HB 660

            
2020 SESSION


20106737D

HOUSE BILL NO. 660

AMENDMENT IN THE NATURE OF A SUBSTITUTE

(Proposed by the House Committee for Courts of Justice

on February 5, 2020)

(Patrons Prior to Substitute--Delegates Mullin and Cole, M.L.
[HB 1592])

A BILL to amend and reenact � 19.2-303.2 of the Code of
Virginia, relating to deferred dispositions; property crimes; larceny and
receiving stolen goods.

Be it enacted by the General Assembly of Virginia:

1. That � 19.2-303.2 of the Code of Virginia is amended and
reenacted as follows:

� 19.2-303.2. Persons charged with first offense may be placed
on probation.

Whenever any person who has not previously been convicted of
any felony pleads guilty to or enters a plea of not guilty to any crime against
property constituting a misdemeanor, under Articles Article 3 (�
18.2-95 et seq.), 5 (� 18.2-119 et seq.) except for a violation of �
18.2-130 or 18.2-130.1, 6 (� 18.2-137 et seq.), 7 and (�
18.2-144 et seq.), or 8 (� 18.2-153 et seq.) of Chapter 5 (�
18.2-119 et seq.) of Title 18.2, the court, upon such plea if the facts
found by the court would justify a finding of guilt, without entering a
judgment of guilt and with the consent of the accused, may defer further
proceedings and place him on probation subject to terms and conditions, which
may include restitution for losses caused, set by the court. If the court
defers further proceedings for an offense that is required to be reported to
the Central Criminal Records Exchange pursuant to � 19.2-390, at that time the
court shall determine whether the clerk of court has been provided with the
fingerprint identification information or fingerprints of the accused, taken by
a law-enforcement officer pursuant to � 19.2-390, and, if not, shall order that
the fingerprints and photograph of the accused be taken by a law-enforcement
officer. Upon violation of a term or condition, the court may enter an
adjudication of guilt and proceed as otherwise provided. Upon fulfillment of
the terms and conditions, and upon determining that the clerk of court has been
provided with the fingerprint identification information or fingerprints of
such person for an offense that is required to be reported to the Central
Criminal Records Exchange pursuant to � 19.2-390, the court shall discharge the
person and dismiss the proceedings against him. Discharge and dismissal under
this section shall be without adjudication of guilt and is a conviction only
for the purpose of applying this section in subsequent proceedings.