Bill Text: WV HCR92 | 2019 | Regular Session | Introduced
Bill Title: Impact study of current sentencing, fines, and punishments for driving under the influence of controlled substances
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2019-03-05 - To House Judiciary [HCR92 Detail]
Download: West_Virginia-2019-HCR92-Introduced.html
HOUSE CONCURRENT RESOLUTION 92
(By Delegates Boggs, Sponaugle, Butler, Hartman, Hill, Hardy, Caputo, Barrett)
[Introduced March 5, 2019]
Requesting the Joint Committee on Government and Finance to study the impacts of current sentencing, fines, and punishments for driving under the influence of controlled substances and appropriate means of restoring driving privileges after a program of recovery.
Whereas, The crippling drug epidemic that has descended on this state has multifaceted impacts including causing thousands of state resident drivers to have their license suspended for driving while under the influence of controlled substances, with no way to allow them after recovery to regain limited driving privileges similar to those who lost their license due to alcohol consumption; and
Whereas, Technology has not advanced enough to create alternatives such as driver interlock systems or other protocols used after conviction of driving under the influence of alcohol to benefit both the driver and ensure the safety of other civilians; and
Whereas, Revoking the license of a West Virginian convicted of driving under the influence of a controlled substance for up to five years on a second offense makes it much more burdensome for he/she to get a job, raise a family, take their children to school, and be a productive citizen; and
Whereas, Many citizens reside in communities and regions of West Virginia which do not have public transportation to allow for transportation to and from employment; and
Whereas, Changes in the laws on driving under the influence of controlled substances in West Virginia should be studied to allow convicted West Virginians to regain limited driving privileges more promptly to improve the efficiency of their recovery in a manner that protects the public while allowing persons in recovery to be able to go to work, school, or otherwise necessary activities and therefore return to being a contributing member of our society; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the impacts of current sentencing, fines, and punishments for driving under the influence of controlled substances and appropriate means of restoring driving privileges after a program of recovery; and, be it
Further Resolved, That in conducting the study, the committee shall solicit data, information and recommendations from persons with a background and knowledge or experience in drug rehabilitation, criminal law and/or driving under the influence of a controlled substance including, but not limited to, representatives of the Division of Motor Vehicles, the State Police and other law enforcement agencies, rehabilitation specialists, and any other experts in drug abuse, interlock or other technology that would monitor driver impairment; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2020, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report, and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
