Marijuana and certain traffic offenses; issuing citations, etc, (HB5058)

Introduced By

Del. Patrick Hope (D-Arlington) with support from 7 copatrons, whose average partisan position is:

Those copatrons are Del. Dawn Adams (D-Richmond), Del. Josh Cole (D-Stafford), Del. Kaye Kory (D-Falls Church), Del. Kathleen Murphy (D-McLean), Del. Mark Sickles (D-Alexandria), Del. Suhas Subramanyam (D-Sterling), Sen. Janet Howell (D-Reston)

Description

Issuing citations; possession of marijuana and certain traffic offenses. Provides that no law-enforcement officer may lawfully stop a motor vehicle for operating (i) without a light illuminating a license plate, (ii) with defective and unsafe equipment, (iii) without brake lights or a high mount stop light, (iv) without an exhaust system that prevents excessive or unusual levels of noise, (v) with certain sun-shading materials and tinting films, and (vi) with certain objects suspended in the vehicle. No evidence discovered or obtained as a result of such unlawful stop shall be admissible in any trial, hearing, or other proceeding. The bill also provides that no law-enforcement officer may lawfully stop, search, or seize any person, place, or thing solely on the basis of the odor of marijuana, and no evidence discovered or obtained as a result of such unlawful search or seizure shall be admissible in any trial, hearing, or other proceeding. The bill prohibits the enactment of a local ordinance establishing a primary offense when the corresponding provision in the Code of Virginia is a secondary offense. The bill prohibits any local ordinance relating to the ownership or maintenance of a motor vehicle from being cause to stop or arrest a driver of a motor vehicle unless such violation is a jailable offense. The bill prohibits a law-enforcement officer from stopping a pedestrian for jaywalking or entering a highway where the pedestrian cannot be seen. The bill provides that law-enforcement officers are not permitted to stop a motor vehicle for an expired safety inspection or registration sticker until the first day of the fourth month after the original expiration date. The bill also provides that no evidence discovered or obtained due to an impermissible stop, including evidence obtained with the person's consent, is admissible in any trial, hearing, or other proceeding. This bill is identical to SB 5029. Read the Bill »

Outcome

History