ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 76
(Senators Kessler, Yoder, Plymale, Foster and Unger, original sponsors)
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[Passed March 10, 2007; to take effect July 1, 2007.]
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AN ACT to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §49-5-13c, relating
to penalties for minors adjudicated delinquent for alcohol,
alcoholic liquor, or nonintoxicating beer consumption.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §49-5-13c, to read as
follows:
ARTICLE 5. JUVENILE PROCEEDINGS.
§49-5-13c. Graduated sanctions for juvenile alcohol consumption.
(a) Notwithstanding any provision of this article to the
contrary, in addition to any other penalty available to the court,
any child who is adjudicated to have consumed alcoholic liquor or
nonintoxicating beer as defined in section five, article one,
chapter sixty of this code, shall:
(1) Upon a first adjudication, he or she shall be ordered to perform community service for not more than eight hours or fined
not more than twenty-five dollars, or both.
(2) Upon a second adjudication, he or she shall be ordered to
perform community service for not more than sixteen hours or fined
not more than fifty dollars, or both.
(3) Upon a third or subsequent adjudication, he or she shall
be ordered to perform not more than twenty-four hours of community
service or fined not more than one hundred dollars, or both.
(b) In addition to the penalties set forth in subsection (a)
of this section and notwithstanding the provisions of subdivision
(4), subsection (c), section thirteen-b of this article, any child
adjudicated a second time for consumption of alcoholic liquor or
nonintoxicating beer shall have his or her license to operate a
motor vehicle suspended for a definite term of not less than five
nor more than ninety days. Any child adjudicated a third or
subsequent time for consumption of an alcoholic liquor or
nonintoxicating beer shall have his or her license to operate a
motor vehicle suspended until he or she attains the age of eighteen
years.