Senate Bill No. 575
(By Senator Laird)
____________
[Introduced February 15, 2010; referred to the Committee on
Natural Resources; and then to the Committee on the Judiciary.]
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A BILL to amend and reenact §8-10-2a and §8-10-2b
of the Code of
West Virginia, 1931, as amended;
to amend and reenact
§17B-3-
3a,
§17B-3-3c
and §17B-3-6
of said code; and to amend and
reenact §50-3-2a
of said code, all relating to suspension of
driving, hunting and fishing licenses for failure to pay
costs, fines, forfeitures, restitutions or penalties.
Be it enacted by the Legislature of West Virginia:
That §8-10-2a and §8-10-2b
of the Code of West Virginia, 1931,
as amended
,
be amended and reenacted; that §17B-3-3a,
§17B-3-3c
and
§17B-3-6 of said code be amended and reenacted; and that §50-3-2a
of said code be amended and reenacted, all to read as follows:
CHAPTER 8. MUNICIPAL CORPORATIONS.
ARTICLE 10. POWERS AND DUTIES OF CERTAIN OFFICERS.
§8-10-2a. Payment of fines by credit cards or payment plan; suspension of driver's license for failure to pay
motor vehicle violation fines or to appear in court
(a) A municipal court may accept credit cards in payment of
all costs, fines, forfeitures or penalties. A municipal court may
collect a substantial portion of all costs, fines, forfeitures or
penalties at the time
such the amount is imposed by the court so
long as the court requires the balance to be paid within one
hundred eighty days from the date of judgment and in accordance
with a payment plan
: Provided, That all costs, fines, forfeitures
or penalties imposed by the municipal court upon a nonresident of
this state by judgment entered upon a conviction for a motor
vehicle violation defined in section three-a, article three,
chapter seventeen-b of this code must be paid within eighty days
from the date of judgment. The payment plan shall specify: (1)
The number of additional payments to be made; (2) the dates on
which
such the payments and amounts shall be made; and (3) amounts
due on
such those dates.
(b) If costs, fines, forfeitures or penalties imposed by the
municipal court for motor vehicle violations as defined in section
three-a, article three, chapter seventeen-b of this code are not
paid within the time limits imposed pursuant to subsection (a) of
this section, or if a person fails to appear or otherwise respond
in court when charged with a motor vehicle violation as defined in section three-a, article three, chapter seventeen-b of this code,
the municipal court must notify the Commissioner of the Division of
Motor Vehicles of such failure to pay or failure to appear:
Provided, That upon motion made by the obligor, and with good cause
shown as to why the obligor has been unable to pay the balance in
full of all costs, fines, forfeitures, restitutions or penalties in
accordance with the original payment plan, the court may, at its
discretion, extend the payment plan for an additional one hundred
and eighty days before notifying the Commissioner of the Division
of Motor Vehicles
of the failure to pay.
§8-10-2b. Suspension of licenses for failure to pay fines and costs
or failure to appear in court
(a) If costs, fines, forfeitures or penalties imposed by the
municipal court upon conviction of a person for a criminal offense
as defined in section three-c, article three, chapter seventeen-b
of this code are not paid in full within one hundred eighty days of
the judgment, the municipal court clerk or, upon a judgment
rendered on appeal, the circuit clerk shall notify the Division of
Motor Vehicles of the failure to pay: Provided, That upon motion
made by the obligor, and with good cause shown concerning why the
obligor has been unable to pay the balance in full of all costs,
fines, forfeitures, restitutions or penalties in accordance with
the original payment plan, the court may, in its discretion, extend the payment plan for an additional one hundred and eighty days
before notifying the Commissioner of the Division of Motor Vehicles
of the failure to pay:
Provided, however, That at the time the
judgment is imposed, the judge shall provide the person with
written notice that failure to pay the same as ordered may result
in the withholding of any income tax refund due the licensee and
shall result in the suspension of the person's license or privilege
to operate a motor vehicle in this state and that the suspension
could result in the cancellation of, the failure to renew or the
failure to issue an automobile insurance policy providing coverage
for the person or the person's family: Provided however further,
That the failure of the judge to provide notice does not affect the
validity of any suspension of the person's license or privilege to
operate a motor vehicle in this state. For purposes of this
section, payment shall be stayed during any period an appeal from
the conviction which resulted in the imposition of costs, fines,
forfeitures or penalties is pending.
Upon notice, the Division of Motor Vehicles shall suspend the
person's driver's license or privilege to operate a motor vehicle
in this state until such time that the costs, fines, forfeitures or
penalties are paid: Provided, That any suspension imposed
hereunder expires ten years following the date that the suspension
was imposed.
(b) Notwithstanding the provisions of this section to the
contrary, the notice of the failure to pay costs, fines,
forfeitures or penalties may not be given where the municipal
court, upon application of the person upon whom the costs, fines,
forfeitures or penalties were imposed filed prior to the expiration
of the period within which these are required to be paid, enters an
order finding that the person is financially unable to pay all or
a portion of the costs, fines, forfeitures or penalties: Provided,
That where the municipal court, upon finding that the person is
financially unable to pay a portion of the costs, fines,
forfeitures or penalties, requires the person to pay the remaining
portion, the municipal court shall notify the Division of Motor
Vehicles of the person's failure to pay if not paid within the
period of time ordered by the court.
(c) If a person charged with a criminal offense fails to
appear or otherwise respond in court, the municipal court clerk
shall notify the Division of Motor Vehicles within fifteen days of
the scheduled date to appear unless the person sooner appears or
otherwise responds in court to the satisfaction of the judge. Upon
notice, the Division of Motor Vehicles shall suspend the person's
driver's license or privilege to operate a motor vehicle in this
state until such time that the person appears as required.
(d) On and after July 1, 2008, if the licensee fails to respond to the Division of Motor Vehicles order of suspension
within ninety days of receipt of the certified letter, the
municipal court of original jurisdiction shall notify the Tax
Commissioner that the licensee has failed to pay the costs, fines,
forfeitures or penalties assessed by the court or has failed to
respond to the citation. The notice provided by the municipal
court to the Tax Commissioner must include the licensee's social
security number. The Tax Commissioner, or his or her designee,
shall withhold from any personal income tax refund due and owing to
a licensee the costs, fines, forfeitures or penalties due to the
municipality, the Tax Commissioner's administration fee for the
withholding and any and all fees that the municipal court would
have collected had the licensee appeared: Provided, That the Tax
Commissioner's administration fee may not exceed $25: Provided,
however, That the Tax Commissioner may change this maximum amount
limitation for this fee for fiscal years beginning on or after July
1, 2008, by legislative rule promulgated in accordance with the
provisions of article three, chapter twenty-nine-a of this code:
Provided further, That the administrative fees deducted shall be
deposited in the special revolving fund hereby created in the State
Treasury, which shall be is designated as the "Municipal Fines and
Fees Collection Fund", and the Tax Commissioner shall make such
expenditures from the fund as he or she deems appropriate for the administration of this subsection. After deduction of the Tax
Commissioner's administration fee, the Tax Commissioner shall remit
to the municipality all remaining amounts withheld pursuant to this
section and the municipal court shall distribute applicable costs,
fines, forfeitures or penalties owed to the municipality, the
Regional Jail Authority Fund, the Crime Victims Compensation Fund,
the Community Corrections Fund, the Governor's subcommittee on law-
enforcement training or any other fund or payee that may be
applicable. After the costs, fines, forfeitures or penalties are
withheld, the Tax Commissioner shall refund any remaining balance
due the licensee. If the refund is not sufficient to cover all the
costs, fines, forfeitures or penalties being withheld pursuant to
this section, the Tax Commissioner's administration fee shall be
retained by the Tax Commissioner and the remaining money withheld
shall be remitted by the Tax Commissioner to the municipality. The
municipality shall then allocate the money so remitted to the
municipality in the following manner:
(1) Any costs, fines, forfeitures or penalties due to the
municipality;
(2) Seventy-five percent of the remaining balance shall be
paid to the appropriate Regional Jail Authority Fund;
(3) Fifteen percent of the remaining balance shall be paid to
the Crime Victims Compensation Fund;
(4) Six percent of the remaining balance shall be paid into
the Community Corrections Fund; and
(5) The final four percent shall be paid to the Governor's
subcommittee on law-enforcement training. When the costs, fines,
forfeitures or penalties exceed the licensee's income tax refund,
the Tax Commissioner shall withhold the remaining balance in
subsequent years until such time as the costs, fines, forfeitures
or penalties owed are paid in full. The Tax Commissioner shall
remit the moneys that he or she collects to the appropriate
municipality no later than July 1 of each year. If the municipal
court or the municipality subsequently determines that any such
costs, fines, forfeitures or penalties were erroneously imposed,
the municipality shall promptly notify the Tax Commissioner. If the
refunds have not been withheld and remitted, the Tax Commissioner
may not withhold and remit payment to the municipality and shall so
inform the municipality. If the refunds have already been withheld
and remitted to the municipality, the Tax Commissioner shall so
inform the municipality. In either event, all refunds for
erroneously imposed costs, fines, forfeitures or penalties shall be
made by the municipality and not by the Tax Commissioner.
(e) Rules and effective date. -- The Tax Commissioner may
promulgate such rules as may be useful or necessary to carry out
the purpose of this section and to implement the intent of the Legislature, to be effective on July 1, 2008. Rules shall be
promulgated in accordance with the provisions of article three,
chapter twenty-nine-a of this code.
(f) On or Before July 1, 2005, the municipal court may elect
to reissue notice as provided in subsections (a) and (c) of this
section to the Division of Motor Vehicles for persons who remain
noncompliant: Provided, That the person was convicted or failed to
appear on or after January 1, 1993. If the original notification
cannot be located, the Division of Motor Vehicles shall accept an
additional or duplicate notice from the municipal court clerk.
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.
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.
(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 magistrate court
or municipal court of this state, pursuant to subsection (b),
section two-a, article three, chapter fifty of this code or
subsection (b), section two-a, article ten, chapter eight of this
code, that such the 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 by judgment entered upon conviction of any motor vehicle violation or that such the person
has failed to respond or appear in court when charged with a motor
vehicle violation.
(b) The magistrate court or municipal court shall notify the
division upon a default of payment as follows:
(1) For a resident of this state, after one hundred eighty
days following the date of judgment upon the conviction, unless
otherwise extended by court order as provided in section two-a,
article ten, chapter eight of this code, or section two-a, article
three, chapter fifty of this code; or
(2) For a nonresident of this state, after eighty days
following the date of judgment upon the conviction.
(c) For the purposes of this section, section two-a, article
three, chapter fifty of this code and section two-a, article ten,
chapter eight of this code, "motor vehicle violation" shall be is
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 any parking violation
or other violation for which a citation may be issued to an
unattended vehicle shall not be is not considered a motor vehicle
violation for the purposes of this section, section two-a, article three, chapter fifty of this code or section two-a, article ten,
chapter eight of this code.
(d) Any suspension imposed hereunder expires ten years
following the date that the suspension was imposed.
§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 the 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 the court had required
such person to pay the same
, or that such the 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 is defined
as any violation of the provisions of 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 any parking
violation or other violation for which a citation may be issued to
an unattended vehicle shall not be is not 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 the 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 The 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 is 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:
Provided, That any suspension imposed hereunder expires ten years
following the date that the suspension was imposed.
The
reinstatement fee is assessed upon issuance of the order of
suspension regardless of the effective date of suspension.
§17B-3-6. Authority of division to suspend or revoke license;
hearing.
(a) The division is hereby authorized to suspend the driver's
license of any person without preliminary hearing upon a showing by
its records or other sufficient evidence that the licensee:
(1) Has committed an offense for which mandatory revocation of a driver's license is required upon conviction;
(2) Has by reckless or unlawful operation of a motor vehicle,
caused or contributed to an accident resulting in the death or
personal injury of another or property damage;
(3) Has been convicted with such frequency of serious offenses
against traffic regulations governing the movement of vehicles as
to indicate a disrespect for traffic laws and a disregard for the
safety of other persons on the highways;
(4) Is an habitually reckless or negligent driver of a motor
vehicle;
(5) Is incompetent to drive a motor vehicle;
(6) Has committed an offense in another state which if
committed in this state would be a ground for suspension or
revocation;
(7) Has failed to pay or has defaulted on a plan for the
payment of all costs, fines, forfeitures or penalties imposed by a
magistrate court or municipal court within ninety days, as required
by section two-a, article three, chapter fifty of this code or
section two-a, article ten, chapter eight of this code, unless
otherwise extended by court order as provided in section two-a,
article ten, chapter eight of this code,
or section two-a, article
three, chapter fifty of this code: Provided, That any suspension
imposed pursuant to this subdivision expires ten years following the date that the suspension was imposed;
(8) Has failed to appear or otherwise respond before a
magistrate court or municipal court when charged with a motor
vehicle violation as defined in section three-a of this article;
(9) Is under the age of eighteen and has withdrawn either
voluntarily or involuntarily due to misconduct from a secondary
school or has failed to maintain satisfactory academic progress, as
provided in section eleven, article eight, chapter eighteen of this
code; or
(10) Has failed to pay overdue child support or comply with
subpoenas or warrants relating to paternity or child support
proceedings, if a circuit court has ordered the suspension of the
license as provided in article five-a, chapter forty-eight-a of
this code and the Child Support Enforcement Division has forwarded
to the division a copy of the court order suspending the license,
or has forwarded its certification that the licensee has failed to
comply with a new or modified order that stayed the suspension and
provided for the payment of current support and any arrearage due.
(b) The driver's license of any person having his or her
license suspended shall be reinstated if:
(1) The license was suspended under the provisions of
subdivision (7), subsection (a) of this section and the payment of
costs, fines, forfeitures or penalties imposed by the applicable court has been made;
(2) The license was suspended under the provisions of
subdivision (8), subsection (a) of this section and the person
having his or her license suspended has appeared in court and has
prevailed against the motor vehicle violations charged; or
(3) The license was suspended under the provisions of
subdivision (10), subsection (a) of this section and the division
has received a court order restoring the license or a certification
by the Child Support Enforcement Division that the licensee is
complying with the original support order or a new or modified
order that provides for the payment of current support and any
arrearage due.
(c) Any reinstatement of a license under subdivision (1), (2)
or (3), subsection (b) of this section shall be is subject to a
reinstatement fee designated in section nine of this article.
(d) Upon suspending the driver's license of any person as
hereinbefore in this section authorized, the division shall
immediately notify the licensee in writing, sent by certified mail,
return receipt requested, to the address given by the licensee in
applying for license, and upon his or her request shall afford him
or her an opportunity for a hearing as early as practical within
not to exceed twenty days after receipt of such the request in the
county wherein the licensee resides unless the division and the licensee agree that such the hearing may be held in some other
county. Upon such hearing the commissioner or his or her duly
authorized agent may administer oaths and may issue subpoenas for
the attendance of witnesses and the production of relevant books
and papers and may require a reexamination of the licensee. Upon
such the hearing the division shall either rescind its order of
suspension or, good cause appearing therefor, may extend the
suspension of such license or revoke such license. The provisions
of this subsection providing for notice and hearing are not
applicable to a suspension under subdivision (10), subsection (a)
of this section.
(e) Notwithstanding the provisions of legislative rule 91 CSR
5, the division may, upon completion of an approved defensive
driving course, deduct three points from a licensee's point
accumulation provided the licensee has not reached fourteen points.
If a licensee has been notified of a pending thirty-day driver's
license suspension based on the accumulation of twelve or thirteen
points, the licensee may submit proof of completion of an approved
defensive driving course to deduct three points and rescind the
pending license suspension: Provided, That the licensee submits
proof of prior completion of the course and payment of the
reinstatement fee in accordance with section nine, article three of
this chapter to the division prior to before the effective date of the suspension.
CHAPTER 50. MAGISTRATE COURTS.
ARTICLE 3. COSTS, FINES AND RECORDS.
§50-3-2a. Payment by credit card or payment plan; suspension of
licenses for failure to make payments or appear or
respond; restitution; liens
(a) A magistrate court may accept credit cards in payment of
all costs, fines, fees, forfeitures, restitution or penalties in
accordance with rules promulgated by the Supreme Court of Appeals.
Any charges made by the credit company shall be paid by the person
responsible for paying the cost, fine, forfeiture or penalty.
(b) Unless otherwise required by law, a magistrate court may
collect a portion of any costs, fines, fees, forfeitures,
restitution or penalties at the time the amount is imposed by the
court so long as the court requires the balance to be paid in
accordance with a payment plan which specifies:
(1) The number of payments to be made;
(2) The dates on which the payments are due; and
(3) The amounts due for each payment.
The written agreement represents the minimum payments and the
last date those payments may be made. The obligor or the obligor's
agent may accelerate the payment schedule at any time by paying any
additional portion of any costs, fines, fees, forfeitures, restitution or penalties.
(c)(1) If any costs, fines, fees, forfeitures, restitution or
penalties imposed by the magistrate court in a criminal case are
not paid within one hundred eighty days from the date of judgment
and the expiration of any stay of execution, the magistrate court
clerk or, upon judgment rendered on appeal, the circuit clerk shall
notify the Commissioner of the Division of Motor Vehicles of the
failure to pay: Provided, That upon motion made by the obligor,
and with good cause shown concerning why the obligor has been
unable to pay the balance in full of all costs, fines, forfeitures,
restitutions or penalties in accordance with the original payment
plan, the court may, in its discretion, extend the payment plan for
an additional one hundred and eighty days before notifying the
Commissioner of the Division of Motor Vehicles
of the failure to
pay:
Provided, however, That in a criminal case in which a
nonresident of this state is convicted of a motor vehicle violation
defined in section three-a, article three, chapter seventeen-b of
this code, the appropriate clerk shall notify the Division of Motor
Vehicles of the failure to pay within eighty days from the date of
judgment and expiration of any stay of execution. Upon notice, the
Division of Motor Vehicles shall suspend any privilege the person
defaulting on payment may have to operate a motor vehicle in this
state, including any driver's license issued to the person by the Division of Motor Vehicles, until all costs, fines, fees,
forfeitures, restitution or penalties are paid in full. The
suspension shall be imposed in accordance with the provisions of
section six, article three, chapter seventeen-b of this code:
Provided further, That any suspension imposed hereunder shall
expire ten years following the date that the suspension was
imposed: And provided however further, That any person who has had
his or her license to operate a motor vehicle in this state
suspended pursuant to this subsection and his or her failure to pay
is based upon inability to pay, may, if he or she is employed on a
full or part-time basis, petition to the circuit court for an order
authorizing him or her to operate a motor vehicle solely for
employment purposes. Upon a showing satisfactory to the court of
inability to pay, employment and compliance with other applicable
motor vehicle laws, the court shall issue an order granting relief.
(2) In addition to the provisions of subdivision (1) of this
subsection, if any costs, fines, fees, forfeitures, restitution or
penalties imposed or ordered by the magistrate court for a hunting
violation described in chapter twenty of this code are not paid
within one hundred eighty days from the date of judgment and the
expiration of any stay of execution, the magistrate court clerk or,
upon a judgment rendered on appeal, the circuit clerk shall notify
the Director of the Division of Natural Resources of the failure to pay: Provided, That upon motion made by the obligor, and with good
cause shown concerning why the obligor has been unable to pay the
balance in full of all costs, fines, forfeitures, restitutions or
penalties in accordance with the original payment plan, the court
may, ain its discretion, extend the payment plan for an additional
one hundred and eighty days before notifying the Director of the
Division of Natural Resources of the failure to pay
.
Upon notice,
the Director of the Division of Natural Resources shall suspend any
privilege the person failing to appear or otherwise respond may
have to hunt in this state, including any hunting license issued to
the person by the Division of Natural Resources, until all the
costs, fines, fees, forfeitures, restitution or penalties are paid
in full.
(3) In addition to the provisions of subdivision (1) of this
subsection, if any costs, fines, fees, forfeitures, restitution or
penalties imposed or ordered by the magistrate court for a fishing
violation described in chapter twenty of this code are not paid
within one hundred eighty days from the date of judgment and the
expiration of any stay of execution, the magistrate court clerk or,
upon a judgment rendered on appeal, the circuit clerk shall notify
the Director of the Division of Natural Resources of the failure to
pay: Provided, That upon motion made by the obligor, and with good
cause shown concerning why the obligor has been unable to pay the balance in full of all costs, fines, forfeitures, restitutions or
penalties in accordance with the original payment plan, the court
may, in its discretion, extend the payment plan for an additional
one hundred and eighty days before notifying the Director of the
Division of Natural Resources of the failure to pay
.
Upon notice,
the Director of the Division of Natural Resources shall suspend any
privilege the person failing to appear or otherwise respond may
have to fish in this state, including any fishing license issued to
the person by the Division of Natural Resources, until all the
costs, fines, fees, forfeitures, restitution or penalties are paid
in full.
(d)(1) If a person charged with any criminal violation of this
code fails to appear or otherwise respond in court, the magistrate
court shall notify the Commissioner of the Division of Motor
Vehicles thereof within fifteen days of the scheduled date to
appear unless the person sooner appears or otherwise responds in
court to the satisfaction of the magistrate. Upon notice, the
Division of Motor Vehicles shall suspend any privilege the person
failing to appear or otherwise respond may have to operate a motor
vehicle in this state, including any driver's license issued to the
person by the Division of Motor Vehicles, until final judgment in
the case and, if a judgment of guilty, until all costs, fines,
fees, forfeitures, restitution or penalties imposed are paid in full. The suspension shall be imposed in accordance with the
provisions of section six, article three, chapter seventeen-b of
this code.
(2) In addition to the provisions of subdivision (1) of this
subsection, if a person charged with any hunting violation
described in chapter twenty of this code fails to appear or
otherwise respond in court, the magistrate court shall notify the
Director of the Division of Natural Resources of the failure
thereof within fifteen days of the scheduled date to appear unless
the person sooner appears or otherwise responds in court to the
satisfaction of the magistrate. Upon notice, the Director of the
Division of Natural Resources shall suspend any privilege the
person failing to appear or otherwise respond may have to hunt in
this state, including any hunting license issued to the person by
the Division of Natural Resources, until final judgment in the case
and, if a judgment of guilty, until all costs, fines, fees,
forfeitures, restitution or penalties imposed are paid in full.
(3) In addition to the provisions of subdivision (1) of this
subsection, if a person charged with any fishing violation
described in chapter twenty of this code fails to appear or
otherwise respond in court, the magistrate court shall notify the
Director of the Division of Natural Resources of the failure
thereof within fifteen days of the scheduled date to appear unless the person sooner appears or otherwise responds in court to the
satisfaction of the magistrate. Upon notice, the Director of the
Division of Natural Resources shall suspend any privilege the
person failing to appear or otherwise respond may have to fish in
this state, including any fishing license issued to the person by
the Division of Natural Resources, until final judgment in the case
and, if a judgment of guilty, until all costs, fines, fees,
forfeitures, restitution or penalties imposed are paid in full.
(e) In every criminal case which involves a misdemeanor
violation, a magistrate may order restitution where appropriate
when rendering judgment.
(f)(1) If all costs, fines, fees, forfeitures, restitution or
penalties imposed by a magistrate court and ordered to be paid are
not paid within one hundred eighty days from the date of judgment
and the expiration of any stay of execution, the clerk of the
magistrate court shall notify the prosecuting attorney of the
county of nonpayment and provide the prosecuting attorney with an
abstract of judgment. The prosecuting attorney shall file the
abstract of judgment in the office of the clerk of the county
commission in the county where the defendant was convicted and in
any county wherein the defendant resides or owns property. The
clerks of the county commissions shall record and index the
abstracts of judgment without charge or fee to the prosecuting attorney and when so recorded, the amount stated to be owing in the
abstract shall constitute a lien against all property of the
defendant.
(2) When all the costs, fines, fees, forfeitures, restitution
or penalties described in subdivision (1) of this subsection for
which an abstract of judgment has been recorded are paid in full,
the clerk of the magistrate court shall notify the prosecuting
attorney of the county of payment and provide the prosecuting
attorney with a release of judgment, prepared in accordance with
the provisions of section one, article twelve, chapter thirty-eight
of this code, for filing and recordation pursuant to the provisions
of this subdivision. Upon receipt from the clerk, the prosecuting
attorney shall file the release of judgment in the office of the
clerk of the county commission in each county where an abstract of
the judgment was recorded. The clerks of the county commissions
shall record and index the release of judgment without charge or
fee to the prosecuting attorney.
____________
(NOTE: The purpose of this bill is to give courts the
discretion to extend the period for payment of
costs, fines,
forfeitures, restitutions and/or penalties
before notifying the
Division of Motor Vehicles that an obligor's driver's licenses
should be suspended, and/or notifying the
Director of the Division
of Natural Resources
that an obligor's hunting and/or fishing
licenses should be suspended. The bill also limits the length of
drivers' license suspensions based solely on failure to pay
costs,
fines, forfeitures, restitutions and/or penalties
to ten years.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)