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1998 SESSION
988675386Be it enacted by the General Assembly of Virginia:
1. That § 16.1-278.9 of the Code of Virginia is amended and reenacted as follows:
§ 16.1-278.9. Delinquent children; loss of driving privileges for alcohol, firearm and drug offenses.
A. If a court has found facts which would justify a finding that a child at
least thirteen years of age at the time of the offense is delinquent and such
finding involves (i) a violation of § 18.2-266 or of a similar ordinance
of any county, city or town, (ii) a refusal to take a blood or breath test in
violation of § 18.2-268.2, (iii) a felony violation of §§
18.2-248, 18.2-248.1 or § 18.2-250, (iv) a misdemeanor violation of
§§ 18.2-248, 18.2-248.1, or § 18.2-250 or a violation of §
18.2-250.1, (v) the unlawful purchase or possession of alcohol in violation of
§ 4.1-305 or the unlawful drinking or possession of alcoholic beverages in
or on public school grounds in violation of § 4.1-309, (vi) public
intoxication in violation of § 18.2-388 or a similar ordinance of a
county, city or town, or (vii) the unlawful use or possession of a handgun or
possession of a "streetsweeper" as defined below, the court shall order that
the child be denied a driver's license. In addition to any other penalty
authorized by this section, if the offense involves a violation designated
under clause (i) and the child was transporting a person seventeen years of age
or younger, the court shall impose the additional fine and order community
service as provided in § 18.2-270. If the offense involves a violation
designated under clause (i), (ii), or (iii), the denial of a driver's license
shall be for a period of one yeartwo years or until the
juvenile reaches the age of seventeeneighteen, whichever
is longer, for a first such offense or for a period of
one year or until the juvenile reaches the age of
eighteentwenty one, whichever is
longer, for a second or subsequent such offense. If the offense involves
a violation designated under clause (iv), (v), or (vi) the denial of driving
privileges shall be for a period of six monthsone year
unless the offense is committed by a child under the age of sixteen, in
which case the child's ability to apply for a driver's license shall be delayed
for a period of six monthsone year following his
sixteenth birthday. If the offense involves a violation designated under clause
(i), (ii), (v), or (vi), the court shall impose the license sanction without
entering a judgment of guilt and shall defer disposition of the delinquency
charge until such time as the court disposes of the case pursuant to subsection
F of this section. If the offense involves a violation designated under clause
(iii) or (iv), the court shall impose the license sanction and
shallmay dispose of the delinquency charge pursuant to
the provisions of this chapter or § 18.2-251. If the offense involves a
violation designated under clause (vii), the denial of driving privileges shall
be for a period of not less than thirty days, except when the offense involves
possession of a concealed handgun or a striker 12, commonly called a
"streetsweeper," or any semi-automatic folding stock shotgun of like kind with
a spring tension drum magazine capable of holding twelve shotgun shells, in
which case the denial of driving privileges shall be for a period of two years
unless the offense is committed by a child under the age of sixteen, in which
event the child's ability to apply for a driver's license shall be delayed for
a period of two years following his sixteenth birthday.
B. Any child who has a driver's license at the time of the offense shall be ordered to surrender his driver's license, which shall be held in the physical custody of the court during any period of license denial.
C. The court shall report any order issued under this section to the Department of Motor Vehicles, which shall preserve a record thereof. The report and the record shall include a statement as to whether the child was represented by or waived counsel. Notwithstanding the provisions of Article 12 (§ 16.1-299 et seq.) of this chapter or the provisions of Title 46.2, this record shall be available only to all law-enforcement officers, attorneys for the Commonwealth and courts. No other record of the proceeding shall be forwarded to the Department of Motor Vehicles unless the proceeding results in an adjudication of guilt pursuant to subsection F.
The Department of Motor Vehicles shall refuse to issue a driver's license to any child denied a driver's license until such time as is stipulated in the court order or until notification by the court of withdrawal of the order of denial under subsection E.
D. If the finding as to the child involves a violation designated under clause (i), (ii), (iii), or (vi) of subsection A, the child may be referred to a certified alcohol safety action program in accordance with § 18.2-271.1 upon such terms and conditions as the court may set forth. If the finding as to such child involves a violation designated under clause (iii), (iv), (v) or (vii) of subsection A, such child may be referred to appropriate rehabilitative or educational services upon such terms and conditions as the court may set forth. The court, in its discretion and upon a demonstration of hardship, may authorize the use of a restricted permit to operate a motor vehicle by any child who has a driver's license at the time of the offense for any of the purposes set forth in subsection E of § 18.2-271.1 or for travel to and from school, except that no restricted license shall be issued if the finding as to such child involves a violation designated under clause (iii) or (iv) of subsection A, or if it involves a second or subsequent violation of any offense designated in subsection A. The issuance of the restricted permit shall be set forth within the court order, a copy of which shall be provided to the child, and shall specifically enumerate the restrictions imposed and contain such information regarding the child as is reasonably necessary to identify him. The child may operate a motor vehicle under the court order in accordance with its terms. Any child who operates a motor vehicle in violation of any restrictions imposed pursuant to this section shall be guilty of a violation of § 46.2-301.
E. Upon petition made at least ninety days after issuance of the order, the court may review and withdraw any order of denial of a driver's license if for a first such offense. For a second or subsequent such offense, the order may not be reviewed and withdrawn until one year after its issuance.
F. If the finding as to such child involves a violation designated under clause
(i), (ii), (v), (vi) or (vii) of subsection A, upon fulfillment of the terms
and conditions prescribed by the court and after the child's driver's license
has been restored, the court shall or, in the event the violation resulted
in the injury or death of any person, may discharge the child and dismiss
the proceedings against him. Discharge and dismissal under these provisions
shall be without an adjudication of guilt but a record of the proceeding shall
be retained for the purpose of applying this section in subsequent proceedings.
Failure of the child to fulfill such terms and conditions shall result in an
adjudication of guilt. If the finding as to such child involves a violation
designated under clause (iii) or (iv) of subsection A, the charge shall not be
dismissed pursuant to this subsection but shallmay be
disposed of pursuant to the provisions of this chapter or § 18.2-251.