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)

Progress

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

Description

Issuing citations; possession of marijuana and certain traffic offenses. Changes from a primary offense to a secondary offense the traffic infractions of operating a motor vehicle (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. A secondary offense is one for which a summons can only be issued if the offender is stopped for another, separate offense. The bill also provides that no law-enforcement officer may lawfully 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 issuing a citation for jaywalking or entering a highway where the pedestrian cannot be seen unless the pedestrian is also stopped for another, separate offense. 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 is admissible in any trial, hearing, or other proceeding. Read the Bill »

Status

09/24/2020: passed committee

History

DateAction
08/18/2020Prefiled and ordered printed; offered 08/18/20 20200751D
08/18/2020Committee
08/18/2020Referred to Committee for Courts of Justice
08/26/2020Impact statement from DPB (HB5058)
08/26/2020Reported from Courts of Justice (13-Y 7-N) (see vote tally)
08/28/2020Read first time
09/03/2020House committee, floor amendments and substitutes offered
09/03/2020Read second time
09/03/2020Amendments by Delegate Hope agreed to
09/03/2020Engrossed by House as amended HB5058E
09/03/2020Printed as engrossed 20200751D-E
09/04/2020Read third time and passed House (54-Y 44-N)
09/04/2020VOTE: Passage (54-Y 44-N) (see vote tally)
09/04/2020Impact statement from DPB (HB5058E)
09/09/2020Constitutional reading dispensed
09/09/2020Referred to Committee on the Judiciary
09/16/2020Senate committee, floor amendments and substitutes offered
09/16/2020Reported from Judiciary with substitute (8-Y 1-N) (see vote tally)
09/16/2020Rereferred to Finance and Appropriations
09/16/2020Committee substitute printed 20201175D-S1
09/17/2020Impact statement from DPB (HB5058S1)
09/24/2020Reported from Finance and Appropriations (11-Y 5-N) (see vote tally)
09/25/2020Constitutional reading dispensed (36-Y 0-N)

Post a Public Comment About this Bill



if you have one


(Limited HTML is OK: <a>, <em>, <strong>, <s>)