Sunday, October 12, 2008
The General Assembly is not in session.
Tracking Virginia’s General Assembly
since 2007.
HB1492: Driving while intoxicated; penalty for driving commercial motor vehicle.
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-341.28 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-341.28. Penalty for driving commercial motor vehicle while intoxicated; subsequent offense; prior conviction.
A. Any person violating any provision of
subsection A of § 46.2-341.24 shall be guilty of a Class 1 misdemeanor and
be punished, matatis mutandis, as provided in § 18.2-270, Chapter 7, Article 2
of Title 18.2.
Any person convicted of a second offense committed within
less than five years after a first offense under subsection A of § 46.2-341.24
shall be punishable by a fine of not less than $200 nor more than $2,500 and by
confinement in jail for not less than one month nor more than one year. Five
days of such confinement shall be a mandatory minimum sentence. Any person
convicted of a second offense committed within a period of five to 10 years of
a first offense under subsection A of § 46.2-341.24 shall be punishable by a
fine of not less than $200 nor more than $2,500 and by confinement in jail for
not less than one month nor more than one year. Any person convicted of a third
offense or subsequent offense committed within 10 years of an offense under
subsection A of § 46.2-341.24 shall be punishable by a fine of not less than
$500 nor more than $2,500 and by confinement in jail for not less than two
months nor more than one year. Thirty days of such confinement shall be a
mandatory minimum sentence if the third or subsequent offense occurs within
less than five years. Ten days of such confinement shall be a mandatory minimum
sentence if the third or subsequent offense occurs within a period of five to
10 years of a first offense.
For the purposes of this section a conviction or finding of
not innocent in the case of a juvenile under (i) § 18.2-51.4 or § 18.2-266,
(ii) the ordinance of any county, city or town in this Commonwealth
substantially similar to the provisions of § 18.2-51.4 or § 18.2-266, (iii)
subsection A of § 46.2-341.24, or (iv) the laws of any other state
substantially similar to the provisions of §§ 18.2-51.4, 18.2-266 or subsection
A of § 46.2-341.24, shall be considered a prior conviction.
B. For the purpose of this section, an adult conviction of any person, or finding of guilty in the case of a juvenile, under the following shall be considered a conviction of § 18.2-266: (i) the provisions of § 18.2-36.1 or the substantially similar laws of any other state or of the United States, (ii) the provisions of §§ 18.2-51.4, 18.2-266, for § 18.1-54 (formerly § 18.2-75), the ordinance of any country, city or town in this Commonwealth or the laws of any other state or of the United States substantially similar to the provisions of § 18.2-54.1, or § 18.2-266, or (iii) the provisions of subsection A of § 46.2-341.24 or the substantial similar laws of any other state or of the United States.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $930,521 for periods of imprisonment in state adult correctional facilities and is $0 for periods of commitment to the custody of the Department of Juvenile Justice.
Additional Data
Explanation
This is the actual text of the bill — the legislation itself. Generally this is amending existing law, proposing the addition or removal of words from laws that are already on the books.
Words that are highlighted in yellow are
proposed additions, and words that are crossed out in
red are proposed removals.
The numbers with the § symbol before them are references to existing laws, and if you click on them they’ll take you to that part of the law on the state's website.