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2016 SESSION
16103947DBe it enacted by the General Assembly of Virginia:
1. That §§ 18.2-268.1, 46.2-203.2, 46.2-328.1, and 46.2-330 of the Code of Virginia are amended and reenacted as follows:
§ 18.2-268.1. Chemical testing to determine alcohol or drug content of blood; definitions.
As used in §§ 18.2-268.2 through 18.2-268.12, unless the context clearly indicates otherwise:
The phrase "alcohol or drug" means alcohol, a drug or drugs, or any combination of alcohol and a drug or drugs.
The phrase "blood or breath" means either or both.
"Chief police officer" means the sheriff in any county not having a chief of police, the chief of police of any county having a chief of police, the chief of police of the city, or the sergeant or chief of police of the town in which the charge will be heard, or their authorized representatives.
"Department" means the Department of Forensic Science.
"Director" means the Director of the Department of Forensic Science.
"License" means any driver's license, temporary driver's license, driving privilege card, or instruction permit authorizing the operation of a motor vehicle upon the highways.
"Ordinance" means a county, city or town ordinance.
§ 46.2-203.2. Emergency contact information program.
A. As used in this section, "emergency contact" means a person 18 years of age or older whom the customer may designate to be contacted by a law-enforcement officer in an emergency situation.
B. The Department may establish an emergency contact information program to assist law-enforcement personnel in emergency situations. To establish such a program, a person who currently holds a learner's permit, temporary driver's license, driver's license, driving privilege card, commercial driver's license, or special identification card issued by the Department or completes an application for the same may voluntarily submit emergency contact information for inclusion in his customer record with the Department. Such emergency contact information may include the name, relationship to the customer, address, and telephone number for an individual the customer designates as a contact in the event of an emergency situation.
C. Any person voluntarily submitting emergency contact information to the Department for inclusion in the applicant's customer record is responsible for maintaining current emergency contact information with the Department. Each applicant submitting emergency contact information to the Department shall certify in his application that he has notified the person he has designated as an emergency contact that such information will be supplied to the Department. The Department shall provide a method by which applicants submitting emergency contact information to the Department may submit such information electronically pursuant to § 46.2-216.1. Customers may add, modify, or delete information at any time. Such modifications or deletions will overwrite all previously provided information.
D. In the event of an emergency situation, the Department shall make emergency contact information in customer records electronically available to a law-enforcement officer who in the exercise of his official duties requires assistance in reaching a customer's emergency contact. Emergency contact information provided to the Department by the customer shall only be disclosed as permitted in this section and shall not be considered a public record subject to disclosure under the Freedom of Information Act and shall not be subject to disclosure by court order or other means of discovery.
E. In the absence of gross negligence or willful misconduct, the Department, its employees, and law-enforcement officers shall be immune from any civil or criminal liability in connection with the maintenance and use of emergency contact information voluntarily provided by customers for use in an emergency situation.
§ 46.2-328.1. Licenses, permits, and
A. Notwithstanding any other provision of this title, except
as provided in subsection G of § 46.2-345, the Department shall not issue an
original license, permit, or special identification card to any applicant who
has not presented to the Department, with the application, valid documentary
evidence that the applicant is either (i) a citizen of the United States, (ii)
a legal permanent resident of the United States, or (iii) a conditional
resident alien of the United States. B. Notwithstanding the provisions of subsection A and the
provisions of §§ 46.2-330 and 46.2-345, an applicant who presents in person
valid documentary evidence of (i) a valid, unexpired nonimmigrant visa or
nonimmigrant visa status for entry into the United States,
(ii) a pending or approved application for asylum in the United States, (iii) entry into the United States in refugee status, (iv) a pending or approved application for temporary
protected status in the United States, (v) approved
deferred action status, or
(vi) a pending application for adjustment of status to legal permanent
residence status or conditional resident status, may
be issued a temporary license, permit, or special identification card. Such
temporary license, permit, or special identification card shall be valid only
during the period of time of the applicant's authorized stay in the United
States or if there is no definite end to the period of authorized stay a period
of one year. No license, permit, or special identification card shall be issued
if an applicant's authorized stay in the United States is less than 30 days
from the date of application. Any temporary license, permit, or special
identification card issued pursuant to this subsection shall clearly indicate
that it is temporary and shall state the date that it expires. Such a temporary
license, permit, or identification card may be
renewed only upon presentation of valid documentary evidence that the status by
which the applicant qualified for the temporary license, permit, or special identification has
been extended by C. An applicant who does
not meet the requirements for a driver's license under subsection A or B, but
who presents in person valid documentary evidence of having
been granted a period of stay authorized by the Attorney General of the United
States, may be issued a driving privilege card. Such driving privilege card
shall be subject to the same requirements and conditions and
shall confer the same rights, privileges, and obligations with respect to the
operation of a motor vehicle as a temporary license
issued under subsection B. The fee for a driving
privilege card shall be the same as the fee for a temporary license issued
under subsection B.
§ 46.2-330. Expiration and renewal of licenses; examinations
required. A. Every driver's license shall expire on the applicant's
birthday at the end of the period of years for which a driver's license has
been issued. At no time shall any driver's license be issued for more than
eight years. Thereafter the driver's license shall be renewed on or before the
birthday of the licensee and shall be valid for a period not to exceed eight
years except as otherwise provided by law. Any driver's license issued to a
person age 75 or older shall be issued for a period not to exceed five years.
Notwithstanding these limitations, the Commissioner may extend the validity
period of an expiring license if (i) the Department is unable to process an
application for renewal due to circumstances beyond its control, (ii) the
extension has been authorized under a directive from the Governor, and (iii)
the license was not issued as a temporary driver's license or a
driving privilege card under the provisions of subsection B or C of § 46.2-328.1. However,
in no event shall the validity period be extended more than 90 days per
occurrence of such conditions. In determining the number of years for which a
driver's license shall be renewed, the Commissioner shall take into
consideration the examinations, conditions, requirements, and other criteria
provided under this title that relate to the issuance of a license to operate a
vehicle. Any driver's license issued to a person required to register pursuant
to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1 shall expire on the applicant's
birthday in years which the applicant attains an age equally divisible by five. B. Within one year prior to the date shown on the driver's
license as the date of expiration, the Department shall send notice, to the
holder thereof, at the address shown on the records of the Department in its
driver's license file, that his license will expire on a date specified
therein, whether he must be reexamined, and when he may be reexamined.
Nonreceipt of the notice shall not extend the period of validity of the
driver's license beyond its expiration date. The license holder may request the
Department to send such renewal notice to an email or other electronic address,
upon provision of such address to the Department. Any driver's license may be renewed by application after the
applicant has taken and successfully completed those parts of the examination
provided for in §§ 46.2-311 C. Notwithstanding any other provision of this section, the
Commissioner, in his discretion, may require any applicant for renewal to be
fully examined as provided in §§ 46.2-311 D. Every applicant for renewal of a driver's license, whether
renewal shall or shall not be dependent on any examination of the applicant,
shall appear in person before the Department to apply for renewal, unless specifically
notified by the Department that renewal may be accomplished in another manner
as provided in the notice. E. This section shall not modify the provisions of §
46.2-221.2. F. 1. The Department shall electronically transmit application
information, including a photograph, to the Department of State Police, in a
format approved by the State Police, for comparison with information contained
in the Virginia Criminal Information Network and National Crime Information
Center Convicted Sexual Offender Registry Files, at the time of the renewal of
a driver's license. Whenever it appears from the records of the State Police
that a person has failed to comply with the duty to register or reregister
pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1, the State Police shall
promptly investigate and, if there is probable cause to believe a violation has
occurred, obtain a warrant or assist in obtaining an indictment charging a
violation of § 18.2-472.1 in the jurisdiction in which the person last
registered or reregistered or in the jurisdiction where the person made
application for licensure. The Department of State Police shall electronically
transmit to the Department, in a format approved by the Department, for each
person required to register pursuant to Chapter 9 of Title 9.1, registry
information consisting of the person's name, all aliases that he has used or
under which he may have been known, his date of birth and social security
number as set out in § 9.1-903. 2. For each person required to register pursuant to Chapter 9
of Title 9.1, the Department may not waive the requirement that each such
person shall appear for each renewal or the requirement to obtain a photograph
in accordance with subsection C of § 46.2-323. the
United States Citizenship and Immigration and Naturalization Service or the
Bureau of Citizenship and Immigration Services of the
Department of Homeland Security.C. D. Any D. E. The Department shall cancel
any license, permit, or special identification card that it has issued to an
individual if it is notified by a federal government agency that the individual
is neither a citizen of the United States nor legally present in the United
States.E. F. For any applicant who
presents a document pursuant to this section proving legal presence other than
citizenship, the Department shall record and provide to the State Board of
Elections monthly the applicant's document number, if any, issued by an agency
or court of the United States government., and 46.2-325, and the Virginia Commercial
Driver's License Act (§ 46.2-341.1 et seq.), including vision and written tests,
other than the parts of the examination requiring the applicant to drive a
motor vehicle. All drivers applying in person for renewal of a license shall
take and successfully complete the examination each renewal year. Every
applicant for a renewal shall appear in person before the Department, unless
specifically notified by the Department that renewal may be accomplished in
another manner as provided in the notice. Applicants who are required to appear
in person before the Department to apply for a renewal may also be required to
present proof of identity, legal presence, residency, and social security
number or non-work authorized status., and 46.2-325, and the Virginia Commercial
Driver's License Act (§ 46.2-341.1 et seq.). Furthermore, if the applicant is
less than 75 years old, the Commissioner may waive the vision examination for
any applicant for renewal of a driver's license which is not a commercial
driver's license, and the requirement or the taking of the written test as
provided in subsection B of this section, § 46.2-325 and the Virginia
Commercial Driver's License Act (§ 46.2-341.1 et seq.), for any applicant for
renewal who is at least 21 years old. Such written test shall not be waived for
an applicant less than 21 years old if such applicant's driver's license record
on file with the Department contains a record of one or more convictions for
any offense reportable under §§ 46.2-382, 46.2-382.1, and 46.2-383. However, in
no case shall there be any waiver of the vision examination for applicants for
renewal of a commercial driver's license or of the knowledge test required by
the Virginia Commercial Driver's License Act for the hazardous materials
endorsement on a commercial driver's license. No driver's license or learner's
permit issued to any person who is 75 years old or older shall be renewed
unless the applicant for renewal appears in person and either (i) passes a
vision examination or (ii) presents a report of a vision examination, made
within 90 days prior thereto by an ophthalmologist or optometrist, indicating
that the applicant's vision meets or exceeds the standards contained in §
46.2-311.