Bill Text: VA HB862 | 2010 | Regular Session | Prefiled
Bill Title: Juveniles; punishment for possession, etc., of alcohol.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2010-04-11 - Governor: Acts of Assembly Chapter text (CHAP0569) [HB862 Detail]
Download: Virginia-2010-HB862-Prefiled.html
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10102750D Be 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; truancy. A. If a court has found facts which would justify a finding
that a child at least 13 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, possession
or consumption 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, (vii) the unlawful use or possession of a
handgun or possession of a "streetsweeper" as defined below, or
(viii) a violation of §18.2-83, the court shall order, in addition to any
other penalty that it may impose as provided by law for the offense, 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 17 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), (iii) or (viii), the denial of a driver's license shall be for a period
of one year or until the juvenile reaches the age of 17, whichever is longer,
for a first such offense or for a period of one year or until the juvenile
reaches the age of 18, 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 months
unless the offense is committed by a child under the age of 16 years and three
months, in which case the child's ability to apply for a driver's license shall
be delayed for a period of six months following the date he reaches the age of
16 and three months. If the offense involves a violation designated under
clause (v) or (vi), the court shall impose the license sanction and may enter a judgment of guilt or, without
entering a judgment of guilt A1. If a court finds that a child at least 13 years of age has failed to comply with school attendance and meeting requirements as provided in §22.1-258, the court shall order the denial of the child's driving privileges for a period of not less than 30 days. If such failure to comply involves a child under the age of 16 years and three months, the child's ability to apply for a driver's license shall be delayed for a period of not less than 30 days following the date he reaches the age of 16 and three months. If the court finds a second or subsequent such offense, it may order the denial of a driver's license for a period of one year or until the juvenile reaches the age of 18, whichever is longer, or delay the child's ability to apply for a driver's license for a period of one year following the date he reaches the age of 16 and three months, as may be appropriate. B. Any child who has a driver's license at the time of the offense or at the time of the court's finding as provided in subsection A1 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 or whether the order was issued pursuant to subsection A1 of this section. 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), (vii) or (viii) 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 or at the time of the court's finding as provided in subsection A1 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 or a second finding by the court of failure to comply with school attendance and meeting requirements as provided in subsection A1. 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 90 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 or finding as provided in subsection A1. For a second or subsequent such offense or finding, 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 |
