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Developed and maintained by the Division of Legislative Automated Systems.
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 Immediately
following disposition of ] 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 person may
be ] 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 person'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 person ] 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 person ] , the pending show cause proceeding
shall be stayed until such appeal is concluded. Should the [ defendant
person ] 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.