H. B. 4099
(By Delegates Swartzmiller and Ennis)
[Introduced
January 21, 2004
; referred to the
Committee on Roads and Transportation then the Judiciary.]
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §17A-3-1b; and to
amend and reenact §17B-2-3 of said code, all relating to the
division of motor vehicles generally; requiring registered sex
offenders to be issued special driver's licenses and motor
vehicle registration plates that identify the holder or owner
as a registered sex offender; and providing misdemeanor
penalties for failure to comply with the special licensing
requirements.
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 §17A-3-1b; and that
§17B-2-3 of said code be amended and reenacted, all to read as
follows:
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION,
CERTIFICATE OF TITLE, AND ANTITHEFT PROVISIONS.
ARTICLE 1. WORDS AND PHRASES DEFINED.
§17A-3-1b. Registration of motor vehicles of convicted sex
offenders.
Any motor vehicle titled in the name of a person required to
be registered under the provisions of the sex offender registration
act found in article twelve, chapter fifteen of this code shall
display a special registration plate designed by the commissioner
to denote the owner as a convicted sex offender. At sentencing, if
an owner of a motor vehicle is required to register as a sex
offender pursuant to the provisions of article twelve, chapter
fifteen of this code, the court shall direct the person being
sentenced to remove his or her current registration plate and
report to the division of motor vehicles for issuance of a new
registration plate designed by the commissioner to denote the owner
as a convicted sex offender. On the effective date of this
section, the registration plate of an owner of a motor vehicle who
is registered under the provisions of the sex offender registration
act found in article twelve, chapter fifteen of this code expires
and the owner is required to report to the division of motor
vehicles for issuance of a new special registration plate designed
by the commissioner to denote the owner as a convicted sex offender. No person issued a special registration plate under the
provisions of this section may obstruct the view of the
registration plate or deface the registration plate to obscure the
special marking identifying the owner as a registered sex offender.
Any person failing to comply with the provisions of this
section is guilty of a misdemeanor and, upon conviction thereof,
shall be fined not less than fifty dollars nor more than five
hundred dollars or confined in the county or regional jail not more
than one year, or both fined and imprisoned.
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.
ARTICLE 2. ISSUANCE OF LICENSE, EXPIRATION AND RENEWAL.
§17B-2-3. What persons shall not be licensed; exceptions.
The division may not issue any license hereunder:
(1) To any person who is under the age of eighteen years:
Provided, That the division may issue a junior driver's license or
on or after the first day of January, two thousand one, a graduated
driver's license, to a person under the age of eighteen years in
accordance with the provisions of section three-a of this article;
(2) To any person, as a Class A, B, C or D driver, who is
under the age of eighteen years;
(3) To any person, whose license has been suspended or
revoked, during the suspension or revocation;
(4) To any person who is an habitual drunkard or is addicted to the use of narcotic drugs;
(5) To any person, who has previously been adjudged to be
afflicted with or suffering from any mental disability or disease
and who has not at the time of application been restored to
competency by judicial decree or released from a hospital for the
mentally incompetent upon the certificate of the superintendent of
the institution that the person is competent, and not then unless
the commissioner is satisfied that the person is competent to
operate a motor vehicle with a sufficient degree of care for the
safety of persons or property;
(6) To any person who is required by this chapter to take an
examination, unless the person has successfully passed the
examination;
(7) To any person when the commissioner has good cause to
believe that the operation of a motor vehicle on the highways by
the person would be inimical to public safety or welfare.
(8) To any person required to be registered as a sex offender
under the provisions of article twelve, chapter fifteen for the
period he or she is required to be registered, unless he or she
obtains a driver's license coded by the commissioner to denote the
licensee is a convicted sex offender as follows:
(A) At sentencing. -- If an applicant is required to register
as a sex offender after the effective date of this section, the
sentencing court shall take possession of his or her driver's license and shall direct the person to report to the division of
motor vehicles for a replacement driver's license coded by the
commissioner to denote the licensee is a convicted sex offender.
The sentencing court shall forward to the division all licenses
that it receives, along with a copy of the sentencing order.
(B) Current convicted sex offenders. -- If a holder or an
applicant is required to register as a sex offender prior to the
effective date of this section, he or she shall surrender his or
her driver's license to the division of motor vehicles for a
replacement driver's license coded by the commissioner to denote
the licensee is a convicted sex offender.
The division of motor vehicles may charge a fee of five
dollars for replacement licenses. Upon showing proof that a
person is no longer required to register as a sex offender, the
division of motor vehicles shall issue a driver's license without
the sex offender code printed upon the license at no charge. No
person issued a special operator's license under the provisions of
this section may alter or deface the license to obscure the special
marking identifying the owner as a registered sex offender.
Any person failing to comply with the provisions of this
subsection is guilty of a misdemeanor and, upon conviction
thereof, shall be fined not less than fifty dollars nor more than
five hundred dollars or confined in the county or regional jail not
more than one year, or both fined and imprisoned.
NOTE: The purpose of this bill is to require registered sex
offenders to be issued special driver's licenses and motor vehicle
registration plates that identify the holder or owner as a
registered sex offender. The bill also provides misdemeanor
penalties for failure to comply with the special licensing
requirements.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§17A-3-1b
is new; therefore, strike-throughs and underscoring
have been omitted.
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