ENROLLED
Senate Bill No. 515
(By Senators Wooton, Minard, Yoder, Holliday,
Dittmar, Claypole and Ross)
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[Passed March 11, 1994; in effect ninety days from passage.]
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AN ACT 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 creating an alternative prejudgment disposition
procedure for traffic offenses in municipal courts;
conditions of alternative disposition; preemptive
provisions; and offenses for which alternative disposition
is not available.
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, if satisfied with the person's participation in
the course, 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. No municipal
court shall utilize any prejudgment alternative disposition
procedure unless it collects such fees and costs as are required
by any provision of this code and transmits the moneys collected
as required by law. No municipal court shall utilize any
prejudgment alternative disposition procedure unless it conforms
with the requirements of this section.
(d) The procedure authorized by the provisions of this
section shall not be available to any person arrested for driving
under the influence of alcohol or drugs or any other offense for
which a mandatory period of confinement in jail is required.
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