1999 Legislative Update
Laws Passed that Affect Law Enforcement
Prepared by:
First Sergeant Stephen W. Cogar, Esq.
The following information represents both synopsis
and full-text of laws passed during the 1999 session of the West Virginia
Legislature. This document does not purport to contain all laws affecting
law enforcement. This information was taken from enrolled bills obtained
from the Legislature. You should consult the Acts of the Legislature and/or
the enrolled bills in order to obtain full-texts of the laws. This information
may be available at www.legis.state.wv.us/Code/toc.html
in the future or by calling Legislative Services at 304.347.4800.
The law now authorizes a financial institution to disclose or produce
financial records upon being served with a subpoena issued under authority
of a grand jury without notice or service upon the financial institution's
customer. The records must be presented to the grand jury and maintained
under seal.
Effective date: June 10, 1999.
The section was amended to raise motorboat registration fees beginning
April 1, 2000. All boats with engines of three horsepower or greater are
required to register for three year periods with the Division of Motor
Vehicles. The increases are as follows: Class A motorboats less than 16
feet in length - $30; Class 1 motorboats 16 feet to 26 feet - $45; Class
2 motorboats 26 to 45 feet - $60; and Class 3 motorboats 40 feet or over
- $75. The amended section also requires that boaters age 15 and over have
a motorboat safety course certificate before they can operate either a
motorboat or a personal watercraft. The certificate must be presented on
demand to a law enforcement officer. The following persons are exempt from
the West Virginia certification requirements:
2. A person who is visiting the state for 90 days or less in a motorboat
or personal watercraft from a country other than the United States.
This new law prohibits sending unsolicited bulk electronic mail messages,
or any other electronic mail message with the intent to defraud residents
of West Virginia. It also prohibits e-mail messages from containing false
information, from concealing the identity of the sender, and from containing
sexually explicit material. In addition, the new law prohibits selling
or distributing software that enables the sending of bulk e-mail. The law
provides only civil penalties - no criminal penalties.
Effective date: June 11, 1999.
This new law makes it a felony for any person who circumcises, excises
or infibulates (which is defined as the sewing together of the labia),
in whole or in part, the labia majora, labia minora or clitoris of a female
under the age of eighteen, or any parent, guardian or custodian of a female
under the age of eighteen who allows the circumcision, in whole or in part,
of such female's labia majora, labia minora or clitoris. The penalty is
imprisonment for 2 to 10 years and/or a fine of up to $5,000.
Effective date: May 24, 1999.
This new law permits certain persons who have received full and unconditional
pardons from the governor to petition the circuit court in the county where
the conviction took place to have their criminal record expunged of the
charge subject to the pardon. Further, a person is not eligible to file
the petition until 2 years after the pardon is granted and the record cannot
be expunged until 20 years has passed since the person's sentence was discharged
by the court. Finally, persons convicted of murder, treason or kidnaping
cannot petition for expungement even it they receive a pardon.
Effective date: May 26, 1999.
This section was amended to enhance the penalty associated with a conviction for leaving the scene of a crash where death is involved from a misdemeanor to a felony punishable by up to 3 years in prison and/or a fine up to $5,000. The penalty for leaving the scene involving personal injury was amended and now provides for up to 1 year in jail and/or up to a $1,000 fine.
Effective date: June 9, 1999.
This section was amended to provide enhanced penalties for assault or
battery against employees of urban mass transportation systems.
Effective date: June 6, 1999.
This section was amended to create two new crimes.
Important definitions associated with the new laws are as follows:
This new law creates four crimes:
Effective date: June 11, 1999.
This section was amended to remove the mandatory jail sentence for first
offense driving while revoked or suspended. This does not apply to those
persons driving while revoked or suspended for driving under the influence
of alcohol or controlled substances.
Effective date: March 13, 1999.
This new law states that a person who wears or is otherwise equipped
with body armor while committing a felony offense, an element of which
is force, physical harm to another or the use or presentment of a firearm
or other deadly weapon, is guilty of a felony punishable by 2 to 10 years
in prison and/or up to a $10,000 fine.
Effective date: June 10, 1999.
This section was amended to establish two tiers of speeding in a construction
zone with different penalties. The law now provides that if a person is
convicted of exceeding the speed limit by less than 15 mph, he or she is
subject to a fine not to exceed $200. If a person is convicted of exceeding
the speed limit by 15 mph or more, he or she is subject to a fine not to
exceed $200 and/or up to 20 days in jail.
Effective date: March 1, 1999.
This section was amended to change the penalty for 3rd offense
speeding (if the two previous offenses occurred in the preceding 2 years)
to a fine of up to $500 and/or up to a 6 month jail sentence only if the
3rd offense involves speeding 15 mph or more over the posted
speed limit.
Effective date: March 1, 1999.
W. Va. Code §17A-3-1: Misdemeanor to violate provisions
of article, penalty. (Relating to original and renewal of registration;
issuance of certificates of title)
W. Va. Code §17A-9-2: Operation of vehicles without evidences
of registration; use of temporary facsimile; penalty.
W. Va. Code §17B-2-1: Drivers must be licensed; types
of license; licensees need not obtain local government license; motorcycle
license; identification cards; penalty.
W. Va. Code §17B-2-9: License to be carried and exhibited
on demand; penalty.
W. Va. Code §17C-3-4: Obedience to traffic-control devices;
official signs to be in proper position, etc; penalty.
W. Va. Code §17C-3-6: Pedestrian walk and wait signals;
penalty.
W. Va. Code §17C-6-5: Special speed limitations; penalty.
W. Va. Code §17C-7-1: Driving on right side of roadway;
exceptions; penalty.
W. Va. Code §17C-7-2: Passing vehicles in opposite directions;
penalty.
W. Va. Code §17C-7-3: Overtaking and passing vehicle
proceeding in same direction - Passing on the left generally; penalty.
W. Va. Code §17C-7-5: Same - limitations on overtaking
on the left; penalty.
W. Va. Code §17C-7-6: Same - limitations on driving to
left of center of roadway; penalty.
W. Va. Code §17C-7-7: Same - No passing zones; penalty.
W. Va. Code §17C-7-8: One-way roadways and rotary traffic
islands; penalty.
W. Va. Code §17C-7-9: Driving on roadways laned for traffic;
penalty.
W. Va. Code §17C-7-11: Driving on divided highways; penalty.
W. Va. Code §17C-7-12: Controlled-access roadway - Driving
onto or from; penalty.
W. Va. Code §17C-8-2: Right turns; penalty.
W. Va. Code §17C-8-3: Left turns on two-way roadways;
penalty.
W. Va. Code §17C-8-4: Left turns on other than two-way
roadways; penalty.
W. Va. Code §17C-8-6: Turning on curve or crest of grade
prohibited; penalty.
W. Va. Code §17C-8-8: Turning movements and required
signals; penalty.
W. Va. Code §17C-9-6: Misdemeanor to violate provisions
of article; penalty. (Relating to Right-of-Way laws).
W. Va. Code §17C-10-7: Penalty for pedestrians violating
the provisions of this article. (Relating to Pedestrians' Rights and Duties).
W. Va. Code §17C-12-6: Stopping before emerging from
alley or private driveway; penalty.
W. Va. Code §17C-13-1: Stopping, standing or parking
outside of business or residence districts; penalty.
W. Va. Code §17C-13-3: Stopping, standing or parking
prohibited in specified places; penalty.
W. Va. Code §17C-13-4: Right and left parallel parking;
angle parking; highway signs restricting parking, etc.; penalty.
W. Va. Code §17C-14-1: Unattended motor vehicle; penalty.
W. Va. Code §17C-14-2: Limitations on backing; penalty.
W. Va. Code §17C-14-4: Obstruction of driver's view or
driving mechanism; penalty.
W. Va. Code §17C-14-5: Passengers in seat with operator;
penalty.
W. Va. Code § 17C-14-6: Passengers on running board;
penalty.
W. Va. Code §17C-14-7: Driving on mountain highways;
penalty.
W. Va. Code §17C-14-8: Coasting prohibited; penalty.
W. Va. Code §17C-14-9: Following authorized emergency
vehicles; penalty.
W. Va. Code §17C-14-10: Crossing fire hose; penalty.
W. Va. Code §17C-14-13: Vehicle parked on private property;
penalty.
W. Va. Code §17C-15-6: Penalty for violations of provisions
of this article. (Relating to Vehicle Equipment).
W. Va. Code §17C-15-36a: Sun screening devices; penalty.
W. Va. Code §17D-2A-4: Certificate of insurance.
W. Va. Code §17D-2A-9: Criminal penalty. (Relating to
Security Upon Motor Vehicles).
W. Va. Code §20-2-31: Size and form of license and tag;
contents; unlawful to alter license or permits; penalty.
W. Va. Code §20-7-26: Unlawful disposal of litter; civil
and criminal penalty; litter control fund; evidence; notice violations;
litter receptacle placement; penalty; duty to enforce violations.
W. Va. Code §60-6-9: Intoxication or drinking in public
places; illegal possession of alcoholic liquor; arrests by sheriffs or
their deputies for violation in their presence; penalty.
W. Va. Code §61-3-39a: Making, issuing, etc.,
worthless checks; penalty.
Effective date: March 1, 1999.
This section was amended to create the offense of taking a person hostage
which is a felony punishable by life in prison. Further, the law now states
that if a person is returned unharmed without ransom being paid, the penalty
is 10 to 30 years in prison. If the person is returned unharmed after ransom
has been paid, the penalty is 20 to 50 years in prison. Finally, the law
creates a child concealment offense as follows:
Notwithstanding any other provision of this section, if a violation
of this section is committed by a family member of a minor abducted or
held hostage and he or she is not motivated by monetary purposes, but rather
intends to conceal, take, remove the child or refuse to return the child
to his or her lawful guardian in the belief, mistaken or not, that it is
in the child's interest to do so, he or she shall be guilty of a felony
and, upon conviction thereof, be confined in a correctional facility for
not less than one or more than five years or fined not more than one thousand
dollars, or both.
Effective date: June 11, 1999.
This section was amended to create an offense in situations where a
false bomb report leads to personal injury of any person. The new crime
is a felony punishable by 1 to 5 years in prison and/or a fine up to $10,000.
Effective date: June 11, 1999.
This law was amended to provide for misdemeanor charges of assault or
battery against school employees when the attack was in retaliation for
some supervisory or disciplinary action. Assault carries a penalty of 5
days to 6 months in jail and/or a fine of $50 to $100. Battery carries
a penalty of 10 days to 1 year in jail and/or a fine of $100 to $500.
Effective date: June 10, 1999.
This section was amended to authorize magistrates to sentence persons
convicted of crimes of violence to home confinement if the victim and the
person so sentenced do not reside in the same home.
Effective date: June 10, 1999.
The Act was amended to move it from Chapter 61 to Chapter 15 as well
as to provide clarification in a variety of areas. The Act now requires
persons convicted of criminal offenses with sexual motivation to register
and provide certain personal information and information about the crime(s)
that they committed. A specific list of crimes that are considered to be
sexually violent for purposes of determining the length of the registration
was added. Finally, new categories for lifetime registrants were added.
Effective date: June 11, 1999.
This section was amended to enhance the penalties for 2nd
and 3rd offenses. 2nd Offense: felony - 1 to 3 years
and/or up to $3,000 fine, or 1 year in jail. 3rd and Subsequent
Offenses: felony - 1 to 3 years and/or up to a $5,000 fine, with no jail
time permitted.
Effective date: June 11, 1999.
This section was amended to enhance the penalty associated with 2nd
and subsequent offenses. These offenses are now felonies punishable by
1 to 3 years in prison and a fine not to exceed 3 times the value of the
timber.
Effective date: June 13, 1998.
This section was amended to allow the Director of the Division of Natural
Resources to issue West Virginia residents lifetime hunting, fishing, and
trapping licenses to be used in lieu of the equivalent annual license.
Full-time nonresident students who attend an in-state college or university
are not eligible to purchase any of the lifetime licenses.
Effective date: March 13, 1999.
This section was amended to make it a crime to sell the organs and feet
of legally killed bears.
Effective date: June 10, 1999.
This section was amended to rename campus security officers as "campus
police officers."
Effective date: March 13, 1999
This new section allows campus police officers to receive crime reports
and disseminate them to the public in certain instances.
Effective date: March 13, 1999.
W. Va. Code §30-29-5: Certification requirements.
These sections were amended to include campus police officers in the
definition of the "law enforcement officer" and to provide for certification
and training.
Effective date: March 13, 1999.
This section was amended to permit campus police officers to enforce
laws under the Uniform Controlled Substances Act.
Effective date: March 13, 1999.
This new law regulates funeral processions and has the following provisions:
This new section prohibits the use of electronic surveillance devices
by employers to monitor areas assigned for employees' comfort as well as
restrooms, dressing rooms, and locker rooms. 1st Offense: misdemeanor
- up to $500 fine. 2nd Offense: misdemeanor - up to a $1,000
fine. 3rd and subsequent offenses: misdemeanor - up to a $2,000
fine.
Effective date: June 11, 1999.
A new section was added to this law requiring all law enforcement agencies
to immediately open an investigation when a missing person who has Alzheimer's
disease or related dementia is reported as missing.
Effective date: June 8, 1999.
This section was amended to allow corrections officials to monitor,
intercept, record, and disclose to law enforcement agencies the substance
of inmate telephone calls. Correction's officials are required to provide
one non-monitored telephone for inmate conversations with their attorney.
Effective date: May 30, 1999.
This new section allows corrections officials to monitor, open, review,
copy, and disclose inmate mail to law enforcement agencies. Mail between
an inmate and his or her attorney is exempt from monitoring.
Effective date: May 30, 1999.
This new section creates a crime for any person employed by the Division
of Corrections or any person working at a correctional facility to engage
in consensual sexual intercourse or sexual intrusion with a person who
is incarcerated. The penalties for this misdemeanor offense, which applies
to inmates as well, are up to 1 year in jail and/or up to a $500 fine.
Effective date: June 11, 1999.
This law was amended to require pre-employment drug screening for prospective
correctional employees.
Effective date: June 11, 1999.
This new section allows correctional employees to carry weapons while
on-duty only once they have been trained to do so. Also, the law describes
the powers of correctional peace officers which include the enforcement
of correctional rules, the power to detain persons who commit crimes on
corrections property, the power to conduct investigations, pursue and apprehend
escapees as well as the power to execute criminal process on persons in
the custody of corrections or who surrender at a correctional facility.
Effective date: June 11, 1999.
This section was amended to allow landlords to seize and store any abandoned
personal property left by a tenant who fails to pay their rent after giving
the tenant 30 days notice.
Effective date: June 19, 1999.
This section was amended to prohibit a county commission from restricting
the right of any person to purchase, possess, transfer, own, carry, transport,
sell or store any revolver, pistol, rifle or shotgun or any ammunition
or ammunition components to be used therewith nor to so regulate the keeping
of gunpowder so as to, directly or indirectly, prohibit the ownership of
ammunition.
Effective date: June 1, 1999.
This section prohibits a municipality or the governing body of a municipality
from restricting the right of any person to purchase, possess, transfer,
own, carry, transport, sell or store any revolver, pistol, rifle or shotgun
or any ammunition or ammunition components to be used therewith nor to
so regulate the keeping of gunpowder so as to, directly or indirectly,
prohibit the ownership of ammunition.
Effective date: June 1, 1999.
This section was amended to permit the Superintendent of the State Police
to temporarily appoint 17 supervisors holding the ranks of Captain, Major
or Lieutenant Colonel.
Effective date: March 12, 1999.
The section was amended to allow a magistrate to accept a valid insurance
certificate as proof that insurance was in effect. The law previously required
current documentation from the driver's insurance company such as a correspondence.
Effective date: February 18, 1999.
This section was amended to require persons who are assigned a new address
by the United States Postal Service or other duly constituted authority
to notify the Division of Motor Vehicles of their old and new addresses
as well as the registration and title number of their vehicle at least
10 days prior to the last date on which their mail will be delivered to
the old address. Also, there is no longer any jail penalty associated with
a violation of this law.
Effective date: June 7, 1999.
This section was amended to require persons who are assigned a new address
by the United States Postal Service or other duly constituted authority
to notify the Division of Motor Vehicles of their old and new addresses
as well as their driver's license number at least 20 days prior to the
last date on which their mail will be delivered to the old address. Also,
there is no longer any jail penalty associated with a violation of this
law.
Effective date: June 7, 1999.
This section was amended to authorize the Commissioner of Motor Vehicles
to enter into reciprocal agreements with other nations in order to recognize
foreign driver's licenses and vehicle registrations as valid in West Virginia.
Effective date: June 11, 1999.
This new section defines a "passenger van" as any van or other motor
vehicle owned by any agency, business or other legal entity and operated
for the purpose of transportation of children under the age of eighteen
years, other than a van utilized for private use, taxicab, bus or school
bus. Passenger vans include, but are not limited to, vehicles used by day
care centers, after-school centers and nursery schools.
W. Va. Code §17C-12-7a: Signs and warning lights
or alternative warning devices upon passenger vans; passing a passenger
van; criminal penalties.
This new section creates several requirements for the operation of passenger
vans as described above. These vans are required to have plainly visible
signs on the front and rear warning "Caution: Loading and Unloading Passengers"
in letters not less than 6 inches in height. Further, they are required
to have flashing warning lights as described in §17C-12-8, or a red
caution flag which the driver or some other adult must use by exiting the
passenger van and displaying while assisting in the loading and unloading
of passengers. Passenger vans may also be equipped with a strobe light
meeting the requirements of §17C-15-26. Other drivers approaching
passenger vans loading and unloading passengers must stop as they do for
school buses if the lights are flashing or if the flagman is present. Violations
are misdemeanors punishable by a fine of $50 to $200 and/or a jail sentence
of not more than 6 months. If the identity of the driver is unknown, the
owner or lessee is guilty of a misdemeanor punishable by a fine of $25
to $100.
Effective date: June 8, 1999.
This section has been amended to raise from $250 to $500 the amount
of damage required for a driver to report a traffic crash to the police.
Effective date: June 9, 1999.
This section was amended to raise the maximum gross weight for farm
trucks from 64,000 lbs. to 80,000 lbs.
W. Va. Code §17A-10-3: Registration fees for vehicles
equipped with pneumatic tires.
This section was amended to provide a $250 registration fee for farm
trucks weighing 80,000 lbs.
Effective date: June 11, 1999.
This section was amended to allow the Commissioner of Highways to issue
a special overweight permit for containerized freight trucks used to transport
containers shipped by sea.
Effective date: June 11, 1999.
This section was amended to define the term "violation of an out-of-service
order" as either the operation of a commercial motor vehicle during the
period the driver was placed out-of-service or the operation of a commercial
motor vehicle by a driver after the vehicle was placed out-of-service and
before the required repairs are made.
Effective date: June 11, 1999.
This section was amended to require the Commissioner of Motor Vehicles
to suspend for a period of 90 days the driving privileges of any person
who is convicted of operating a commercial motor vehicle without holding
a valid commercial driver's license and applicable endorsements for the
vehicle he or she is driving.
Effective date: June 11, 1999.
This section was amended to provide that a conviction for violating
an out-of-service order is a disqualifying offense. For the first offense
the disqualification would be for a period of 90 days, for the second offense
within a 10 year period disqualification would be for a period of 1 year,
and for third and subsequent offenses within a 10 year period, the disqualification
would for a period of 3 years. If the violation occurred while the person
was transporting hazardous materials or while operating a vehicle designed
to transport 16 or more persons, then the period for first offense would
be 180 days and for second and subsequent offenses occurring within a 10
year period, disqualification would be for 3 years.
Effective date: June 11, 1999.
This section was amended to remove the criminal penalties associated
with driving with a measurable amount of alcohol.
Effective date: June 11, 1999.
This section was amended to remove the privilege tax for businesses
who own rental vehicles.
Effective date: June 11, 1999.
This section was amended to allow the Commissioner to issue vehicle
titles electronically.
Effective date: June 11, 1999.
This new section allows the Division of Motor Vehicles to authorize
motor vehicle dealers to transfer license plates from one vehicle to another.
Effective date: June 11, 1999.
This section was amended to allow the Division of Motor Vehicles to
issue a new certificate of title upon receiving electronic acknowledgment
that a lien has been released.
Effective date: June 11, 1999.
This section was amended to allow the Division of Motor Vehicles to
deliver certificates of titles bearing liens or encumbrances electronically.
Effective date: June 11, 1999.
This new section allows the Division of Motor Vehicles to electronically
transmit a lien to the first lienholder on a certificate of title and to
receive subsequent liens electronically. It also provides that no hard
copy of a certificate of title will be issued when an electronic lien exists.
Effective date: June 11, 1999.
This section was amended to allow for the release of liens and encumbrances
electronically.
Effective date: June 11, 1999.
This new section authorizes the Division of Motor Vehicles to allow
motor vehicle dealers to issue and transfer registration electronically
or otherwise on vehicles sold by them.
Effective date: June 11, 1999.
This section was amended to allow white strobe lights on vehicles belonging
to any organization that receives funding from federal or state transit
administrations for the purpose of providing general transportation or
for hauling solid waste.
Effective date: June 11, 1999.
This section was amended to allow the Commissioner of Motor Vehicles
to change the expiration date of a person's driver's license to that person's
birthday. The age that a person may obtain a non-operator identification
card has been lowered from age 16 to age 2.
Effective date: June 11, 1999.
This new section requires a county commission to authorize a sheriff
to award a retiring deputy his or her service pistol upon determining that
the deputy is retiring honorably with at least 20 years of service or if
the deputy is retiring with less than 20 years of service due to being
totally physically disabled.
Effective date: June 9, 1999.
This new section states that in any circumstance involving an accident
or alleged violation of law in which an engineer or any other crew member
of any train is detained by any law enforcement officer, the engineer and
all crew members are not required to furnish a driver's license issued
by the Division of Motor Vehicles. They are required, however, to produce
photo identification issued by the railroad employer or any other state
or federal authority.
Effective date: June 11, 1999.
This new law creates a special fund known as the "Law-Enforcement, Safety
and Emergency Worker Funeral Expense Payment Fund" from which funeral expenses
up to $8,000 may be paid for police officers, firefighters, correctional
officers, and emergency medical services personnel who are killed while
performing their official duties.
Effective date: June 11, 1999.
This section was amended to allow motor vehicle dealers to use dealer plates on one pick-up truck or van designated as a parts truck used exclusively to transport parts for the dealership.