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1995 SESSION

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LD0009198
HOUSE BILL NO. 180 Offered January 14, 1994 A BILL to amend and reenact § 46.2-355 of the Code of Virginia, relating to court orders involving the adjudication of habitual offenders. ---------- Patrons--Davies; Senators: Marsh and Reasor ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That § 46.2-355 of the Code of Virginia is amended and reenacted as follows:

§ 46.2-355. (Effective January 1, 1994) Order of court.

If, pursuant to the show cause proceeding as provided for in § 46.2-354, the court finds that the person is not the same person named in the transcript or abstract, or that he is not an habitual offender under this article, the proceeding shall be dismissed, and the clerk of the court shall file with the Department a notice of the dismissal. If the court finds that the person is the same person named in the transcript or abstract and that the person is an habitual offender, the court shall so find and by appropriate order direct the person not to operate a motor vehicle on the highways in the Commonwealth and to surrender to the court all licenses or permits to drive a motor vehicle on the highways in the Commonwealth for disposal in the manner provided in § 46.2-398. In no event shall an offense used in a prior adjudication of any person as an habitual offender be used in a subsequent adjudication under this section. The clerk of the court shall file with the Department a copy of the order which shall become a part of the permanent records of the Department. Unless it appears from the record of the case that the person was present at the hearing in which the court found him to be an habitual offender, the clerk shall cause to be mailed to the person at his last known address appearing in the records of the case a copy of the habitual offender order. Such mailing, by first class mail, shall be deemed adequate notice of the habitual offender order, and no other notice shall be required to make the order effective if there was appropriate service of process for the show cause proceeding as provided in § 46.2-354.