SB 515 Text

ENGROSSED
Senate Bill No. 515
(By Senators Wooton, Minard, Yoder, Holliday,
Dittmar, Claypole and Ross)

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[Originating in the Committee on the Judiciary;
reported February 23, 1994.]
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A BILL to amend article eleven, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section five, relating to alternative disposition of traffic offenses; educational offenses; prohibition against waiving fees; and requiring collected fees be transmitted to the appropriate agency.

Be it enacted by the Legislature of West Virginia:
That article eleven, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section five, to read as follows:

ARTICLE 11. POWERS AND DUTIES WITH RESPECT TO ORDINANCES AND ORDINANCE PROCEDURES.

§8-11-5. Prejudgment alternative disposition of certain traffic offenses.

(a) Municipal courts are hereby authorized to establish aprejudgment alternative disposition procedure for traffic offenses over which the court has jurisdiction.
(b) Under a prejudgment disposition procedure authorized by subsection (a) of this section, if a person is found guilty of a traffic offense the municipal court may, with the person's consent, withhold for a reasonable time not to exceed ninety days, the entry of a judgment of conviction so that the person may attend a driver safety education course designated by the municipal court. If the person attends said course, the municipal court shall, without entering a judgment of conviction, dismiss the proceeding against the person.
(c) It shall be a condition of any prejudgment alternative disposition authorized by the provisions of this section that the person pay any fine assessed by the court and pay all fees and costs required to be paid by any provision of this code where a person is convicted of a criminal traffic offense. Nothing in this section may be construed to limit the responsibility of the municipal court to collect such fees and costs as are required by any provision of this code and transmit the moneys collected as required by law.
(d) The procedure authorized by the provisions of this section shall not be available to any person convicted of driving under the influence of alcohol or drugs or vehicular homicide.

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