Criminal Justice (Courts)

HB 4443 would allow West Virginia municipalities to suspend a person's driver's license if they fail to pay traffic fines or enter a payment plan within 90 days after a court judgment. The bill requires courts to offer payment plans based on 2% of annual net income (minimum $10 monthly), with a $25 setup fee, and imposes a $10 late fee per month for missed payments. After 90 days of nonpayment, clerks may suspend licenses, place judgment liens, or refer debts to collections (with limits on collection fees). This directly affects individuals with unpaid municipal court fines for traffic violations or related offenses.

HB 4650 modifies when defendants in West Virginia municipal court are entitled to a trial by jury. It specifies that only defendants charged with offenses carrying potential jail time or fines exceeding $5,000 qualify for a jury trial. This change directly affects individuals facing municipal court criminal charges where penalties could reach these thresholds, replacing previous eligibility rules with the new $5,000 fine standard. The bill does not alter jury size (still 12 members) or other procedural rules for municipal court trials.

HB 4413 bans syringe exchange programs in West Virginia by making them unlawful under new law, requiring all existing programs to cease operations by the effective date. It allows harm reduction services (like overdose prevention education, naloxone distribution, and referrals to treatment) to continue without needle exchanges during a 120-day transition period for patient care. Operators who continue syringe exchanges after the effective date face daily civil penalties of up to $2,500, and the state health office can seek court orders to enforce the ban. The bill specifically prohibits offering sterile needles without a prescription, while permitting other health services that don’t involve syringe exchanges.