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1996 SESSION
961752722Be 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 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 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. This order 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 of a third qualifying offense 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 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 the conviction of the third qualifying offense is appealed by the defendant, the pending show cause proceeding shall be stayed until such appeal is concluded. Should the defendant prevail on appeal, the show cause proceeding shall be dismissed, and the clerk 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.