HB 2370 — Alcohol safety action programs; local independent policy board to select attorneys for board.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2023 SESSION CHAPTER E561 An Act to amend and reenact §§ 18.2-271.1 and 46.2-392 of the Code of Virginia, relating to alcohol safety action programs.

R O [H 2370] Approved LMarch L26, 2023 Be it enacted by the General Assembly of Virginia:

That §§ 18.2-271.1 and 46.2-392 of the Code of Virginia are amended and reenacted as followsEfollows: § 18.2-271.1.

§ 18.2-271.1.

persoDperson conA.convicted under law of another state or federal law.

AnyA. person convicted of a first or second offense of § 18.2-266, or any ordinance of a county, city, or town similar to the provisions thereof, or provisions of subsection A of § 46.2-341.24, shall be required by court order, as a condition of probation or otherwise, to enter into and successfully complete an alcohol safety action program in the judicial district in which such charge is brought or in any other judicial district upon such terms and conditions as the court may set forth.

However,Any uponperson motionconvicted of a personfirst convictedor ofsecond any such offense following an assessment of the§ person18.2-266, conductedor byany anordinance alcoholof safetya actioncounty, program,city, theor court,town forsimilar good cause, may decline to orderthe participationprovisions inthereof, suchor aprovisions Hrogramof ifsubsection theA assessmentof by§ the46.2-341.24, alcoholshall safetybe actionrequired programby indicatescourt thatorder, interventionas isa notcondition appropri2teof forprobation certifiedor asotherwise, meetingto minimumenter standardsinto and criteriasuccessfully establishedcomplete byjudicial thedistrict Commissionupon onsuch theterms Virginiaand Alcoholconditions Safetyas Actionthe Programcourt (VASAP)may pursuantset toforth. this section and to § 18.2-271.2.

However, upon motion of aher person convicted of any such offense following an assessment of the person conducted by an alcohol safety action program, the court, for good cause, may decline to order participation in such a program if the assessment by the alcohol safety action program indicates that intervention is not appropriate for such person.

In no event shall such persons be permitted to enter any such program which is not certified as meeting minimum standards and criteria established by the Commission on the Virginia Alcohol Safety Action Program (VASAP) pursuant to this section and to § 18.2-271.2.

However, no ignition interlock company shall install an ignition ignition interlock restriction.hiclesystem on any such vehicle until a court issues to the person a restricted license with the B.ignition interlock restriction.

B.

In addition to the costs of the proceeding, fees as may reasonably be required of defendants referred for intervention undC.under any such program may be charged.

C.

In addition, if the conviction was for a second offense committed within less than 10 years after a first such offense, the court shall order that restoration of the person's license to drive be conditioned upon the installation of an ignition interlock system on each motor vehicle, as defined in § 46.2-100, owned by or registered to the person, in whole or in part, for a period of six months beginning at the end of the three year license revocation, unless such a system has already been installed for six months prior to that time pursuant to participatea inrestricted thelicense programorder describedunder herein,subsection theE. court shall enter the conviction on the warrant, and shall note that the person so convicted has been referred to such program.

Upon a finding that a person so convicted is required to participate in the program described herein, the court shall enter the conviction on the warrant, and shall note that the person so convicted has been referred to such program.

The court shall, upon final disposition of the case, send a copy of its order to the restricted license, the Commissioner of the Department of Motor Vehicles,Vehicles. upon receipt thereof, shall issue a restricted license.

TheIf periodsuch oforder timeprovides duringfor which the personissuance (i)of isa prohibitedrestricted fromlicense, operatingthe aCommissioner of 5 motor vehicle that is not equipped with an ignition interlock system, (ii) is required to have an ignition interlock system installed on each motor vehicle owned by or registered to the person,Department inof wholeMotor orVehicles, inupon part,receipt orthereof, (iii) is required to use a remote alcohol monitoring device shall beissue calculated from the date the person is issued a restricted licenselicense. by the court;

The period of time during which the person (i) is prohibited from operating a motor vehicle that is not equipped with an ignition interlock system, (ii) is required to have an ignition interlock system installed on each motor vehicle owned by or registered to the person, in whole or in of 4 part, or (iii) is required to use a remote alcohol monitoring device shall be calculated from the date the person is issued a restricted license by the court;

(xi) travel to and from appointments approved by the Division of Child Support Enforcement of the Department of Social Services as a requirement of participation in an administrative or court-ordered intensive case monitoring program for child support for which the of 5 participant maintains written proof of the appointment, including written proof of the date and time of the appointment, on his person;

(xii) travel to and from jail to serve a sentence when such perEonperson has been convicted and sentenced to confinement in jail and pursuant to § 53.1-131.1 the time to be served is on weekends or nonconsecutive days;

(xiv) travel to and from a job interview for whRchwhich he of 4 maintains on his person written proof from the prospective employer of the date, time, and location of purposethe ofjob seekinginterview; employment.

However,or (a)(xv) anytravel such person who is eligible to receiveand afrom restricted the licenseoffices as provided in subsection C of §the 18.2-270.1Virginia orEmployment (b)Commission anyfor suchthe personpurpose ordered to use a remote alcohol monitoring device pursuant to subsection E of §seeking 18.2-270.1employment. who has a functioning, certified ignition interlock system as required by law may be issued a restricted permit to operate a motor vehicle for any lawful purpose.

NoHowever, restricted(a) licenseany issuedsuch pursuantperson who is eligible to thisreceive a restricted license as provided in subsection shallC permitof aEy§ 18.2-270.1 or (b) any such person ordered to operateuse a commercialremote motoralcohol vehiclemonitoring device pursuant to subsection E of § 18.2-270.1 who has a functioning, certified ignition interlock system as definedrequired inby thelaw Virginiamay Commercialbe Driver'sissued Licensea Actrestricted (§permit 46.2-341.1to etoperate seq.).a motor vehicle for any lawful purpose.

TheNo courtrestricted shall order the surrender of such person's license toissued operatepursuant a motor vehicle to bethis disposedsubsection ofshall inpermit accordanceany withperson the provisions of § 46.2-398 and shall forward to theoperate Commissioner of the Department of Motor Vehicles a copycommercial ofmotor itsvehicle orderas entereddefined pursuantin to this regarding the personVirginia toCommercial whomDriver's suchLicense aAct permit(§ is46.2-341.1 issuedet asseq.). is reasonably necessary to identify such person.

The court shall order the surrender of such person's license to operate a motor vehicle to be disposed of in accordance with the provisions of § 46.2-398 and shall forward to the Commissioner of the Department of Motor Vehicles a copy of its order entered pursuant to this subsection, which shall specifically enumerate the restrictions imposed and contain such information regarding the person to whom such a permit is issued as is reasonably necessary to identify such person.

A copyHofcopy of such order and, after receipt thereof, the restricted license shall be carried at all times while operating a motor vehicle.

Any person who operates a motor vehicle in violation of any restrictions imposed pursu3ntpursuant to this section is guilty of a violation of § 18.2-272.

Such restricted license shall be condition0dconditioned upon enrollment within 15 days in, and successful completion of, a program as described in subsectioRsubsection A.

No restricted license shall be issued during the first four months of a revocation imposed pursuant to subsection B of § 18.2-271 or subsection A of § 46.2-391 for a second offense of the type described first year of a revocation imposed pursuant to subsection B of § 18.2-271 or subsection A of § 46.2-391 the for a second offense of the type described therein committed within five10 years of a first such offense.

No restricted license shall be issued during the first year of a revocation imposed pursuant to subsection B of § 18.2-271 or subsection A of § 46.2-391 for a second offense of the type described therein committed within five years of a first such offense.

Forty dollars of such reinstatement fee shall be retained by the Department of Motor Vehicles as provided in § 46.2-411, $40 shall be transferred to the Commission on VASAP, and $25 shall be transferred to the Commonwealth Neurotrauma Initiative Trust Fund.

Such notice shall be made by first-class mail to the last known address of such person, and shall direct such person to appear before the court in response thereto on a date contained in such notice, which shall not be less than 10 days from the date of mailing of the notice.

For the purposes of this section, any court which that has convicted a person of a violation of § 18.2-266, subsection A of § 46.2-341.24 or, any ordinance of a county, city, or town similar to the provisions of § 18.2-266, or any reckless driving violation under Article 7 (§ 46.2-852 et seq.) of Chapter 8 of Title 46.2 and such person was initially charged with a violation of § 18.2-266, subsection A of § 46.2-341.24, or any ordinance of a county, city, or town similar to the provisions of § 18.2-266 shall have continuing jurisdiction over such person during any period of license revocation related to that conviction, for the limited purposes of (i) referring such person to a certified alcohol safety action program, (ii) providing for a restricted permit for such person in accordance with the provisions of subsection E, and (iii) imposing terms, conditions and limitations for actions taken pursuant to clauses (i) and (ii), whether or not it took either such action at the time of the conviction.

This continuing of 5 jurisdiction is subject to the limitations of subsection E that provide that no restricted license shall be issued during a revocation imposed pursuant to subsection C of § 18.2-271 or subsection B of § 46.2-391 or during the first four months or first year, whichever is applicable, of the revocation imposed pursuant to subsection B of § 18.2-271 or subsection A of § 46.2-391.

The provisions of this subsection shall apply to a person convicted of a violation of § 18.2-266, subsection A of § 46.2-341.24 or, any ordinance of a county, city, or town similar to the provisions of § 18.2-266, or any reckless driving violation under Article 7 (§ 46.2-852 et seq.) of Chapter 8 of Title 46.2 and such person was initially charged with a violation of § 18.2-266, subsection A of § 46.2-341.24, or any ordinance of a of 4 county, city, or town similar to the provisions of § 18.2-266 on, after and at any time prior to July 1, 2003.

The court shall order the surrender of such person's license to operate a motor vehicle to be disposed of 5in accordance with the provisions of § 46.2-398 and shall forward to the Commissioner a copy of its order entered pursuant to this subsection, which shallallshall specifically enumerate the restrictions imposed and contain such information regarding the person to whom such a permit is issued as is reasonably necessary to identify such person.

The court shall also provide a copy of its order to the person who may operate a motor vehicle on the order until receipt from the Commissioner of a restricted license.

A copy of such order and, after receipt thereof, thetthe restricted license shall be carried at all times while operating a motor vehicle.

Any person whOwho operates a motor vehicle in violation of any restrictions imposed pursuant to this section shall be punished as provided in subsection C of § 46.2-301.

No restricted license issued pursuant to this section shall permit any person to operate a commercial motor vehicle as defined in the Virginia Commercial Driver'sLDriver's License Act (§ 46.2-341.1 et seq.).