West Virginia State Police Legal Services
2000 Legislative Update
Laws Passed that Affect Law Enforcement
Prepared by:
Captain Stephen W. Cogar, Esq.
&
Christy Talbert
The following information represents both synopsis and full-text of laws passed during the 2000 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 http://www.legis.state.wv.us/Code/toc.html in the future or by calling Legislative Services at 304.347.4800.
W. Va. Code §61-2-12: Robbery or attempted robbery.
This section was amended to include the use of temporarily disabling substances or devices, including disabling chemical substances and electronic shock devices as a means of second degree robbery.
Effective Date: June 4, 2000
W. Va. Code §61-7-6: Exceptions as to prohibitions against carrying concealed deadly weapons.
This amended section adds probation officers to the list of officials exempt from prohibitions against carrying deadly weapons.
Effective Date: May 22,2000
W. Va. Code §61-3-39a: Making, issuing, etc., worthless checks; penalty.
This section was amended to increase the fines for making a worthless check. For a first and second offense, the fine is to be not more than $200.00. A third or subsequent conviction is to result in a fine of not more than $200.00, or confinement for not more than 10 days, or both.
Effective Date: June 9, 2000
W. Va. Code §61-3-39m: Creation and operation of a program for worthless check offenders; acceptance of person in program.
W. Va. Code §1-3-39n: Notice to persons accepted to the worthless check restitution program.
W. Va. Code §61-3-39o: Agreement to suspend prosecution of a person accepted into the restitution program.
W. Va. Code §61-3-39p: Fees for participation in the worthless check restitution program.
W. Va. Code §61-3-39q: Statements by individuals referred to or participating in the worthless check restitution program.
These new sections create the Worthless Check Restitution Program, which serves as an alternative to prosecution.
Effective Date: June 9, 2000
W. Va. Code §37-13A-1: Access of certain persons to cemeteries and graves located on private land.
Those persons to be granted access are family members, close friends and descendants of those buried there, any cemetery plot owner, or any persons conducting genealogy research. Use of motor vehicles is restricted roads or other adequate rights-of-way. No criminal penalties are provided, however, a landowner may seek injunctive relief through the circuit court. Related sections include:
W. Va. Code §37-13A-2: Purposes for which access is allowed.
W. Va. Code §37-13A-3: Conduct of persons accessing cemeteries or grave sites; persons liable for damage.
W. Va. Code §37-13A-4: Limiting the use of motor vehicles on private lands.
W. Va. Code §37-13A-5: Cause of action for injunctive relief.
W. Va. Code §37-13A-6: Application of article.
Effective Date: June 8, 2000
W. Va. Code §61-11-18: Punishment for second or third offense of felony.
If a person is sentenced on a second or third offense felony, and the sentence to be imposed is for a definite term of years, 5 years is to be added to the time of confinement. When an indeterminate sentence is imposed, the minimum term shall be doubled. Previously convicted murderers face an automatic life sentence without parole.
Effective Date: June 8, 2000
W. Va. Code §16-9A-2: Sale or gift of cigarette, cigarette paper, pipe, cigar, snuff, or chewing tobacco to persons under eighteen; penalties for first and subsequent offense.
This section was amended to increase the penalties for a firm or individual selling tobacco or tobacco related products to minors. Any firm convicted of selling tobacco or tobacco related products or any individual convicted of selling tobacco related products shall be fined $25.00 for the first offense. Upon any subsequent violation, they shall be fined $100.00-$200.00 for the second offense, if it occurs within 2 years of the first conviction; $250.00-$500.00 for the third offense, if it occurs within 2 years of the first conviction; $250.00-$500.00 for the fourth offense, if it occurs within 5 years of the first conviction; and $100.00-$5000.00 for the fifth and subsequent offenses, if they occur within 5 years of the first conviction.
Any individual convicted for selling tobacco to a minor shall be fined not more than $100.00 for the first offense. The fine for a second or subsequent offense shall be $100.00-$500.00.
Effective Date: July 1, 2000
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W. Va. Code §16-9A-3: Use or possession of tobacco or tobacco products by persons under the age of eighteen years; penalties.
This amended section increases the penalties for minors. The first conviction will result in a fine of $25.00 and 8 hours of community service. A second violation will result in 16 hours of community service and a $50.00 fine. For the third and each subsequent violation, the person must serve 24 hours of community service and be fined $100.00.
Effective Date: July 1, 2000
W. Va. Code §48-2A-2: Definitions.
This section was amended to add and refine certain terms for purposes of domestic or family violence proceedings. The term "family or household members" is now defined as persons who : 1) are or were married to each other 2) are or were living together as spouses 3) are or were sexual or intimate partners (4) are or were dating: provided, that a casual acquaintance or ordinary fraternization between persons in a business or social context does not establish a dating relationship (5) are or were residing together in the same household (6) are or were related by marriage or related by consanguinity (blood relation) within the second degree (7) have a child in common, regardless of whether they have ever married or lived together, or (8) are the father, stepfather, mother ,stepmother, brother or sister of a family or household member described in subdivisions one through seven of this subsection (the previous 7 above).
Effective Date: June 9, 2000
W. Va. Code Chapter 48C: Uniform Child Custody Jurisdiction and Enforcement Act
This new section adopts the Uniform Child Custody and Jurisdiction Enforcement Act. Under the Act, police officers become involved in enforcing its provisions only after a warrant has been issued by a court directing that a child be taken into physical custody. This is a civil proceeding intended to ensure that children subject to a custody dispute are protected from physical harm or removal from the state.
Effective Date: May 18, 2000
W. Va .Code 61-8A-2: Distribution and display to minor of obscene matter.
This amended section makes it a felony for any adult to display or distribute obscene matter to a minor. The penalty is a fine or not more than $25,00.00 or confinement for not more than 5 years, or both. For a second and each subsequent offense, the fine shall be not more than $50,000.00 or confinement for not more than 10 years, or both
W. Va .Code 61-8A-4: Use of obscene matter with intent to seduce minor.
This amended section makes it a felony for any adult to display or distribute obscene matter with the intent to seduce. The penalty is a fine or not more than $25,000.00 or confinement for not more than 5 years, or both.
Effective Date: June 8, 2000
W. Va. Code §61-8A-5; Employment or use of minor to produce obscene matter or assist in doing sexually explicit conduct; penalties.
If convicted of this felonious act, a person is to be fined not more than $50,000.00 or confined for not more than 10 years, or both.
Effective Date: June 8, 2000
W. Va. Code §61-3c-7: Alteration, destruction, etc., of computer equipment.
This amended section sets forth the misdemeanor and felony offenses for alteration and/or destruction of computer equipment. It is a misdemeanor to tamper with, delete, alter, damage or destroy any computer, computer network, software, resources, program or data, involving a loss of less than one-thousand dollars, or to attempt to do so. The penalty upon conviction is a fine up to one-thousand dollars and/or up to six months in jail. When the loss of computer services exceeds one-thousand dollars, the crime is a felony punishable by a fine of two-hundred to ten-thousand dollars and/or up to ten years in prison. The court also has the discretion to impose the same fine with a mandatory jail sentence not to exceed one year.
Effective Date: June 6, 2000
W.Va. Code §61-7-7: Persons Prohibited from Possessing Firearms; Classifications; Reinstatement of Rights to Possess; Offenses; Penalties.
This section was amended to prohibit persons who have been the subject of domestic violence protective orders alleging a credible threat by the respondent, imminent threat of harm to the petitioner by the respondent, and which specifically prohibits the use of physical force against the petitioner, from possessing a firearm.
Effective Date: June 8, 2000
W.Va. Code §25-1-11c: Unauthorized Use of Uniform, Badge, Identification Card or Other Insignia; Impersonation of Member; and Penalty.
This new section creates the misdemeanor offense of impersonating a correctional officer by the wearing of a uniform, badge, identification card or other insignia. The penalty upon conviction is a fine of no more than two-hundred dollars and/or up to six months in jail.
Effective Date: May 9, 2000
W.Va. Code §17C-6-1: Speed Limitations Generally; Penalty.
This section was amended to exclude owners or drivers who have a Commercial Driver's License from the provision that allows anyone convicted of driving ten miles per hour or less above the speed limit from having an abstract of judgment sent to the Division of Motor Vehicles.
Effective Date: June 8, 2000
The following three sections were amended to include Probation Officers.
W.Va. Code §61-2-106: Malicious Assault; Unlawful Assault; Battery and Recidivism of Battery; Assault on Police Officers, Conservation Officers, Probation Officers, Humane Officers, Emergency Medical Service Personnel, Firefighters, Fire Marshal, and County or State Correctional Employees; Penalties.
W.Va. Code §61-5-10: Persons in Custody of Institutions or Officers.
W.Va. Code §61-5-17: Obstructing Officer; Fleeing from officer; Fleeing from Officer in a Vehicle; Penalties; Definitions.
Effective Date: June 7, 2000
W.Va. Code §17C-5-4: Implied Consent to Test; Administration at Direction of Type of Test, Definition of Law Enforcement Officer.
This section has been amended to allow for DUI cases to proceed when an arresting officer lacks training in the administration of any secondary chemical test. When this occurs, any other law enforcement officer who has received such training may administer the test.
Effective Date: June 9, 2000
W. Va. Code §17C-5A-2: Hearing; Revocation; Review.
The amended section increases the time period from 10 to 30 days in which a person may request in writing a hearing relating to the revocation or suspension of their license for driving under the influence of alcohol, controlled substances, or drugs. Also, the hearing shall be held within 180 days, instead of 20 days, after the date upon which the Commissioner received the written request.
Effective Date: June 9, 2000
W.Va. Code §61-3-55: Failure to Pay for Gasoline.
Under this new section, a second conviction for larceny of gasoline shall result in the suspension of the person's license for six months. A third or subsequent offense shall result in the suspension of the license for one year.
When there is a second or subsequent offense, the clerk of the court is to transmit an abstract of judgment to the Division of Motor Vehicles within seventy-two hours of the conviction.
Effective Date: June 9, 2000
The following amended sections are related to the Sex Offender Registration Act.
W.Va. Code §15-2C-2: Central Abuse Registry; Required Information; Procedures.
W.Va. Code §15-12-1a: Intent and Findings.
W.Va. Code §15-12-2: Registration.
W.Va. Code §15-12-2a: Court Determination of Sexually Violent Predator.
W.Va. Code §15-12-3: Change in Registry Information.
W.Va. Code §15-12-4: Duration.
W.Va. Code §15-12-5: Distribution and Disclosure of Information; Community Information Programs by Prosecuting Attorney and State Police; Petition to Circuit Court.
W.Va. Code §15-12-8: Failure to Register or Provide Notice of Registration Changes; Penalty.
W.Va. Code §15-12-9 Registration of Out-of-State Offenders.
These sections were amended to declare a reduced expectation of privacy for sex offenders; to include persons convicted of certain attempted offenses and persons found not guilty by reason of mental illness, mental retardation, or addiction with registration requirements; to add required registration information from sex offenders; to require the Department of Health and Human Resources to obtain information; and to add persons found not guilty by reason of mental illness, mental retardation, or addiction. They were amended to also add entities that receive information on sex offenders; to provide that failure to provide notice of changes in registration information constitutes a criminal offense; to require notice to certain offenders; to increase penalties for certain offenders who fail to provide information; to require registration of out-of-state persons who visit this state and who have been convicted of an offense similar to an offense requiring registration in this state or in the state of residence; and to require registration of certain offenders moving to this state.
Effective Date: June 9, 2000
W.Va. Code §61-11-25: Expungement of Criminal Records for Those Found Not Guilty of Crimes or Against Whom Charges Have Been Dismissed.
This new section allows any person who has been charged with a criminal offense and found not guilty or against whom charges have been dismissed to make a motion to expunge all records relating to the arrest. However, this excludes any person who has previously been convicted of a felony.
Effective Date: June 9, 2000
W.Va. Code §17B-2-1: Drivers Must be Licensed; Types of Licenses; Licenses Need Not Obtain Local Government License; Motorcycle Driver License; Identification Cards.
This amended section requires the Commissioner to implement color-coded licenses by age groups by January 1, 2001. It also allows for the Graduated Driver License Program.
Effective Date: June 9, 2000
W.Va. Code §62-11A-1a: Other Sentencing Alternatives.
This amended section adds a day-reporting center as a sentencing alternative. Persons would be required to report to the day-reporting center for alcohol or drug testing or other medical testing where such monitoring is required on a regular basis.
Effective Date: June 9, 2000
W.Va. Code §61-8-28: Criminal Invasion of Privacy; Penalties.
This new section makes it a misdemeanor for anyone to visually portray another person without their knowledge while that person is fully or partially nude and in a place where a person would have a reasonable expectation of privacy. The penalty upon conviction is confinement for not more than one year, or fined not more than $5,000, or both.
Also, any person who displays or distributes images taken as stated above is guilty of a misdemeanor. The penalties are also the same as above. A second or subsequent violation of either crime is a felony punishable by confinement for 1 - 5 years or a fine of not more than $10,000, or both.
Effective Date: June 9, 2000
W.Va. Code §15-2-5: Career Progression System; Salaries; Exclusion from Wage and Hour Law, With Supplemental Payment; Bond; Leave Time for Members Called to Duty in Guard or Reserves.
This amended section provides a $756 salary increase for members of the West Virginia State Police.
Effective Date: June 17, 2000
W.Va. Code §31-24-2: Blocking of Crossing Prohibited; Time Limit.
This section was amended in order to create a new subsection. This requires the railroad to immediately clear a crossing upon receiving notification from a law enforcement officer, member of a Fire Department, operator of an emergency medical vehicle, or a member of an emergency services provider that an emergency situation exists.
Effective Date: June 9, 2000
W.Va. Code §31-2A-6: Fines and Penalties.
This amended section increases and creates new penalties for railroad companies who are convicted of blocking traffic over railroad crossings.
Effective Date: June 9, 2000
W.Va. Code §9A-4 et al: Veterans Employment Training Priority.
This new Article requires all federal and state funded employment and training programs offered within West Virginia to adopt a written policy providing priority of service to veterans of the United States military over other individuals seeking employment and training services.
Effective Date: June 7, 2000
W.Va. Code §55-16-1: Civil Remedy for Making, Drawing, Issuing, Uttering, or Delivery of Worthless Check, Draft or Order.
This new Article establishes a civil remedy for drawing, making, uttering, issuing, or delivery of a worthless check, draft, or other written order. It also provides for the recovery of damages, requires a written demand, establishes affirmative defenses, and limits criminal prosecutions.
Effective Date: June 9, 2000
W.Va. Code §49-5-2: Juvenile Jurisdiction of Circuit Courts, Magistrate Courts and Municipal Courts; Constitutional Guarantees; Hearing; Evidence and Transcripts.
This amended section provides concurrent juvenile jurisdiction of circuit courts, magistrate courts, and municipal courts for violation of laws prohibiting public intoxication, unlawful drinking, possession or sale of alcoholic liquor, beverages or nonintoxicating beer in a public place or illegal possession of alcoholic liquor.
Effective Date: June 9, 2000
W.Va. Code §7-14-17c: Deputy Sheriffs Who are Required to Work During Holidays; How Compensated.
This newly added section requires that a deputy sheriff be paid at a rate not less than one and one-half times his/her regular pay or allowed equal time-off if the deputy sheriff is required to work during a legal holiday as specified in §2-2-1, or if a legal holiday falls on his/her regular scheduled day-off.
Effective Date: June 9, 2000
W.Va. Code §50-1-14: Duties of Sheriff; Service of Process; Bailiff.
The amended section allows sheriffs to authorize persons who were previously certified law enforcement officers to carry deadly weapons in the duties of service of process for magistrate courts. However, these officers must maintain yearly weapons qualifications, and they must be bonded through the sheriff's office.
Effective Date: June 9, 2000
W.Va. Code §16-9A-8: Selling of Tobacco Products in Vending Machines Prohibited Except in Certain Places.
This new section makes it a misdemeanor to sell any cigarette or other tobacco product in a vending machine. However, an establishment is exempt from this prohibition if anyone under the age of 18 is not permitted to be in the establishment, or if the establishment is licensed by the Alcohol Beverage Control Commissioner as a Class A licensee.
Effective Date: June 7, 2000
W.Va. Code §64-6-1: Division of Corrections.
This section authorizes the Division of Corrections to promulgate a legislative rule relating to the monitoring of inmate mail.
Effective Date: June 7, 2000
W.Va. Code §61-6-2: State Police.
This section authorizes the State Police to promulgate a legislative rule relating to the West Virginia State Police Career Progression System.
Effective Date: June 7, 2000
W.Va. Code §49-6E et al: Emergency Possession of Certain Abandoned Children.
This new Article requires a hospital or health care facility, without a court order, to take possession of a child if it is voluntarily delivered to the hospital or health care facility by the child's parent within 30 days of the child's birth, and the parent did not express an intent to return for the child.
Effective Date: June 9, 2000
W.Va. Code §60A-4-406: Distribution to Persons Under the Age of Eighteen by Persons Over the Age of Twenty-One; Distribution by Persons Eighteen or Over In or On, or Within One Thousand Feet of School or College; Increasing Mandatory Period of Incarceration Prior to Parole Eligibility.
This amended section increases the length of incarceration for persons convicted of selling drugs to minors or within 1000 feet of a school by making them ineligible for parole for a longer period of time.
Effective Date: June 9, 2000
W.Va. Code §17B-2-5a: Training, Certification and Monitoring of License Examiners.
This amended section requires applicants seeking employment as license examiners with the Division of Motor Vehicles to submit to a criminal background check.
Effective Date: June 9, 2000
W.Va. Code §47-19-8: Sale of Drug Paraphernalia at Certain Events or Outdoors Prohibited.
The section was amended to include the prohibition of selling drug paraphernalia outdoors. The fine upon conviction for this misdemeanor is $10 - $500.
Effective Date: June 9, 2000
W.Va. Code §5-10-17: Retirement System Membership.
The amended section allows persons who retired under the Deputy Sheriff Retirement System to become a member of the Public Employee's Retirement System without receiving credit for prior service in the Deputy Sheriff Retirement System.
Effective Date: July 1, 2000
W.Va. Code §51-10A et al: Bail Bond Enforcers.
This new Article sets forth the definitions of a "Bail Bondsman" and a "Bail Bond Enforcer". It requires that all Bail Bond Enforcers be registered with the West Virginia State Police. The Article also requires a filing of authorization to act by Bail Bondsmen, authorizes the Superintendent of the State Police to enforce registration and set fees, and creates the "Bail Bond Enforcers Account" in the State Treasury. It also sets forth the effect of authorization, prohibited conduct, unauthorized acts, and the criminal and civil penalties.
Effective Date: June 9, 2000
W.Va. Code §17A-7-1: Operation of Vehicles by Financial Institution or Wrecker Under Special Stickers; Application and Fees; Expiration.
The amended section includes those in the business of repossessing motor vehicles among those who are eligible for one-trip registration permits.
Effective Date: June 9, 2000
W.Va. Code §28-5-1: Relating to Keeping Male and Female Convicts Separate and Providing for Infants Born in the Penitentiary.
Repealed
Effective Date: June 4, 2000
W.Va. Code §15-2B-6: Blood Sample Required for DNA Analysis Upon Conviction; Blood Sample Required for Certain Prisoners.
This section was amended to require blood samples be taken from persons convicted of certain additional offenses. The additional offenses are not to be retroactive, and are to take effect from July 1, 2000.
Effective Date: July 1, 2000
W.Va. Code §29-22A-7: License and Permit Qualifications; Individual Qualifications; Applicant Required to Furnish Information; Waiver of Liability; Oath or Affirmation; Duty to Provide Accurate and Material Information.
The amended section relates to racetrack video lottery. It requires all new applicants (the Commission may also require those seeking renewal) to furnish fingerprints for a National Criminal Records check by the Criminal Investigation Bureau of the West Virginia State Police and the F.B.I.
Effective Date: June 7, 2000
W.Va. Code §61-8B-10: Imposition of Sexual Intercourse or Sexual Intrusion on Incarcerated Persons; Penalties.
This new section creates the felony criminal offenses of engaging in sexual intercourse or intrusion by persons employed at Correctional institutions with a person who is incarcerated. It is also a felony for supervisory probation or Parole Officers to do the same with a person whom they are supervising.
Effective Date: June 8, 2000
W.Va. Code §49-5-13d: Teen Court Program.
This amended section gives counties the option to institute the program. The program allows any juvenile alleged to have committed either a misdemeanor or a status offense to opt for adjudication without a formal juvenile petition being filed. It also removes the requirement that the program be administered by the Governor's Committee on Crime, Delinquency, and Correction, eliminates continuing legal education credit for participation in the program, and it allows teenagers to act as jurors in the program.
Effective Date: June 8, 2000
W.Va. Code §62-8-1: Offenses by Inmates; Conspiracy.
The amended section changes the language to include all persons injured or killed in a Correctional facility by an inmate.
Effective Date: June 9, 2000
W.Va. Code §25-1-14: Electronic Monitoring of Offenders; Special Account.
The section was amended to permit the use of electronic monitoring equipment to aid in the supervision of any offender, not just an inmate. It also revises restrictions on the types of equipment that may be used.
Effective Date: June 6, 2000
W.Va. Code §61-3A-4a: Criminal Offenses Involving Theft Detection Shielding Devices; Detention.
The new section creates criminal offenses involving theft detection shielding devices and theft detection device removers used by merchants to prevent and detect shoplifting. A theft detection device is defined as any tag or other device that is used to prevent or detect theft and that is attached to merchandise held for resale by a merchant or to property of a merchant. A theft detection device removed is defined as any tool or device specifically designed or manufactured to be used to remove any theft detection device from merchandise held for resale by a merchant or property of a merchant. A theft detection shielding device means any laminated or coated bag or device designed to shield merchandise held for resale by a merchant or property of a merchant from being detected by an electronic or magnetic theft alarm sensor.
A person commits unlawful distribution of a theft detection shielding device when he or she knowingly manufactures, sells, offers to sale or distribute any theft detection shielding device. A person commits unlawful possession of a theft detection shielding device when he or she knowingly possesses any theft detection shielding device with the intent to commit theft or retail theft. A person commits unlawful possession of a theft detection shielding device remover when he or she knowingly possesses any theft detection device remover with the intent to use such tool to remove any theft detection device from any merchandise without the permission of the merchant or such person owning or holding said merchandise. A person commits unlawful use of a theft detection shielding device or a theft detection shielding remover when he or she uses or attempts to use either device while committing a violation of the shoplifting laws. The penalties upon conviction for these misdemeanor offenses are thirty days to one year and/or fines of two-hundred and fifty dollars to one-thousand dollars.
A person commits unlawful removal of a theft detection device when he or she intentionally removes any theft detection device by the use of manual force or by any tool or device, which is not specifically designed or manufactured to remove theft detection devices, from merchandise prior to purchase. The penalty for this misdemeanor offense upon conviction is one-hundred to five-hundred dollars and/or up to sixty days in jail.
Effective Date: June 9, 2000
W.Va. Code §61-7-4: License to Carry Deadly Weapons; How Obtained.
The section was amended to limit licenses to pistols and revolvers. It changed the age requirement for obtaining a concealed weapon license from 18 to 21 with exceptions. Also, it requires sheriffs to provide a duplicate license, and it requires sheriffs to issue permits within a specified time period upon qualification.
Effective Date: May 15, 2000
The following sections of the Code were amended.
W.Va. Code §17B-2-1: Drivers Must be Licensed; Types of Licenses; Licensees Need not Obtain Local Government License; Motorcycle Driver License; Identification Cards; Penalty.
W.Va. Code §17B-2-1a: Surrender of License from Other State or Jurisdiction Prior to Receipt of License from This State; Examination; Fees Required.
W.Va. Code §17B-2-2: Persons Exempt from License.
W.Va. Code §17B-2-3: What Persons Shall Not Be Licenses; Exceptions.
W.Va. Code §17B-2-3a: Junior Driver's License and Graduated Driver's License.
W.Va. Code §17B-2-5: Qualifications, Issuance and Fee for Instruction Permits.
W.Va. Code §17B-2-6: Application for License or Instruction Permit; Fee to Accompany Application.
W.Va. Code §17B-2-7: Examination of Applicants.
W.Va. Code §17B-2-7b: Separate Examination and Endorsement for a License Valid for Operation of Motorcycle.
W.Va. Code §17B-2-8: Issuance and Contents of Licenses; Fees.
W.Va. Code §17B-2-11: Duplicate Permits and Licenses.
W.Va. Code §17B-2-12: Expiration of Licenses; Renewal; Renewal Fee.
W.Va. Code §18-6-5: Establishment and Maintenance of Driver Education Course; Who May Enroll; Exemption From Learner's Permit Required.
W.Va. Code §18-6-8: Driver Education Course to be Made Available to all Secondary School Pupils Prior to Their Graduation; Exemption; Application by Pupil for Unrestricted Operator's License.
The above sections were amended in order to implement the Graduated Driver's License Program [GDLP] for persons under the age of 18, to update sections relating to time frames for new residents to obtain a driver's license, to establish a minimum 30 day instruction period prior to the skills test for adults previously unlicenced, and to revise driver license reciprocity provisions to reflect reciprocal agreements with other states and countries.
The GDLP provides for the following types of driver's licenses:
Level One Instruction Permit:
-Must be 15
-Good for 14 months
-Revoked on second conviction for moving violation
-Drive only while supervised by someone 21 or older or driver education teacher
-Only two passengers unless family
-Drive between hours of five a.m. and eleven p.m.
-Occupants must use safety belts
-No measurable alcohol
-Current school enrollment
Level Two Intermediate Driver's License:
-Must be 16
-Drive between hours of five a.m. and eleven p.m., except when going to or returning from lawful employment, school sanctioned activity, or religious event or in an emergency situation to prevent bodily injury or death
-Occupants must use safety belts
-No more than three passengers under the age of 19, unless family
-No measurable alcohol
-Current school enrollment
-Revoked on second conviction for moving violation
Level Three, Full Class E License:
-Must be at least 17
-Held Level Two license for 12 months
-Or turns 18
Effective Date: June 7, 2000
Article 19 Anatomical Gift Act
W. Va. Code §16-19-5(f) & (g) & (i): Information regarding anatomical donation; requests for anatomical gifts; search and notification.
The following persons shall make a reasonable search for a document of gift or other information identifying the bearer as a donor or an individual who has refused to make an anatomical gift (1) a law enforcement officer, fireman, paramedic or other emergency rescuer finding an individual who the searcher believes is dead or near death. If a law enforcement officer, fireman, paramedic or other emergency rescuer finds a document of gift or evidence of refusal to make an anatomical gift by the search required by subsection (f) of this section, he or she shall notify the hospital where the individual or body is taken of the contents and send the document or other evidence to the hospital. Any person who fails to discharge the duties imposed by this section is not subject to criminal or civil liability, but is subject to appropriate administrative sanctions.
The Center for Organ Recovery & Education is the organization responsible for coordinating anatomical gifts and organ recovery for transplant purposes. They can be contacted at 1-800-DONORS-7.
Effective Date: June 9, 2000