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2020 SESSION
20102919DBe it enacted by the General Assembly of Virginia:
1. That §§ 18.2-251, 46.2-410.1, 46.2-819.2, and 53.1-127.3 of the Code of Virginia are amended and reenacted as follows:
§ 18.2-251. Persons charged with first offense may be placed on probation; conditions; substance abuse screening, assessment treatment and education programs or services; drug tests; costs and fees; violations; discharge.
Whenever any person who has not previously been convicted of any offense under this article or under any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant, or hallucinogenic drugs, or has not previously had a proceeding against him for violation of such an offense dismissed as provided in this section, pleads guilty to or enters a plea of not guilty to possession of a controlled substance under § 18.2-250 or to possession of marijuana under § 18.2-250.1, the court, upon such plea if the facts found by the court would justify a finding of guilt, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions. If the court defers further proceedings, at that time the court shall determine whether the clerk of court has been provided with the fingerprint identification information or fingerprints of the person, taken by a law-enforcement officer pursuant to § 19.2-390, and, if not, shall order that the fingerprints and photograph of the person be taken by a law-enforcement officer.
As a term or condition, the court shall require the accused to undergo a substance abuse assessment pursuant to § 18.2-251.01 or 19.2-299.2, as appropriate, and enter treatment and/or education program or services, if available, such as, in the opinion of the court, may be best suited to the needs of the accused based upon consideration of the substance abuse assessment. The program or services may be located in the judicial district in which the charge is brought or in any other judicial district as the court may provide. The services shall be provided by (i) a program licensed by the Department of Behavioral Health and Developmental Services, by a similar program which is made available through the Department of Corrections, (ii) a local community-based probation services agency established pursuant to § 9.1-174, or (iii) an ASAP program certified by the Commission on VASAP.
The court shall require the person entering such program under the provisions of this section to pay all or part of the costs of the program, including the costs of the screening, assessment, testing, and treatment, based upon the accused's ability to pay unless the person is determined by the court to be indigent.
As a condition of probation, the court shall require the
accused (a) to successfully complete treatment or education program or
services, (b) to remain drug and alcohol free during the period of probation
and submit to such tests during that period as may be necessary and appropriate
to determine if the accused is drug and alcohol free, (c) to make reasonable
efforts to secure and maintain employment, and (d) to comply with a plan of at
least 100 hours of community service for a felony and up to 24 hours of
community service for a misdemeanor. In addition to any
community service required by the court pursuant to clause (d), if the court
does not suspend or revoke the accused's license as a term or condition of
probation for a violation of § 18.2-250.1, the court shall require the accused
to comply with a plan of 50 hours of community service.
Such testing shall be conducted by personnel of the supervising probation
agency or personnel of any program or agency approved by the supervising probation
agency.
Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, and upon determining that the clerk of court has been provided with the fingerprint identification information or fingerprints of such person, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is a conviction only for the purposes of applying this section in subsequent proceedings.
Notwithstanding any other provision of this section, whenever
a court places an individual on probation upon terms and conditions pursuant to
this section, such action shall be treated as a conviction for purposes of §§ 18.2-259.1, § 22.1-315,
and 46.2-390.1, and the driver's license forfeiture provisions of those
sections shall be imposed. However, if the court places an individual on
probation upon terms and conditions for a violation of § 18.2-250.1, such
action shall not be treated as a conviction for purposes of § 18.2-259.1 or
46.2-390.1, provided that a court (1) may suspend or revoke an individual's
driver's license as a term or condition of probation and (2) shall suspend or
revoke an individual's driver's license as a term or condition of probation for
a period of six months if the violation of § 18.2-250.1 was committed while
such person was in operation of a motor vehicle. The
provisions of this paragraph shall not be applicable to any offense for which a
juvenile has had his license suspended or denied pursuant to § 16.1-278.9 for
the same offense.
§ 46.2-410.1. Judicial review of revocation or suspension by Commissioner.
A. Notwithstanding the provisions of § 46.2-410, when the
Commissioner orders a revocation or suspension of a person's driver's license
under the provisions of this chapter, unless such
revocation or suspension is required under § 46.2-390.1,
the person so aggrieved may, in cases of manifest injustice, within sixty 60
days of receipt of notice of the suspension or revocation, petition the circuit
court of the jurisdiction wherein he resides for a hearing to review the
Commissioner's order. Manifest injustice is defined as those instances where
the Commissioner's order was the result of an error or was issued without
authority or jurisdiction. The person shall provide notice of his petition to
the attorney for the Commonwealth of that jurisdiction.
B. At the hearing on the petition, if the court finds that the Commissioner's order is manifestly unjust the court may, notwithstanding any other provision of law, order the Commissioner to modify the order or issue the person a restricted license in accordance with the provisions of § 18.2-271.1. For any action under this section, no appeal shall lie from the determination of the circuit court.
C. This section shall not apply to any disqualification of
eligibility to operate a commercial motor vehicle imposed by the Commissioner
pursuant to Article 6.1 (§ 46.2-341.1 et seq.) of
this chapter.
§ 46.2-819.2. Driving a motor vehicle from establishment where motor fuel offered for sale; suspension of license; penalty.
A. No person shall drive a motor vehicle off the premises of an establishment at which motor fuel offered for retail sale was dispensed into the fuel tank of such motor vehicle unless payment for such fuel has been made.
B. Any person who violates this section shall be liable for a civil penalty not to exceed $250 and applicable court costs if the matter proceeds to court.
C. The driver's license
of any person found to have violated this section (i) may be suspended, for the
first offense, for a period of up to 30 days and (ii) shall be suspended for a
period of 30 days for the second and subsequent offenses.
D. Nothing
herein shall preclude a prosecution for larceny.
§ 53.1-127.3. Deferred or installment payment agreement for unpaid fees; suspension of privilege to operate a motor vehicle.
If a person is unable to pay in full the fees owed to the
local correctional facility or regional jail pursuant to § 53.1-131.3, the
sheriff or jail superintendent shall establish a deferred or installment
payment agreement subject to the approval of the general district court. As a
condition of every such agreement, a person who enters into a deferred or
installment payment agreement shall promptly inform the sheriff or jail
superintendent of any change of mailing address during the term of the
agreement. The sheriff or jail
superintendent shall give notice to the person at the time the deferred or
installment payment agreement is entered into and the person shall certify on a
form prescribed by the local correctional facility or regional jail that he
understands that upon his failure or refusal to pay in accordance with a
deferred or installment payment agreement, the person's privilege to operate a
motor vehicle shall be suspended pursuant to the provisions of § 46.2-320.2.
2. That §§ 18.2-259.1, 46.2-320.2, 46.2-390.1, 46.2-416.1, and 53.1-127.4 of the Code of Virginia are repealed.
3. That the provisions of this act shall serve as the resolution of the General Assembly in expressing its opposition to 23 U.S.C. § 159(a)(3)(A).
4. That the Governor shall provide the necessary certifications required pursuant to 23 U.S.C. § 159(a)(3)(B).