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2020 SPECIAL SESSION I
HB 5058 Marijuana and certain traffic offenses; issuing citations, etc,
Introduced by: Patrick A. Hope | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Issuing citations; possession of marijuana and certain traffic offenses. Provides that no law-enforcement officer may lawfully stop a motor vehicle for operating (i) without a light illuminating a license plate, (ii) with defective and unsafe equipment, (iii) without brake lights or a high mount stop light, (iv) without an exhaust system that prevents excessive or unusual levels of noise, (v) with certain sun-shading materials and tinting films, and (vi) with certain objects suspended in the vehicle. No evidence discovered or obtained as a result of such unlawful stop shall be admissible in any trial, hearing, or other proceeding. The bill also provides that no law-enforcement officer may lawfully stop, search, or seize any person, place, or thing solely on the basis of the odor of marijuana, and no evidence discovered or obtained as a result of such unlawful search or seizure shall be admissible in any trial, hearing, or other proceeding. The bill prohibits the enactment of a local ordinance establishing a primary offense when the corresponding provision in the Code of Virginia is a secondary offense. The bill prohibits any local ordinance relating to the ownership or maintenance of a motor vehicle from being cause to stop or arrest a driver of a motor vehicle unless such violation is a jailable offense. The bill prohibits a law-enforcement officer from stopping a pedestrian for jaywalking or entering a highway where the pedestrian cannot be seen. The bill provides that law-enforcement officers are not permitted to stop a motor vehicle for an expired safety inspection or registration sticker until the first day of the fourth month after the original expiration date. The bill also provides that no evidence discovered or obtained due to an impermissible stop, including evidence obtained with the person's consent, is admissible in any trial, hearing, or other proceeding. This bill is identical to SB 5029.
FULL TEXT
- 08/18/20 House: Prefiled and ordered printed; offered 08/18/20 20200751D pdf | impact statement
- 09/03/20 House: Printed as engrossed 20200751D-E pdf | impact statement
- 09/16/20 Senate: Committee substitute printed 20201175D-S1 pdf | impact statement
- 10/07/20 House: Bill text as passed House and Senate (HB5058ER) pdf | impact statement
- 11/09/20 House: Reenrolled bill text (HB5058ER2) pdf
- 11/09/20 Governor: Acts of Assembly Chapter text (CHAP0045) pdf
AMENDMENTS
- Senate committee, floor amendments and substitutes offered
- House amendments adopted
- Governor's recommendation
HISTORY
- 08/18/20 House: Prefiled and ordered printed; offered 08/18/20 20200751D
- 08/18/20 House: Referred to Committee for Courts of Justice
- 08/26/20 House: Reported from Courts of Justice (13-Y 7-N)
- 08/28/20 House: Read first time
- 09/03/20 House: Read second time
- 09/03/20 House: Amendments by Delegate Hope agreed to
- 09/03/20 House: Engrossed by House as amended HB5058E
- 09/03/20 House: Printed as engrossed 20200751D-E
- 09/04/20 House: Read third time and passed House (54-Y 44-N)
- 09/04/20 House: VOTE: Passage (54-Y 44-N)
- 09/09/20 Senate: Constitutional reading dispensed
- 09/09/20 Senate: Referred to Committee on the Judiciary
- 09/16/20 Senate: Reported from Judiciary with substitute (8-Y 1-N)
- 09/16/20 Senate: Committee substitute printed 20201175D-S1
- 09/16/20 Senate: Rereferred to Finance and Appropriations
- 09/24/20 Senate: Reported from Finance and Appropriations (11-Y 5-N)
- 09/25/20 Senate: Constitutional reading dispensed (36-Y 0-N)
- 10/01/20 Senate: Passed by temporarily
- 10/01/20 Senate: Read third time
- 10/01/20 Senate: Reading of substitute waived
- 10/01/20 Senate: Committee substitute agreed to
- 10/01/20 Senate: Engrossed by Senate - committee substitute HB5058S1
- 10/01/20 Senate: Passed Senate with substitute (20-Y 19-N)
- 10/02/20 House: Placed on Calendar
- 10/02/20 House: Senate substitute agreed to by House 20201175D-S1 (53-Y 41-N)
- 10/02/20 House: VOTE: Adoption (53-Y 41-N)
- 10/07/20 House: Enrolled
- 10/07/20 House: Bill text as passed House and Senate (HB5058ER)
- 10/07/20 House: Signed by Speaker
- 10/07/20 Senate: Signed by President
- 10/14/20 House: Enrolled Bill communicated to Governor on October 14, 2020
- 10/14/20 Governor: Governor's Action Deadline 11:59 p.m., October 21, 2020
- 10/21/20 House: Governor's recommendation received by House
- 11/09/20 House: House concurred in Governor's recommendation (54-Y 44-N)
- 11/09/20 House: VOTE: Adoption (54-Y 44-N)
- 11/09/20 Senate: Senate concurred in Governor's recommendation #1 and #2 (38-Y 1-N)
- 11/09/20 Senate: Senate concurred in Governor's recommendation #3 (21-Y 18-N)
- 11/09/20 Governor: Governor's recommendation adopted
- 11/09/20 House: Reenrolled bill text (HB5058ER2)
- 11/09/20 House: Reenrolled
- 11/09/20 House: Signed by Speaker as reenrolled
- 11/09/20 Senate: Signed by President as reenrolled
- 11/09/20 House: Enacted, Chapter 45 (effective 3/1/21)
- 11/09/20 Governor: Acts of Assembly Chapter text (CHAP0045)