SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1996 SESSION
961465837Be it enacted by the General Assembly of Virginia:
1. That § 46.2-351.2 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-351.2. Show cause order to be issued upon conviction of third qualifying offense.
A. Upon conviction of a defendant in any case involving driving while
intoxicated in violation of § 18.2-266 or a substantially similar local
ordinance, or any other offense which qualifies as one which might be used for
determination as an habitual offender as set forth in subdivision 1 of §
46.2-351, the court shall immediately review the defendant's Department of
Motor Vehicles transcript or abstract of convictions if available. Upon a
finding that the instant conviction may bring the defendant within the
definition of an habitual offender as set forth in subdivision 1 of §
46.2-351, the court shall forthwith issue an order order the
issuance of a summons which directs the defendant to appear and show
cause why he should not be declared an habitual offender as provided in §
46.2-354. The show cause proceeding shall be held not less than 120 days after
the date of such order the summons. This
order The summons shall be immediately served upon the
defendant. Such service shall be deemed adequate notice of the show cause
proceeding, and no other notice shall be required.
B. At the time the abstract of conviction is transmitted to the Commissioner,
the court shall order the Commissioner to certify the defendant's transcript or
abstract of convictions, substantially in the manner provided for in §
46.2-215. One copy of such certified transcript or abstract shall be sent to
the attorney for the Commonwealth in the jurisdiction of the court issuing the
show cause order summons and one copy to the court. The
Commissioner shall also mail, by first class mail, one copy to the defendant
not less than thirty days prior to the date set in the court order for the show
cause proceeding.
C. However, if If the conviction of the third qualifying
offense occurs in the general district court and is appealed by the
defendant to the circuit court, the pending show cause proceeding
in the general district court shall be stayed until the tenth
day following the conviction. If the appeal is not
withdrawn within the ten-day period, the show
cause proceeding shall be dismissed by the general
district court. Upon entry of a final order of conviction of a third
qualifying offense by a circuit court, the circuit court shall proceed as
otherwise provided in this section.
If the conviction of the third qualifying offense occurs in a
circuit court and is appealed by the defendant, the
pending show cause proceeding in the circuit court shall
be stayed until such appeal is concluded. Should the defendant prevail on
appeal, the show cause proceeding in the circuit
court shall be dismissed, and the clerk of that court shall
file with the Department an order of dismissal. When the appeal is from a
district court to a circuit court and a final order of conviction is entered,
the circuit court then shall proceed under this section.
D. The Commissioner shall cause the Department's records to reflect the show cause proceeding and the disposition thereof.