Bill Text: WV HB4837 | 2020 | Regular Session | Introduced
Bill Title: Eliminating the ability of a person's driver's license to be suspended for the failure to pay court fines and costs
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-02-11 - To House Judiciary [HB4837 Detail]
Download: West_Virginia-2020-HB4837-Introduced.html
WEST virginia legislature
2020 regular session
Introduced
House Bill 4837
By Delegates Canestraro, Hamrick, Kelly, D., Lovejoy, Miller, and Shott
[Introduced February 11,
2020; Referred to the Committee on the Judiciary]
A BILL to amend and reenact §8-10-2b of the Code of West Virginia, 1931 as amended; to amend and reenact §17B-3-3a of said code; to amend and reenact §17B-3-3c of said code; to amend and reenact §50-3-2a of said code; and to amend and reenact §62-4-17 of said code, all relating to eliminating the ability of a person’s driver’s license to be suspended for the failure to pay court fines and costs; authorizing circuit clerk to record a judgment lien for unpaid fines and costs.
Be it enacted by the Legislature of West Virginia:
CHAPTER 8. MUNICIPAL CORPORATIONS.
ARTICLE 10. POWERS AND DUTIES OF CERTAIN OFFICERS.
§8-10-2b. Suspension of
licenses for failure to pay fines and costs or failure to appear in
court; failure to pay fines will result in a judgment lien.
(a) If costs, fines,
forfeitures or penalties imposed by the municipal court upon conviction of a
person for a criminal offense as defined in §17B-3-3c of this code are not paid
in full within 180 days of the judgment, the municipal court clerk or, upon a judgment
rendered on appeal, the circuit clerk shall record a lien in the office of
the county clerk where the judgment was rendered. notify the Division
of Motor Vehicles of the failure to pay: Provided, That notwithstanding any
other provision of this code to the contrary, for residents of this state, the
municipal court shall wait at least ninety days from the date that all costs,
fines, forfeitures or penalties are due in full before notifying the Division
of Motor Vehicles thereof: Provided, however, That at the time the judgment is
imposed, the judge shall provide the person with written notice that failure to
pay the same as ordered may result in the withholding of any income tax refund
due the licensee and shall result in the suspension of the person's license or
privilege to operate a motor vehicle in this state and that the suspension
could result in the cancellation of, the failure to renew or the failure to
issue an automobile insurance policy providing coverage for the person or the
person's family: Provided further, That the failure of the judge to provide
notice does not affect the validity of any suspension of the person's license
or privilege to operate a motor vehicle in this state. For purposes of this
section, payment shall be stayed during any period an appeal from the
conviction which resulted in the imposition of costs, fines, forfeitures or
penalties is pending.
Upon notice, the
Division of Motor Vehicles shall suspend the person's driver's license or
privilege to operate a motor vehicle in this state until such time that the
costs, fines, forfeitures or penalties are paid.
(b) Notwithstanding the
provisions of this section to the contrary, the notice of the failure to pay
costs, fines, forfeitures or penalties may not be given where the municipal
court, upon application of the person upon whom the costs, fines, forfeitures
or penalties were imposed filed prior to the expiration of the period within
which these are required to be paid, enters an order finding that the person is
financially unable to pay all or a portion of the costs, fines, forfeitures or
penalties: Provided, That where the municipal court, upon finding that the
person is financially unable to pay a portion of the costs, fines, forfeitures
or penalties, requires the person to pay the remaining portion, the municipal
court shall notify the Division of Motor Vehicles of the person's failure to
pay if not paid within the period of time ordered by the court
(c) (b) If a
person charged with a criminal offense fails to appear or otherwise respond in
court, the municipal court clerk shall notify the Division of Motor Vehicles of
the failure to appear: Provided, That notwithstanding any other
provision of this code to the contrary, for residents of this state, the
municipal court clerk shall wait at least 90 days from the date of the person's
failure to appear or otherwise respond before notifying the Division of Motor
Vehicles thereof. Upon notice, the Division of Motor Vehicles shall suspend the
person's driver's license or privilege to operate a motor vehicle in this state
until such time that the person appears as required.
(d) On and after July 1,
2008, if the licensee fails to respond to the Division of Motor Vehicles order
of suspension within ninety days of receipt of the certified letter, the
municipal court of original jurisdiction shall notify the Tax Commissioner that
the licensee has failed to pay the costs, fines, forfeitures or penalties
assessed by the court or has failed to respond to the citation. The notice
provided by the municipal court to the Tax Commissioner must include the
licensee's Social Security number. The Tax Commissioner, or his or her
designee, shall withhold from any personal income tax refund due and owing to a
licensee the costs, fines, forfeitures or penalties due to the municipality,
the Tax Commissioner's administration fee for the withholding and any and all
fees that the municipal court would have collected had the licensee appeared:
Provided, That the Tax Commissioner's administration fee may not exceed $25:
Provided, however, That the Tax Commissioner may change this maximum amount
limitation for this fee for fiscal years beginning on or after July 1, 2008, by
legislative rule promulgated in accordance with the provisions of article
three, chapter twenty-nine-a of this code: Provided further, That the
administrative fees deducted shall be deposited in the special revolving fund
hereby created in the State Treasury, which shall be designated as the
Municipal Fines and Fees Collection Fund, and the Tax Commissioner shall make
such expenditures from the fund as he or she deems appropriate for the
administration of this subsection. After deduction of the Tax Commissioner's
administration fee, the Tax Commissioner shall remit to the municipality all
remaining amounts withheld pursuant to this section and the municipal court
shall distribute applicable costs, fines, forfeitures or penalties owed to the
municipality, the Regional Jail Authority Fund, the Crime Victims Compensation
Fund, the Community Corrections Fund, the Governor's subcommittee on
law-enforcement training or any other fund or payee that may be applicable.
After the costs, fines, forfeitures or penalties are withheld, the Tax
Commissioner shall refund any remaining balance due the licensee. If the refund
is not sufficient to cover all the costs, fines, forfeitures or penalties being
withheld pursuant to this section, the Tax Commissioner's administration fee
shall be retained by the Tax Commissioner and the remaining money withheld
shall be remitted by the Tax Commissioner to the municipality. The municipality
shall then allocate the money so remitted to the municipality in the following
manner: (1) Any costs, fines, forfeitures or penalties due to the municipality;
(2) seventy-five percent of the remaining balance shall be paid to the
appropriate Regional Jail Authority Fund; (3) fifteen percent of the remaining
balance shall be paid to the Crime Victims Compensation Fund; (4) six percent
of the remaining balance shall be paid into the Community Corrections Fund; and
(5) the final four percent shall be paid to the Governor's subcommittee on
law-enforcement training. When the costs, fines, forfeitures or penalties
exceed the licensee's income tax refund, the Tax Commissioner shall withhold
the remaining balance in subsequent years until such time as the costs, fines,
forfeitures or penalties owed are paid in full. The Tax Commissioner shall
remit the moneys that he or she collects to the appropriate municipality no
later than July 1, of each year. If the municipal court or the municipality
subsequently determines that any such costs, fines, forfeitures or penalties
were erroneously imposed, the municipality shall promptly notify the Tax
Commissioner. If the refunds have not been withheld and remitted, the Tax
Commissioner may not withhold and remit payment to the municipality and shall
so inform the municipality. If the refunds have already been withheld and
remitted to the municipality, the Tax Commissioner shall so inform the
municipality. In either event, all refunds for erroneously imposed costs,
fines, forfeitures or penalties shall be made by the municipality and not by
the Tax Commissioner.
(e) Rules and effective
date. –- The Tax Commissioner may promulgate such rules as may be useful or necessary
to carry out the purpose of this section and to implement the intent of the
Legislature, to be effective on July 1, 2008. Rules shall be promulgated in
accordance with the provisions of article three, chapter twenty-nine-a of this
code.
(f) On or before July 1,
2005, the municipal court may elect to reissue notice as provided in
subsections (a) and (c) of this section to the Division of Motor Vehicles for
persons who remain noncompliant: Provided, That the person was convicted or
failed to appear on or after January 1, 1993. If the original notification
cannot be located, the Division of Motor Vehicles shall accept an additional or
duplicate notice from the municipal court clerk
CHAPTER 17B. MOTOR VEHICLE DRIVER’S LICENSES.
ARTICLE 3. CANCELLATION, SUSPENSION OR REVOCATION OF LICENSES.
§17B-3-3a. Suspending license for failure to pay fines or penalties imposed by magistrate court or municipal court.
(a) The division shall suspend the license of any
resident of this state or the privilege of a nonresident to drive a motor
vehicle in this state upon receiving notice from a magistrate court or
municipal court of this state, pursuant to subsection (b), section two-a,
article three, chapter fifty of this code or subsection (b), section two-a,
article ten, chapter eight of this code, that such person has defaulted on the
payment of costs, fines, forfeitures or penalties which were imposed on the
person by the magistrate court or municipal court by judgment entered upon conviction
of any motor vehicle violation or that such person has failed to respond or
appear in court when charged with a motor vehicle violation.
(b) The magistrate court or municipal court shall
notify the division upon a default of payment as follows:
(1) For a resident of this state, after 180 days
following the date of judgment upon the conviction; or
(2) For a nonresident of this state, after eighty days
following the date of judgment upon the conviction
(c)(b) For the purposes of this section, §50-3-2a of this
code and §8-10-2a of this code, “motor vehicle violation” shall be defined as
any violation designated in chapters 17A, 17B, 17C, 17D, or 17E of this code or
the violation of any municipal ordinance relating to the operation of a motor
vehicle for which the violation thereof would result in a fine or penalty: Provided,
That any parking violation or other violation for which a citation may be
issued to an unattended vehicle shall not be considered a motor vehicle
violation for the purposes of this section, §50-3-2a of this code, or §8-10-2a
of this code.
§17B-3-3c. Suspending
license for failure to pay fines or penalties imposed as the result of
criminal conviction or for failure to appear in court.
(a) The division shall
suspend the license of any resident of this state or the privilege of a
nonresident to drive a motor vehicle in this state upon receiving notice from a
circuit court, magistrate court, or municipal court of this state, pursuant to §50-3-2b
§8-10-2b or §62-4-17 of this code, that the person has defaulted on the
payment of costs, fines, forfeitures, penalties, or restitution imposed on the
person by the circuit court, magistrate court, or municipal court upon
conviction for any criminal offense by the date the court had required the
person to pay the same, or that the person has failed to appear in court
when charged with an offense. For the purposes of this section, §50-3-2b
§8-10-2b or §62-4-17 of this code, “criminal offense” shall be defined as any violation
of the provisions of this code, or the violation of any municipal ordinance,
for which the violation of the offense may result in a fine, confinement in
jail, or imprisonment in a correctional facility of this state: Provided,
That any parking violation or other violation for which a citation may be
issued to an unattended vehicle shall not be considered a criminal offense for
the purposes of this section, §8-10-2b §50-3-2b or §62-4-17 of this
code.
(b) A copy of the order of
suspension shall be forwarded to the person by certified mail, return receipt
requested. No order of suspension becomes effective until 10 days after receipt
of a copy of the order. The order of suspension shall advise the person that
because of the receipt of notice of the failure to pay costs, fines,
forfeitures, or penalties, or the failure to appear, a presumption exists
that the person named in the order of suspension is the same person named in
the notice. The commissioner may grant an administrative hearing which substantially
complies with the requirements of the provisions §17C-5A-2 of this code upon a
preliminary showing that a possibility exists that the person named in the
notice of conviction is not the same person whose license is being suspended.
The request for hearing shall be made within 10 days after receipt of a copy of
the order of suspension. The sole purpose of this hearing shall be for the
person requesting the hearing to present evidence that he or she is not the
person named in the notice. In the event the commissioner grants an
administrative hearing, the commissioner shall stay the license suspension
pending the commissioner’s order resulting from the hearing.
(c) A suspension under this section and §17B-3-3a of this code will continue until the person provides proof of compliance from the municipal, magistrate, or circuit court and pays the reinstatement fee as provided in §17B-3-9 of this code. The reinstatement fee is assessed upon issuance of the order of suspension regardless of the effective date of suspension.
(d) Upon notice from an appropriate state official that the person is successfully participating in an approved treatment and job program as prescribed in §61-11-26a of this code and that the person is believed to be safe to drive, the Division of Motor Vehicles shall stay or supersede the imposition of any suspension under this section or §17B-3-3a of this code. The Division of Motor Vehicles shall waive the reinstatement fee established by the provisions §17B-3-9 upon receipt of proper documentation of the person’s successful completion of a program under §61-11-26a of this code and proof of compliance from the municipal, magistrate, or circuit court. The stay or supersedeas shall be removed by the Division of Motor Vehicles upon receipt of notice from an appropriate state official of a participant’s failure to complete or comply with the approved treatment and job program as established under §61-11-26a of this code.
Chapter 50. Magistrate Courts.
Article 3. Costs, Fines and Records.
§50-3-2a. Payment by credit card or payment plan; failure to pay fines results in a judgment lien; restitution; liens.
(a) A magistrate court may accept credit cards in payment of all costs, fines, fees, forfeitures, restitution or penalties in accordance with rules promulgated by the Supreme Court of Appeals. Any charges made by the credit company shall be paid by the person responsible for paying the cost, fine, forfeiture or penalty.
(b) Unless otherwise required by law, a magistrate court may collect a portion of any costs, fines, fees, forfeitures, restitution or penalties at the time the amount is imposed by the court so long as the court requires the balance to be paid in accordance with a payment plan which specifies: (1) The number of payments to be made; (2) the dates on which the payments are due; and (3) the amounts due for each payment. The written agreement represents the minimum payments and the last date those payments may be made. The obligor or the obligor's agent may accelerate the payment schedule at any time by paying any additional portion of any costs, fines, fees, forfeitures, restitution or penalties.
(c) (1) If costs, fines, forfeitures or penalties imposed by the magistrate court in a criminal case are not paid within 180 days from the date of the judgment and the expiration of any stay of execution, the magistrate court clerk or, upon judgment rendered on appeal, the circuit clerk shall record a lien in the office of the county clerk where the judgment was rendered.
If any costs, fines,
fees, forfeitures, restitution or penalties imposed by the in a criminal case
are not paid within one hundred eighty days from the date of judgment and the
expiration of any stay of execution, the magistrate court clerk or, upon
judgment rendered on appeal, the circuit clerk shall notify the Commissioner of
the Division of Motor Vehicles of the failure to pay: Provided, That in
a criminal case in which a nonresident of this state is convicted of a motor
vehicle violation defined in section three-a, article three, chapter
seventeen-b of this code, the appropriate clerk shall notify the Division of
Motor Vehicles of the failure to pay within eighty days from the date of
judgment and expiration of any stay of execution. Upon notice, the Division of
Motor Vehicles shall suspend any privilege the person defaulting on payment may
have to operate a motor vehicle in this state, including any driver's license
issued to the person by the Division of Motor Vehicles, until all costs, fines,
fees, forfeitures, restitution or penalties are paid in full. The suspension
shall be imposed in accordance with the provisions of section six, article
three, chapter seventeen-b of this code: Provided, That any person who
has had his or her license to operate a motor vehicle in this state suspended
pursuant to this subsection and his or her failure to pay is based upon
inability to pay, may, if he or she is employed on a full- or part-time basis,
petition to the circuit court for an order authorizing him or her to operate a
motor vehicle solely for employment purposes. Upon a showing satisfactory to
the court of inability to pay, employment and compliance with other applicable
motor vehicle laws, the court shall issue an order granting relief
(2) In addition to the provisions of subdivision (1) of this subsection, if any costs, fines, fees, forfeitures, restitution or penalties imposed or ordered by the magistrate court for a hunting violation described in chapter 20 of this code are not paid within 180 days from the date of judgment and the expiration of any stay of execution, the magistrate court clerk or, upon a judgment rendered on appeal, the circuit clerk shall notify the Director of the Division of Natural Resources of the failure to pay. Upon notice, the Director of the Division of Natural Resources shall suspend any privilege the person failing to appear or otherwise respond may have to hunt in this state, including any hunting license issued to the person by the Division of Natural Resources, until all the costs, fines, fees, forfeitures, restitution or penalties are paid in full.
(3) In addition to the provisions of subdivision (1) of this subsection, if any costs, fines, fees, forfeitures, restitution or penalties imposed or ordered by the magistrate court for a fishing violation described in chapter 20 of this code are not paid within 180 days from the date of judgment and the expiration of any stay of execution, the magistrate court clerk or, upon a judgment rendered on appeal, the circuit clerk shall notify the Director of the Division of Natural Resources of the failure to pay. Upon notice, the Director of the Division of Natural Resources shall suspend any privilege the person failing to appear or otherwise respond may have to fish in this state, including any fishing license issued to the person by the Division of Natural Resources, until all the costs, fines, fees, forfeitures, restitution or penalties are paid in full.
(d) (1) If a person charged with any criminal violation of this code fails to appear or otherwise respond in court, the magistrate court shall notify the Commissioner of the Division of Motor Vehicles thereof within 90 days of the scheduled date to appear unless the person sooner appears or otherwise responds in court to the satisfaction of the magistrate. Upon notice, the Division of Motor Vehicles shall suspend any privilege the person failing to appear or otherwise respond may have to operate a motor vehicle in this state, including any driver's license issued to the person by the Division of Motor Vehicles, until final judgment in the case and, if a judgment of guilty, until all costs, fines, fees, forfeitures, restitution or penalties imposed are paid in full. The suspension shall be imposed in accordance with the provisions of §17B-3-6 of this code.
(2) In addition to the provisions of subdivision (1) of this subsection, if a person charged with any hunting violation described in chapter 20 of this code fails to appear or otherwise respond in court, the magistrate court shall notify the Director of the Division of Natural Resources of the failure thereof within 15 days of the scheduled date to appear unless the person sooner appears or otherwise responds in court to the satisfaction of the magistrate. Upon notice, the Director of the Division of Natural Resources shall suspend any privilege the person failing to appear or otherwise respond may have to hunt in this state, including any hunting license issued to the person by the Division of Natural Resources, until final judgment in the case and, if a judgment of guilty, until all costs, fines, fees, forfeitures, restitution or penalties imposed are paid in full.
(3) In addition to the provisions of subdivision (1) of this subsection, if a person charged with any fishing violation described in chapter 20 of this code fails to appear or otherwise respond in court, the magistrate court shall notify the Director of the Division of Natural Resources of the failure thereof within 15 days of the scheduled date to appear unless the person sooner appears or otherwise responds in court to the satisfaction of the magistrate. Upon notice, the Director of the Division of Natural Resources shall suspend any privilege the person failing to appear or otherwise respond may have to fish in this state, including any fishing license issued to the person by the Division of Natural Resources, until final judgment in the case and, if a judgment of guilty, until all costs, fines, fees, forfeitures, restitution or penalties imposed are paid in full.
(e) In every criminal case which involves a misdemeanor violation, a magistrate may order restitution where appropriate when rendering judgment.
(f) (1) If all costs, fines, fees, forfeitures, restitution or penalties imposed by a magistrate court and ordered to be paid are not paid within 180 days from the date of judgment and the expiration of any stay of execution, the clerk of the magistrate court shall notify the prosecuting attorney of the county of nonpayment and provide the prosecuting attorney with an abstract of judgment. The prosecuting attorney shall file the abstract of judgment in the office of the clerk of the county commission in the county where the defendant was convicted and in any county wherein the defendant resides or owns property. The clerks of the county commissions shall record and index the abstracts of judgment without charge or fee to the prosecuting attorney and when so recorded, the amount stated to be owing in the abstract shall constitute a lien against all property of the defendant.
(2) When all the costs, fines, fees, forfeitures, restitution or penalties described in subdivision (1) of this subsection for which an abstract of judgment has been recorded are paid in full, the clerk of the magistrate court shall notify the prosecuting attorney of the county of payment and provide the prosecuting attorney with a release of judgment, prepared in accordance with the provisions of §38-12-1 of this code, for filing and recordation pursuant to the provisions of this subdivision. Upon receipt from the clerk, the prosecuting attorney shall file the release of judgment in the office of the clerk of the county commission in each county where an abstract of the judgment was recorded. The clerks of the county commissions shall record and index the release of judgment without charge or fee to the prosecuting attorney.
(g) Notwithstanding any provision of this code to the contrary, except as authorized by this section, payments of all costs, fines, fees, forfeitures, restitution or penalties imposed by the magistrate court in civil or criminal matters shall be made in full. Partial payments of costs, fines, fees, forfeitures, restitution or penalties made pursuant to this section shall be credited to amounts due in the following order:
(1) Regional Jail Fund;
(2) Worthless Check Payee;
(3) Restitution;
(4) Magistrate Court Fund;
(5) Worthless Check Fund;
(6) Per Diem Regional Jail Fee;
(7) Community Corrections Fund;
(8) Regional Jail Operational Fund;
(9) Law Enforcement Training Fund;
(10) Crime Victims Compensation Fund;
(11) Court Security Fund;
(12) Courthouse Improvement Fund;
(13) Litter Control Fund;
(14) Sheriff arrest fee;
(15) Teen Court Fund;
(16) Other costs, if any;
(17) Fine.
CHAPTER 62. CRIMINAL PROCEDURE.
ARTICLE 4. RECOVERY OF FINES IN CRIMINAL CASES.
§62-4-17. Suspension of
licenses for failure to pay fines and costs or failure to appear in court;
failure to pay fines will result in a judgment lien.
(a) If costs, fines,
forfeitures, penalties or restitution imposed by the circuit court upon
conviction of a person for any criminal offense under this code are not paid in
full when ordered to do so by the court, the circuit clerk shall notify the
Division of Motor Vehicles of such failure to pay: Provided, That at the
time the judgment is imposed, the court shall provide the person with written
notice that failure to pay the same when ordered to do so shall result in the
suspension of such person's license or privilege to operate a motor vehicle in
this state and that such suspension could result in the cancellation of, the
failure to renew or the failure to issue an automobile insurance policy providing
coverage for such person or such person's family: Provided, however,
That the failure of the court to provide such notice shall not affect the
validity of any suspension of such person's license or privilege to operate a
motor vehicle in this state. For purposes of this section, such period of time
within which the person is required to pay shall be stayed during any period an
appeal from the conviction which resulted in the imposition of such costs,
fines, forfeitures or penalties is pending record a lien in the office
of the county clerk where the judgment was rendered.
Upon such notice, the
Division of Motor Vehicles shall suspend the person's driver's license or
privilege to operate a motor vehicle in this state until such time that the
costs, fines, forfeitures or penalties are paid.
(b) Notwithstanding the
provisions of this section to the contrary, the notice of the failure to pay
such costs, fines, forfeitures or penalties shall not be given where the
circuit court, upon application of the person upon whom the same were imposed
filed prior to the expiration of the period within which the same are required
to be paid, enters an order finding that such person is financially unable to
pay all or a portion of the same: Provided, That where the circuit
court, upon finding that the person is financially unable to pay the full
amount thereof, requires the person to pay the remaining portion thereof, the
circuit clerk shall notify the Division of Motor Vehicles of such person's
failure to pay the same if the same is not paid within the period of time
ordered by such court
(c) (b) If a
person charged with a criminal offense fails to appear or otherwise respond in
court after having received notice to do so, the court shall notify the
Division of Motor Vehicles thereof within 15 days of the scheduled date to
appear unless such person sooner appears or otherwise responds in court to the
satisfaction of the court. Upon such notice, the Division of Motor Vehicles
shall suspend the person's driver's license or privilege to operate a motor
vehicle in this state until such time that the person appears as required.
NOTE: The purpose of this bill is to eliminate the ability of a person’s driver’s license to be suspended for the failure to pay court fines and costs and to authorize the circuit clerk to record a judgment lien for unpaid fines and costs.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
