Senate Bill No. 133
(By Senators Burdette ,Mr. President, and Boley,
By Request of the Executive)
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[Introduced February 26, 1993; referred to the Committee
on the Judiciary.]
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A BILL to amend article three, chapter seventeen-b of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
twelve, relating to motor vehicles; mandatory suspension for
fraudulent use of driver license; and procedure.
Be it enacted by the Legislature of West Virginia:
That article three, chapter seventeen-b of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
twelve, to read as follows:
ARTICLE 3. CANCELLATION, SUSPENSION OR REVOCATION OF LICENSES.
§17B-3-12. Mandatory suspension for fraudulent use of driver
license.
(a) The commissioner shall suspend for a period of one year,
the driver license of any person upon receipt of a sworn
affidavit from any law-enforcement officer or employee of the
division of motor vehicles stating that such person did commitany one of the following acts:
(1) To display or cause or permit to be displayed or have in
his or her possession any canceled, revoked, suspended,
fictitious or fraudulently altered driver license;
(2) To lend his or her driver license to any other other
person or knowingly permit the use thereof by another;
(3) To display or represent as one's own any driver license
not issued to him or her;
(4) To use a false or fictitious name or birth date in any
application for a driver license or to knowingly make a false
statement or to knowingly conceal a material fact or to otherwise
commit a fraud in any such application;
(5) To permit any unlawful use of driver license issued to
him or her; or
(6) To do any act forbidden or fail to perform any act
required by this chapter.
(b) For the purposes of this section,"driver license" means
any permit, camera card, identification card or driver license
issued by this state to a person which authorizes the person to
drive a motor vehicle of a specific class or classes subject to
any restriction or endorsement contained thereon.
(c) No person shall have his or her driver license suspended
under any provision of this section unless he or she shall first
be given written notice of such suspension sent by certified
mail, at least twenty days prior to the effective date of such
suspension or revocation, and upon such person's written request,sent by certified mail, within ten days after receipt of the copy
of the order of suspension, he or she shall be afforded an
opportunity for a hearing thereupon as well as a stay of the
commissioner's order of suspension and an opportunity for
judicial review of such hearing. Upon affirmation of the
commissioner's order, the person shall surrender such suspended
driver license or have the license impounded in the manner set
forth and subject to the same fees as provided in section nine of
this article.
(d) Such suspended driver license shall be reinstated
following the period of suspension upon compliance with the
conditions set forth in this chapter.
NOTE: The purpose of this bill is to allow the commissioner
to suspend the driver's license of any person who fraudulently
alters a driver's license or makes any other type of false
statement or act related to applying for a driver's license or
using or altering another person's driver's license.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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