Driver's license; marijuana possession. (SB327)

Introduced By

Sen. Adam Ebbin (D-Alexandria) with support from co-patron Sen. Bill Stanley (R-Moneta)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Driver's license; marijuana possession. Revises the existing provision that a person loses his driver's license for six months when convicted of or placed on deferred disposition for a drug offense to provide that the provision does not apply to simple possession of marijuana. The exception applies only to adults; juveniles will still be subject to license suspension. The provisions of the bill are contingent upon written assurance from the U.S. Department of Transportation that Virginia will not lose any federal funds as a result of implementation of the bill. Amends § 18.2-251, § 18.2-259.1, § 46.2-390.1, of the Code of Virginia. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/07/2016Prefiled and ordered printed; offered 01/13/16 16101802D
01/07/2016Referred to Committee for Courts of Justice
01/20/2016Impact statement from DPB (SB327)
02/03/2016Reported from Courts of Justice with substitute (11-Y 4-N) (see vote tally)
02/03/2016Committee substitute printed 16105174D-S1
02/03/2016Incorporates SB613
02/05/2016Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/08/2016Impact statement from DPB (SB327S1)
02/08/2016Read second time
02/08/2016Reading of substitute waived
02/08/2016Committee substitute agreed to 16105174D-S1
02/08/2016Engrossed by Senate - committee substitute SB327S1
02/09/2016Read third time and passed Senate (31-Y 9-N) (see vote tally)
02/11/2016Placed on Calendar
02/11/2016Read first time
02/11/2016Referred to Committee for Courts of Justice
02/16/2016Assigned App. sub: Criminal Law
02/16/2016Assigned Courts sub: Criminal Law
02/22/2016Subcommittee recommends passing by indefinitely
03/08/2016Left in Courts of Justice

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 4 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.



Sen. Scott Surovell (D-Mount Vernon): SUBSTITUTE.

[Unknown]: ALL IN FAVOR SAY AYE. THOSE OPPOSED, NO. THE AYES HAVE IS. THE SUBSTITUTE IS AGREED TO. THE SENATOR FROM EASTERN FAIRFAX COUNTY.

Sen. Scott Surovell (D-Mount Vernon): I MOVE THE BILL BE GROSS.

Del. Bill Howell (R-Fredericksburg): THE QUESTION IS SHALL THE BILL BE ENGROSSED AND ADVANCED TO THE THIRD READING. ALL IN FAVOR SAY AYE. THOSE OPPOSED, NO. THE AYES HAVE IS. THE ABOUT I WILL IS ADVANCED AND ENGROSSED TO THIRD READING.

[Unknown]: SENATE BILL 327, A BILL RELATING TO MARIJUANA OFFENSES; DRIVER'S LICENSE FORFEITURE. REPORTED FROM COMMITTEE FOR COURTS OF JUSTICE WITH SUBSTITUTE. THE SENATOR FROM ALEXANDRIA, SENATOR EBBIN.

Sen. Adam Ebbin (D-Alexandria): I MOVE THE SUBSTITUTE IS AGREED TO.

[Unknown]: THE QUESTION IS SHALL THE COMMITTEE SUBSTITUTE BE AGREED TO? ALL IN FAVOR SAY AYE. THOSE OPPOSED, NO. THE AYES HAVE IS. THE SUBSTITUTE IS AGREED TO. THE SENATOR FROM ALEXANDRIA.

Sen. Adam Ebbin (D-Alexandria): I MOVE BILL ENGROSSED AND ADVANCED TO THE THIRD READING.

[Unknown]: ALL IN FAVOR SAY AYE. THOSE OPPOSED, NO.


Sen. Scott Surovell (D-Mount Vernon): THAT CAME DOWN LAST YEAR. I HOPE THE BODY WOULD PASS THE BILL.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS SHALL SENATE BILL 172 RECORD THEIR VOTES AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 33, NOS 6. AYES 33, NOS 6, THE BILL PASSES. SENATE BILL 327, RELATING TO MARIJUANA OFFENSES, DRIVER'S LICENSE FORFEITURE. THE SENATOR FROM ALEXANDRIA, SENATOR EBBIN.

Sen. Adam Ebbin (D-Alexandria): THANK YOU, MR. PRESIDENT. I WANT TO BE CLEAR WHAT SB 327 DOES AND WHAT IT DOESN'T DO. THE BILL DOES NOT DECRIMINALIZE OR LEGALIZE THE USE OF MARIJUANA AND I WANT TO THANK THE GENTLEMAN FROM FRANKLIN AND BUCKING HAM FOR COSPONSORING THE LEGISLATION. WHAT THE BILL DOES DO IS DEAL WITH HOW WE TREAT FIRST-TIME MARIJUANA OFFENDERS. RIGHT NOW, A FIRST-TIME DRUG OFFENDER CAN GET WHAT'S CALLED A 251 DEFERRED DISPOSITION AND THAT DISPORKS WITHOUT A FINDING OF GUILT, GIVES YOU A CRIMINAL RECORD, A FINE, REQUIRES YOU NOT TO USE DRUGS OR ALCOHOL AND TO BE TESTED REGULARLY TO ENSURE THAT, PERFORM COMMUNITY SERVICE, AND MAINTAIN EMPLOYMENT OR SEEK EMPLOYMENT. AND THAT'S THE CHALLENGE. IF YOU -- CURRENTLY IT ALSO SUSPENDS YOUR DRIVER'S LICENSE FOR 60 DAYS. I'M SORRY, SIX MONTHS. AND THAT'S A CHALLENGE. IF YOUR DRIVER'S LICENSE IS TAKEN AWAY FOR SIX MONTHS, AND YOU'RE REQUIRED TO MAINTAIN YOUR EMPLOYMENT OR SEEK EMPLOYMENT, YOU ARE SEVERELY IMPACTED. WE KNOW THAT THIS PENALTY USED TO BE IN PLACE IN ALL 50 STATES, AND WE KNOW THAT TODAY, VIRGINIA HAS ONE OF THE HIGHEST SUSPENSION RATES OF DRIVER'S LICENSES IN THE COUNTRY FOR NON-DRIVING DRUG OFFENSES. OVER 29,000 PEOPLE EACH YEAR, WHICH IS MORE THAN EVEN NEW YORK, FLORIDA, OR TEXAS. AND WE KNOW THAT 34 STATES HAVE NO LONGER AUTOMATICALLY SUSPEND THE LICENSES FOR NON-DRIVING DRUG OFFENSES, RECOGNIZING THE INEFFECTIVE FOIL THAT HAS BROADLY -- POLICY THAT HAS BROADLY NEGATIVE CONSEQUENCES. ALL OF VIRGINIA'S NEIGHBORING STATES, MARYLAND, WEST VIRGINIA, KENTUCKY, TENNESSEE, AND NORTH CAROLINA, DO NOT SUSPEND DRIVER'S LICENSES. THE DRIVER'S LICENSES, THOUGH, WOULD BE SUSPENDED IF THE OFFENDER WAS FOUND GUILTY OF THE OFFENSE IN THE EVENT THAT THEY DON'T SUCCESSFULLY COMPLETE THEIR 251 DISPOSITION. WITH THAT, I MOVE THE BILL PASS.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS SHALL SENATE BILL 327 ALL IN FAVOR OF THE MOTION WILL

Comments

ACLU-VA Criminal Justice, tracking this bill in Photosynthesis, notes:

The ACLU of Virginia supports this bill.

David Conner writes:

QUARANTINE FOR DRUG OFFENDERS IS NOT TREATMENT!!! In fact, being effectively quarantined from age 20 to age 30 has nearly ruined me psychologically and I have had it with this bullshit. I have enough problems with Aspergers thank you very much and the LAST thing i needed during this critical period of adult development was for someone to make it harder for me to be in contact with people.

You guys are killin' me right now!! i can't believe it. are you serious?! Why can't a bill like this make it through for a goddamn vote?!

What the !@#$ is democracy if a handful of crotchety, out-of-touch sycophants on any given subcommittee can stall out progress on a popular issue for decades?