Bill Text: VA SB1280 | 2017 | Regular Session | Comm Sub
Bill Title: Driver's license; suspension for nonpayment of fines or costs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2017-02-21 - Left in Courts of Justice [SB1280 Detail]
Download: Virginia-2017-SB1280-Comm_Sub.html
Be it enacted by the General Assembly of Virginia:
1. That §§46.2-395 and 46.2-416 of the Code of Virginia are amended and reenacted as follows:
§46.2-395. Suspension of license for failure or refusal to pay fines or costs.
A. Any person, whether licensed by Virginia or not, who drives a motor vehicle on the highways in the Commonwealth shall thereby, as a condition of such driving, consent to pay all lawful fines, court costs, forfeitures, restitution, and penalties assessed against him for violations of the laws of the Commonwealth; of any county, city, or town; or of the United States. For the purpose of this section, such fines and costs shall be deemed to include any fee assessed by the court under the provisions of §18.2-271.1 for entry by a person convicted of a violation of §18.2-51.4 or 18.2-266 into an alcohol safety action program.
B. In addition to any penalty provided by law and subject to
the limitations on collection under §§19.2-340 and 19.2-341, when any person
is convicted of any violation of the law of the Commonwealth or of the United
States or of any valid local ordinance and fails or refuses to provide for
immediate payment in full of any fine, costs, forfeitures, restitution, or
penalty within 90 days of the lawful assessment of such fine, costs,
forfeitures, restitution, or penaltylawfully assessed against him,
or fails to make deferred payments or installment payments as ordered by the
court, the court shall forthwith suspend the person's privilege to drive a
motor vehicle on the highways in the Commonwealth. The driver's license of the
person shall continue suspended until the fine, costs, forfeiture, restitution,
or penalty has been paid in full. However, if the defendant, after having his
license suspended, pays the reinstatement fee to the Department of Motor
Vehicles and enters into an agreement under §19.2-354 that is acceptable to
the court to make deferred payments or installment payments of unpaid fines,
costs, forfeitures, restitution, or penalties as ordered by the court, the
defendant's driver's license shall thereby be restored. If the person has not
obtained a license as provided in this chapter, or is a nonresident, the court
may direct in the judgment of conviction that the person shall not drive any
motor vehicle in Virginia for a period to coincide with the nonpayment of the
amounts due.
C. Before transmitting to the Commissioner a record of the
person's failure or refusal to pay all or part of any fine, costs, forfeiture,
restitution, or penalty or a failure to comply with an order issued pursuant to
§19.2-354, the clerk of the court that convicted the person shall provide or
cause to be sent to the person written notice of the suspension of his license
or privilege to drive a motor vehicle in Virginia, effective 30 90
days from the date of conviction, if the fine, costs, forfeiture, restitution,
or penalty is not paid prior to the effective date of the suspension as stated
on the notice. Notice shall be provided to the person at the time of trial or
shall be mailed by first-class mail to the address certified on the summons or
bail recognizance document as the person's current mailing address, or to such
mailing address as the person has subsequently provided to the court as a
change of address. If so mailed on the date of conviction or within five
business days thereof, or if delivered to the person at the time of trial, such
notice shall be adequate notice of the license suspension and of the person's
ability to avoid suspension by paying the fine, costs, forfeiture, restitution,
or penalty prior to the effective date. No other notice shall be required to
make the suspension effective. A record of the person's failure or refusal and
of the license suspension shall be sent to the Commissioner if the fine, costs,
forfeiture, restitution, or penalty remains unpaid on the effective date of the
suspension specified in the notice or on the failure to make a scheduled
payment.
C1. Whenever a person provides for payment of a fine, costs, forfeiture, restitution or penalty other than by cash and such provision for payment fails, the clerk of the court that convicted the person shall cause to be sent to the person written notice of the failure and of the suspension of his license or privilege to drive in Virginia. The license suspension shall be effective 10 days from the date of the notice. The notice shall be effective notice of the suspension and of the person's ability to avoid the suspension by paying the full amount owed by cash, cashier's check or certified check prior to the effective date of the suspension if the notice is mailed by first class mail to the address provided by the person to the court pursuant to subsection C or §19.2-354. Upon such a failure of payment and notice, the fine, costs, forfeiture, restitution or penalty due shall be paid only in cash, cashier's check or certified check, unless otherwise ordered by the court, for good cause shown.
D. If the person pays the amounts assessed against him subsequent to the time the suspended license has been transmitted to the Department, and his license is not under suspension or revocation for any other lawful reason, except pursuant to this section, then the Commissioner shall return the license to the person on presentation of the official report of the court evidencing the payment of the fine, costs, forfeiture, restitution, or penalty.
E. Any person otherwise eligible for a restricted license may petition each court that suspended his license pursuant to this section for authorization for a restricted license. A court may, upon written verification of employment and for good cause shown, authorize the Department of Motor Vehicles to issue 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 may be issued unless each court which suspended the person's license pursuant to this section provides authorization for a restricted license. Such restricted license shall not be issued for more than a six-month period. No restricted license issued pursuant to this subsection shall permit a person to operate a commercial motor vehicle as defined in the Commercial Driver's License Act (§46.2-341.1 et seq.).
The court shall forward to the Commissioner a copy of its authorization entered pursuant to this section, which shall specifically enumerate the restrictions imposed and contain such information regarding the person to whom such a license is issued as is reasonably necessary to identify the person. The court shall also provide a copy of its authorization to the person, who may not operate a motor vehicle until receipt from the Commissioner of a restricted license. A copy of the restricted license issued by the Commissioner shall be carried at all times while operating a motor vehicle. Any person who operates a motor vehicle in violation of any restrictions imposed pursuant to this section shall be punished as provided in subsection C of § 46.2-301.
§46.2-416. Notice of suspension or revocation of license.
A. Whenever it is provided in this title that a driver's
license may or shall be suspended or revoked either by the Commissioner or by a
court, notice of the suspension or revocation or any certified copy of the
decision or order of the Commissioner may be sent by the Department by
certified mail to the driver at the most recent address of the driver on file
at the Department. If the driver has previously been notified by mail or in
person of the suspension or revocation or of an impending suspension for
failure to pay fines and costs pursuant to §46.2-395, whether notice is given
by the court or law-enforcement officials as provided by law, and the
Department has been notified by the court that notice was so given and the
fines and costs were not paid within 30 90 days, no notice of
suspension shall be sent by the Department to the driver. If the certificate of
the Commissioner or someone designated by him for that purpose shows that the
notice or copy has been so sent or provided, it shall be deemed prima facie
evidence that the notice or copy has been sent and delivered or otherwise
provided to the driver for all purposes involving the application of the
provisions of this title. In the discretion of the Commissioner, service may be
made as provided in §8.01-296, which service on the driver shall be made by
delivery in writing to the driver in person in accordance with subdivision 1 of
§8.01-296 by a sheriff or deputy sheriff in the county or city in which the
address is located, who shall, as directed by the Commissioner, take possession
of any suspended or revoked license, registration card, or set of license
plates or decals and return them to the office of the Commissioner. No such
service shall be made if, prior to service, the driver has complied with the
requirement which caused the issuance of the decision or order. In any such
case, return shall be made to the Commissioner.
B. In lieu of making a direct payment to sheriffs as a fee for delivery of the Department's processes, the Commissioner shall effect a transfer of funds, on a monthly basis, to the Compensation Board to be used to provide additional support to sheriffs' departments. The amount of funds so transferred shall be as provided in the general appropriation act.
C. The Department may contract with the United States Postal Service or an authorized agent to use the National Change of Address System for the purpose of obtaining current address information for a person whose name appears in customer records maintained by the Department. If the Department receives information from the National Change of Address System indicating that a person whose name appears in a Department record has submitted a permanent change of address to the Postal Service, the Department may then update its records with the mailing address obtained from the National Change of Address System.