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2004 SESSION

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040939408
HOUSE BILL NO. 773 Offered January 14, 2004 Prefiled January 14, 2004 A BILL to amend and reenact § 46.2-819.2 of the Code of Virginia, relating to failing to pay for motor fuel; penalty. ---------- Patron-- McDougle ---------- Referred to Committee on Transportation ----------

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 Any person shall drive who drives 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 and who willfully fails to pay for the fuel is guilty of larceny.

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 shall be suspended, (i) for the first offense, for a period of up to 30 not less than 60 days and not more than six months and (ii) shall be suspended for a period of 30 days for the second and subsequent offenses for a second or subsequent offense, for a period of not less than 60 days and not more than one year.

2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $0 for periods of imprisonment in state adult correctional facilities and is $0 for periods of commitment to the custody of the Department of Juvenile Justice.