SB534 SFAT Trump 3-1

Greenlief x7835

Senator Trump moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:

Eng. Senate Bill No. 534 -- A BILL to amend and reenact §17C‑5‑2, §17C-5-2b, §17C‑5‑4 and §17C‑5‑7 of the Code of West Virginia, 1931, as amended; to amend and reenact §17C-5A-1, §17C‑5A‑1a and §17C‑5A‑3 of said code; to amend said code by adding thereto two new sections, designated §17C-5A-1b and §17C-5A-1c; and to amend said code by adding thereto a new section, designated §17C‑5C‑6, all relating generally to the procedures for drivers’ license suspensions and revocations for driving under the influence of alcohol, controlled substances or drugs; transferring authority for hearing matters related to suspensions or revocations of drivers’ license for operating a motor vehicle while under the influence of alcohol, controlled substances or drugs from the Office of Administrative Hearings to magistrate courts; granting authority to magistrate courts to suspend or revoke driver’s licenses in such cases; establishing mandatory revocation periods for individuals convicted of driving under the influence; authorizing alternate revocation period involving participation in motor vehicle alcohol test and lock period for certain first offenses; establishing mandatory revocation periods for individuals upon subsequent convictions for driving under the influence; requiring individuals whose driver’s licenses have been revoked upon conviction for driving under the influence to complete comprehensive safety and treatment program; making individuals convicted of felony DUI ineligible for participation in motor vehicle alcohol test and lock program; making individuals convicted of misdemeanor DUI eligible for participation in motor vehicle alcohol test and lock program unless otherwise ordered by the court; making individuals who are found guilty of driving under the influence ineligible for deferral of further proceedings upon condition of participation in motor vehicle alcohol test and lock program; making individuals who refuse to submit to a secondary chemical test ineligible for deferral of further proceedings upon condition of participation in motor vehicle alcohol test and lock program; prohibiting secondary test of blood without issuance of warrant signed by a magistrate or circuit judge; requiring that individual arrested for driving under the influence be advised orally of certain consequences for refusal to submit to secondary chemical test; requiring that individual arrested for driving under the influence be given written statement informing the individuals of legal consequences of taking or refusing to take a preliminary breath test and informing the individual of right to receive secondary blood test; requiring that officer give second oral warning fifteen minutes after first warning given and before refusal is considered final; requiring that, following an individual’s refusal to take a preliminary breath test, an arresting officer execute a signed statement that the officer administered all required warnings; directing officer to submit copy of written statement to court having jurisdiction over charges filed against the individual; eliminating all statutory provisions authorizing or requiring the Commissioner of the Division of Motor Vehicles to take administrative action upon an individual’s driver’s license on the basis of a driving under the influence arrest; limiting administrative jurisdiction of Division of Motor Vehicles and Office of Administrative Hearings to offenses occurring on or before June 30, 2016; providing that administrative hearings relating to refusal to undergo a secondary chemical test does not apply to offenses occurring on or after July 1, 2016; eliminating requirement for an order entered by the Division of Motor Vehicles revoking a driver’s license to advise of procedures for requesting administrative hearing when the offense is driving under the influence; limiting the right of individuals to challenge suspension or revocation of driver’s licenses to the issue of mistaken identity; requiring the Commissioner to take corrective action if a driver’s license is incorrectly suspended or revoked based on mistaken identity; providing that plea of no contest constitutes a conviction; requiring pretrial suspension of driver’s licenses if individual refuses to submit to secondary chemical test; permitting pretrial suspension of driver’s license by court under certain circumstances; establishing right to request and receive judicial review of suspension orders pending criminal proceedings; establishing the scope of review for judicial review of pretrial driver’s license suspension for refusal to submit to secondary chemical test; requiring the clerk of a court to transmit a copy of an order suspending or revoking a driver’s license to the Division of Motor Vehicles; providing terms and length of pretrial license suspension; giving person’s convicted of driving under the influence credit for pretrial suspension time against period of revocation imposed; making persons convicted of driving under the influence eligible for participation in comprehensive safety and treatment program and related reductions in length of revocation for successful competition thereof; establishing procedures and timeline for the Division of Motor Vehicles to transfer jurisdiction of driver’s license suspension and revocation to the courts; and making technical corrections.

Adopted

Rejected