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2004 SESSION

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040985408
HOUSE BILL NO. 592 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee for Courts of Justice on February 6, 2004) (Patrons Prior to Substitute--Delegates Janis and McDougle [HB 773]) A BILL to amend and reenact § 46.2-819.2 of the Code of Virginia, relating to failing to pay for motor fuel; penalty.

Be it enacted by the General Assembly of Virginia:

1. That § 46.2-819.2 of the Code of Virginia is amended and reenacted as follows:

§ 46.2-819.2. Driving a motor vehicle from establishment where motor fuel offered for sale; suspension of license; penalty.

A. No person shall drive a motor vehicle off the premises of an establishment at which motor fuel offered for retail sale was dispensed into the fuel tank of such motor vehicle unless payment for such fuel has been made.

B. Any person who violates this section shall be liable for a civil penalty not to exceed $100.

C. The driver's license of any person found to have violated this section (i) may be suspended, for the first offense, for a period of up to 30 days and (ii) shall be suspended for a period of 30 days for the second and subsequent offenses.

D. Nothing herein shall preclude a prosecution for larceny.