ENGROSSED
Senate Bill No. 150
(By Senators Wooton, Ball, Dittmar, Fanning, Hunter, Kessler,
McCabe, Mitchell, Oliverio, Redd, Ross, Snyder and McKenzie)
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[Originating in the Committee on the Judiciary;
reported January 15, 1999.]
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A BILL to amend and reenact section six, article two-a, chapter
seventeen-d of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to investigation by
duly authorized law-enforcement officer to include inquiry
regarding required security; duty of courts to notify division
of motor vehicles of person found not to have security; and
time limits.
Be it enacted by the Legislature of West Virginia:
That section six, article two-a, chapter seventeen-d of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 2A. SECURITY UPON MOTOR VEHICLES.
§17D-2A-6. Investigation by duly authorized law-enforcement
officer to include inquiry regarding required security; notice by officer or court to division of motor vehicles.
At the time of investigation of a motor vehicle offense or
accident in this state by the department of public safety or other
law-enforcement agency or when a vehicle is stopped by a law- enforcement officer for reasonable cause, the officer of such
agency making such investigation shall inquire of the operator of
any motor vehicle involved as to the existence upon such vehicle or
vehicles of the proof of insurance or other security required by
the provisions of this code and upon a finding by such law- enforcement agency, officer or agent thereof that the security
required by the provisions of this article is not in effect, as to
any vehicle, he or she shall notify the department of motor
vehicles of such finding within five days if no citation requiring
a court appearance is issued:
Provided, That such law-enforcement
officer or agent shall not stop vehicles solely to inquire as to
the certificate of insurance. A defendant, who is charged with a
traffic offense that requires an appearance in court, shall present
the court at the time of his or her appearance or subsequent
appearance with proof that the defendant had security at the time
of the traffic offenses as required by this article. If, as a result of the defendant's failure to show proof, the court
determines that the defendant has violated this article, it shall
notify the department of motor vehicles within five days. For
purposes of this section, presentation of a certificate of
insurance reflecting insurance to be in effect on the date in
question, shall constitute proof of surety.
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(NOTE: The purpose of this bill is to remove the requirement,
enacted in 1996, which requires a person who is the subject of a
traffic stop who is unable to show proof of insurance at the time
of the stop to obtain and present documentation from the insurance
company or agent thereof instead of simply showing the insurance
certificate.
This section is completely rewritten; therefore, strike- throughs and underscoring have been omitted.)
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