fines or penalties imposed as the result of criminal
conviction or for failure to appear in court.
(a) The division shall suspend the license of any resident of
this state or the privilege of a nonresident to drive a motor
vehicle in this state upon receiving notice from a circuit court,
magistrate court or municipal court of this state, pursuant to
section two-b, article three, chapter fifty of this code or section
two-b, article ten, chapter eight of said this code or section
seventeen, article four, chapter sixty-two of said this code, that
such person has defaulted on the payment of costs, fines,
forfeitures, penalties or restitution imposed on the person by the
circuit court, magistrate court or municipal court upon conviction
for any criminal offense by the date such court had required such
person to pay the same, or that such person has failed to appear in
court when charged with such an offense. For the purposes of this
section; section two-b, article three, chapter fifty of said this
code; section two-b, article ten, chapter eight of said this code;
and section seventeen, article four, chapter sixty-two of said this
code, "criminal offense" shall be defined as any violation of the
provisions of said this code, or the violation of any municipal
ordinance, for which the violation thereof may result in a fine,
confinement in jail or imprisonment in a correctional facility of
this state. Provided, That, Except for an accessible parking
violation pursuant to section six, article thirteen, chapter seventeen-c of this code, any a parking violation or other
violation for which a citation may be issued to an unattended
vehicle shall not be considered a criminal offense for the purposes
of this section; section two-b, article ten, chapter eight of said
this code; section two-b, article three, chapter fifty of said this
code; or section seventeen, article four, chapter sixty-two of said
this code.
(b) A copy of the order of suspension shall be forwarded to
such person by certified mail, return receipt requested. No order
of suspension becomes effective until ten days after receipt of a
copy of such order. The order of suspension shall advise the person
that because of the receipt of notice of the failure to pay costs,
fines, forfeitures or penalties, or the failure to appear, a
presumption exists that the person named in the order of suspension
is the same person named in the notice. The Commissioner may grant
an administrative hearing which substantially complies with the
requirements of the provisions of section two, article five-a,
chapter seventeen-c of this code upon a preliminary showing that a
possibility exists that the person named in the notice of
conviction is not the same person whose license is being suspended.
Such request for hearing shall be made within ten days after
receipt of a copy of the order of suspension. The sole purpose of
this hearing shall be for the person requesting the hearing to
present evidence that he or she is not the person named in the notice. In the event the Commissioner grants an administrative
hearing, the Commissioner shall stay the license suspension pending
the Commissioner's order resulting from the hearing.
(c) A suspension under this section and section three-a of
this chapter will continue until the person provides proof of
compliance from the municipal, magistrate or circuit court and pays
the reinstatement fee as provided in section nine of this article.
The reinstatement fee is assessed upon issuance of the order of
suspension regardless of the effective date of suspension.
§17B-3-4. Abstract of judgment of conviction for violation of
motor vehicle laws to be sent to division.
Whenever a conviction is had in any court of record, or in a
justice's court, or in the police court or mayor's court of any
incorporated municipality, for the violation of any law of this
state governing or regulating the licensing or operation of any
motor vehicle, or for the violation of any provision of a charter,
or bylaw, or ordinance of such incorporated municipality governing
or regulating the operation of motor vehicles, except regulations
governing standing or parking, the clerk of every such court, or
the justice, or the clerk or recorder of such municipality, as the
case may be, shall in each case transmit to the division within
seventy-two hours after such conviction is had a certified abstract
of the judgment on such conviction. An accessible parking violation
pursuant to section six, article thirteen, chapter seventeen-c of this code is subject to the requirements of this section.
For the purposes of this chapter, a forfeiture of bail or
collateral deposited to secure a defendant's appearance in court,
which forfeiture has not been vacated, shall be equivalent to a
conviction.
Wilful Willful failure, refusal or neglect to comply with the
provisions of this section shall subject the person who is guilty
thereof to a fine of not less than ten dollars nor more than fifty
dollars and may be the grounds for removal from office.
NOTE: The purpose of this bill is to establish that
accessible parking violations will be considered motor vehicle
violations and criminal offenses for certain penalty and record
keeping purposes.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.