HOUSE BILL NO. 1117 Offered January 11, 2006 Prefiled January 11, 2006 A BILL to amend the Code of Virginia by adding in Article 17 of Chapter 8 of Title 46.2 a section numbered 46.2-943.1, relating to optional additional penalty for persons convicted of certain violations involving operation of a motor vehicle. ---------- Patron-- Athey ---------- Referred to Committee on Transportation ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Article 17 of Chapter 8 of Title 46.2 a section numbered 46.2-943.1 as follows:

§ 46.2-943.1. Optional additional penalty for certain violations.

Upon conviction of a violation of any provision of Article 2 (§ 46.2-820 et seq.) of this chapter or of § 46.2-805, 46.2-808, 46.2-830, 46.2-835, 46.2-836, or 46.2-852, if any such violation resulted in the death of another person or any injury involving permanent and significant physical impairment, the judge may, in addition to any other penalty prescribed by law, sentence the convicted party to not less than 10 nor more than 40 hours of speaking before driver education classes in the Commonwealth about the offense of which he was convicted and the consequences thereof to himself and the victim of his offense. Such hours shall be arranged through the Department of Education. The Department shall notify the court of the convicted party's successful completion of such hours of speaking or, upon failure to successfully complete such hours, the convicted party's failure. If the victim of the offense was operating a motorcycle at the time of the offense, completion of the hours speaking imposed by the court shall be arranged by the Department of Motor Vehicles to be carried out as part of the Motorcycle Rider Safety Training Program and the Department shall report completion or noncompletion to the court as hereinbefore required. Upon receiving a report that a convicted party has failed to successfully complete all or any portion of the hours imposed as authorized in this section, the court shall order the convicted person to appear before the court to determine whether the convicted party unreasonably failed to complete the hours required. Any person the court determines has unreasonably failed to complete the hours required shall be guilty of a probation violation and subject, at the court's discretion, to imposition of any suspended fine or sentence arising out of the original violation.