SB 130 — Relating to procedure for driver's license suspension and revocation for DUI

SB130 HFAHFAT #1 Shott 3-4 Reese  7892   Delegate Shott moved to amend the bill on page thirteen, section two-a, lines one through seven, by striking out allthe oftitle subsection (a) and insertingsubstituting intherefor lieu thereof a new subsectiontitle, (a), to read as follows:

§17C‑5‑2a.Eng.

DefinitionSenate ofBill phraseNo. “in this state”;

phrases130-A synonymousBILL withto drivingamend underand reenact §17C‑5‑2, §17C‑5‑2a, §17C‑5‑2b, §17C‑5‑4, §17C‑5‑7, and §17C‑5‑12 of the influenceCode of alcohol;West Virginia, 1931, as amended;

validationto ofamend warrantssaid andcode indictments.by adding thereto a new section, designated §17C‑5‑7a;

(a)to Foramend purposesand ofreenact this§17C‑5A‑1, article§17C‑5A‑1a, and §17C-5A-1§17C‑5A‑3 etof seq.said code;

of this code, the phrase “in this state” shall mean anywhere within the physical boundaries of this state, including, but not limited to, publicly maintained streets and highways, and subdivision streets or other areas not publicly maintained but nonetheless open to theamend usesaid ofcode theby publicadding forthereto purposes of vehicular travel, but as used in §17C‑5‑2(e), §17C‑5‑2(f), §17C‑5‑2(g), §17C‑5‑2(h), §17C‑5‑2(i), §17C‑5‑2(j), and §17C‑5‑2(k) of this code, the term does not mean or include driving or operating a vehiclenew solelysection, anddesignated exclusively§17C‑5A‑2b; on one’s own property in an area not open to the use of the public for purposes of vehicular travel.

 and  to  amend Adoptedsaid Rejectedcode by adding thereto a new section, designated §17C‑5C‑1a, all relating generally to offenses involving operating a motor vehicle while under the influence of alcohol, controlled substances, or drugs and the administrative process for revocation or suspension of a person’s license to operate a motor vehicle based on such offenses;

defining terms;

transferring authority for hearing certain matters related to revocations or suspensions of licenses from the Office of Administrative Hearings to the courts;

establishing mandatory license revocation or suspension periods for individuals convicted of certain offenses;

authorizing alternate revocation or suspension periods conditioned upon participation in Motor Vehicle Alcohol Test and Lock Program for certain offenses;

establishing mandatory license revocation or suspension periods for individuals upon second and subsequent convictions for certain offenses;

clarifying what constitutes a second or subsequent offense for purposes of criminal penalties and license revocations and suspensions;

clarifying that certain offenses involving driving under the influence take place only when the operator is upon a public highway or private road;

clarifying the term “in this state” for purposes of enforcement of certain serious traffic crimes;

requiring the Commissioner of the Division of Motor Vehicles to revoke a person’s license upon conviction of certain offenses or for refusal to submit to a secondary chemical test in certain circumstances;

requiring individuals whose licenses have been revoked or suspended upon conviction of certain offenses to complete the comprehensive safety and treatment program before the license can be reinstated;

requiring driver consent to participation in Motor Vehicle Alcohol Test and Lock Program;

requiring deferral program for certain first offenses to be completed within one year;

prohibiting a secondary test of blood without consent absent issuance of a search warrant;

requiring that a person arrested for driving under the influence be provided with certain verbal and written warnings prior to submitting to a secondary chemical test;

requiring an officer to 15 minutes before a refusal to submit to a secondary chemical test is considered final;

requiring that, following an individual’s refusal to submit to a secondary chemical test, an arresting officer submit a sworn statement containing certain information to Commissioner of the Division of Motor Vehicles and the court;

providing for a hearing before the court to contest a documented refusal to submit to a secondary chemical test;

providing minimum license revocation periods for refusal to submit to a secondary chemical test;

directing the Bureau for Public Health to make reports and recommendations on the levels of drugs and controlled substances to be used as evidence in certain criminal proceedings;

limiting the administrative jurisdiction of Division of Motor Vehicles and Office of Administrative Hearings to offenses occurring on or before June 30, 2020;

eliminating all statutory provisions authorizing or requiring the Commissioner of the Division of Motor Vehicles to take administrative action upon an individual’s license on the basis of driving under the influence or refusal to submit to a secondary test absent direction from court;

requiring the Commissioner of the Division of Motor Vehicles to provide certain records to the court following a person’s arrest;

providing a procedure to correct a license revocation or suspension based on mistaken driver identity;

providing that a plea of no contest constitutes a conviction;

requiring the clerk of the court to transmit a copy of an order related to revoking or suspending a person’s license to the Division of Motor Vehicles;

directing that a copy of a license revocation or suspension order to be sent to the person whose license is being revoked or suspended by certified mail;

providing that revocation for refusal to submit to secondary chemical test run concurrently with other revocation or suspension imposed as a result of an offense that led to the arrest;

making persons convicted of driving under the influence eligible for participation in comprehensive safety and treatment program and related reductions in length of revocation for successful completion thereof;

requiring the Office of Administrative Hearings to dispose of all matters pending before it by a certain date;

establishing a timeline for jurisdiction of matters currently filed in the Office of Administrative Hearings to transfer to the courts;

requiring that matters related to license suspension or revocation for driving under the influence, pending before the Office of Administrative Hearings on its termination, be dismissed;

requiring that matters not related to license suspension or revocation for driving under the influence, pending before the Office of Administrative Hearings on its termination, be transferred to a circuit court according to certain procedures;