Bill Text: VA HB1664 | 2019 | Regular Session | Prefiled

Bill Title: Out-of-state conviction of drug offenses; petition for restricted driver's license.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2018-12-03 - Referred to Committee on Transportation [HB1664 Detail]

Download: Virginia-2019-HB1664-Prefiled.html
Offered January 9, 2019
Prefiled December 3, 2018
A BILL to amend and reenact §46.2-390.1 of the Code of Virginia, relating to out-of-state drug offenses; restricted driver's license.
Patron-- Jones, J.C.
Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1. That §46.2-390.1 of the Code of Virginia is amended and reenacted as follows:

§46.2-390.1. Required revocation for conviction of drug offenses or deferral of proceedings.

A. Except as otherwise ordered pursuant to §18.2-259.1, and as provided in this section, the Commissioner shall forthwith revoke, and not thereafter reissue for six months from the later of (i) the date of conviction or deferral of proceedings under §18.2-251, unless the deferral was for proceedings for possession of marijuana pursuant to §18.2-250.1, or (ii) the next date of eligibility to be licensed, the driver's license, registration card, and license plates of any resident or nonresident on receiving notification of (a) his conviction, (b) his having been found guilty in the case of a juvenile, or (c) the deferral of further proceedings against him under §18.2-251 for any violation of any provisions of Article 1 (§18.2-247 et seq.) of Chapter 7 of Title 18.2, unless the proceedings were for possession of marijuana pursuant to §18.2-250.1, or of any state or federal law or valid county, city or town ordinance, or a law of any other state substantially similar to provisions of such Virginia laws. Such license revocation shall be in addition to and shall run consecutively with any other license suspension, revocation or forfeiture in effect against such person.

B. Any person whose license has been revoked pursuant to this section and §18.2-259.1 shall be subject to the provisions of §§46.2-370 and 46.2-414 and shall be required to pay a reinstatement fee as provided in § 46.2-411 in order to have his license restored.

C. Any person whose driver's license has been revoked pursuant to this section based upon a conviction of a law of any other state substantially similar to the provisions of Article 1 (§18.2-247 et seq.) of Chapter 7 of Title 18.2 may petition the general district court of the county or city where he resides for a restricted license. In those cases where the court determines there are compelling circumstances warranting an exception, the court may provide that any individual be issued a restricted license to operate a motor vehicle for any of the purposes set forth in subsection E of §18.2-271.1. No restricted license issued pursuant to this subsection shall permit any person to operate a commercial motor vehicle as defined in the Virginia Commercial Driver's License Act (§46.2-341.1 et seq.). The court shall order the surrender of such person's license in accordance with the provisions of subsection B and shall forward to the Commissioner of the Department of Motor Vehicles a copy of its order entered pursuant to this subsection. This order shall specifically enumerate the restrictions imposed and contain such information regarding the person to whom such restricted license is issued as is reasonably necessary to identify such person. The court shall also provide a copy of its order to such person who may operate a motor vehicle on the order until receipt from the Commissioner of the Department of Motor Vehicles of a restricted license, but only if the order provides for a restricted license for that period. A copy of the order and, after receipt thereof, the restricted license shall be carried at all times by such person while operating a motor vehicle. The court may require a person issued a restricted license under the provisions of this subsection to be monitored by an alcohol safety action program during the period of license suspension. Any violation of the terms of the restricted license or of any condition set forth by the court related thereto, or any failure to remain drug-free during such period shall be reported forthwith to the court by such program. Any person who operates a motor vehicle in violation of any restriction imposed pursuant to this section is guilty of a violation of §46.2-301.