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2018 SESSION

18100389D
SENATE BILL NO. 86
Offered January 10, 2018
Prefiled December 11, 2017
A BILL to amend and reenact 18.2-272 of the Code of Virginia, relating to driving after forfeiture of license.
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Patrons-- Surovell; Delegate: Kory
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:

1. That 18.2-272 of the Code of Virginia is amended and reenacted as follows:

18.2-272. Driving after forfeiture of license.

A. Any person who drives or operates any motor vehicle on any highway, as defined in 46.2-100, in the Commonwealth, or any engine or train in the Commonwealth, during the time for which he was deprived of the right to do so (i) upon conviction of a violation of 18.2-268.3 or 46.2-341.26:3 or of an offense set forth in subsection E of 18.2-270, (ii) by 18.2-271 or 46.2-391.2, (iii) after his license has been revoked pursuant to 46.2-389 or 46.2-391, or (iv) in violation of the terms of a restricted license issued pursuant to subsection E of 18.2-271.1, is guilty of a Class 1 misdemeanor except as otherwise provided in 46.2-391, and is subject to administrative revocation of his driver's license pursuant to 46.2-389 and 46.2-391. Any person convicted of three violations of this section committed within a 10-year period is guilty of a Class 6 felony.

Nothing in this section or 18.2-266, 18.2-270, or 18.2-271 shall be construed as conflicting with or repealing any ordinance or resolution of any county, city, or town or county which that restricts still further the right of such persons to drive or operate any such vehicle or conveyance.

B. Regardless of compliance with any other restrictions on his privilege to drive or operate a motor vehicle, it shall be a violation of this section for any person whose privilege to drive or operate a motor vehicle has been restricted, suspended, or revoked because of a violation of 18.2-36.1, 18.2-51.4, 18.2-266, 18.2-268.3, 46.2-341.24, or 46.2-341.26:3 or a similar ordinance or law of another state or the United States to drive or operate a motor vehicle on any highway, as defined in 46.2-100, in the Commonwealth while he has a blood alcohol content of 0.02 percent or more.

Any person suspected of a violation of this subsection shall be entitled to a preliminary breath test in accordance with the provisions of 18.2-267, shall be deemed to have given his implied consent to have samples of his blood, breath, or both taken for analysis pursuant to the provisions of 18.2-268.2, and, when charged with a violation of this subsection, shall be subject to the provisions of 18.2-268.1 through 18.2-268.12.

C. Any person who drives or operates a motor vehicle on any highway, as defined in 46.2-100, in the Commonwealth without a certified ignition interlock system as required by 46.2-391.01 is guilty of a Class 1 misdemeanor and is subject to administrative revocation of his driver's license pursuant to 46.2-389 and 46.2-391.