Signed by Governor Jim Justice, Jr.

Vote Smart's Synopsis:

Vote to concur with senate amendments and pass a bill that prohibits the suspension of driver's licenses for failure to pay court fines and costs.

Highlights:

• Requires a municipal court clerk, upon request or upon a judgment rendered on appeal, to establish a payment plan for a person owing costs, fines, forfeitures, or penalties imposed by the court for a motor vehicle violation, a criminal offense, or other applicable municipal ordinances, as long as the person signs and files with the clerk, an affidavit, stating that they are unable to pay the costs, fines, forfeitures, or penalties imposed, subject to the following requirements (Chap. 8, Article 10):

• A $25 administrative processing fee is paid for the filing of the payment form or the fee is paid in less than 5 equal monthly payments;

• Unless incarcerated, the person is enrolled in a payment plan no later than 90 days after the date the court enters the order assessing the costs, fines, forfeitures, or penalties; and

• If the person is incarcerated, they are enrolled in a payment plan within 90 days after release.

• Requires a magistrate or a circuit clerk, upon request, to establish a payment plan for a person owing costs, fines, forfeitures, or penalties imposed by the court, as long as the person signs and files with the clerk, an affidavit, stating that they are unable to pay the costs, fines, forfeitures, or penalties imposed, subject to the following requirements (Chap. 50, Article 3 & Chap. 62, Article 4):

• A $25 administrative processing fee is paid for the filing of the payment form or the fee is paid in less than 5 equal monthly payments;

• Unless incarcerated, the person is enrolled in a payment plan no later than 180 days after the date the court enters the order assessing the costs, fines, forfeitures, or penalties; and

• If the person is incarcerated, they are enrolled in a payment plan within 180 days after release.

• Specifies that a person whose driver’s license was suspended before July 1, 2020, solely for the nonpayment of costs, fines, forfeitures, or penalties, if otherwise eligible, will have their license reinstated (Chap. 8, Article 10 & Chap. 50, Article 3 & Chap. 62, Article 4):

• Upon payment of all outstanding costs, fines, forfeitures, or penalties and a $25 reinstatement fee; or

• Upon establishing a payment plan and the payment of a $25 administrative fee.

Full Bill Text