HB 667

            
2020 SESSION

20100534D

HOUSE BILL NO. 667


Offered January 8, 2020


Prefiled January 6, 2020

A BILL to amend and reenact � 46.2-357 of the Code of 
 Virginia, relating to habitual offenders; driving while intoxicated.
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Patron-- Mullin

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Referred to Committee on Transportation

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Be it enacted by the General Assembly of Virginia:
 
 
1. That � 46.2-357 of the Code of Virginia is amended and 
 reenacted as follows:
 
 
� 46.2-357. Operation of motor vehicle or self-propelled 
 machinery or equipment by habitual offender prohibited; penalty; enforcement of 
 section.
 
 
A. It shall be unlawful for any person determined or 
 adjudicated an habitual offender to drive any motor vehicle or self-propelled 
 machinery or equipment on the highways of the Commonwealth while the revocation 
 of the persons driving privilege remains in effect. However, the revocation 
 determination shall not prohibit the person from operating any farm tractor on 
 the highways when it is necessary to move the tractor from one tract of land 
 used for agricultural purposes to another tract of land used for agricultural 
 purposes, provided that the distance between the said tracts of land is no more 
 than five miles.
 
 
B. Except as provided in subsection D, any person found to be 
 an habitual offender under this article, who is thereafter convicted of driving 
 a motor vehicle or self-propelled machinery or equipment in the Commonwealth 
 while the revocation determination is in effect, shall be punished as follows:
 
 
1. If such driving does not of itself endanger the life, limb, 
 or property of another, such person shall be guilty of a Class 1 misdemeanor 
 punishable by a mandatory minimum term of confinement in jail of 10 days except 
 in cases wherein such operation is necessitated in situations of apparent 
 extreme emergency that require such operation to save life or limb, the 
 sentence, or any part thereof, may be suspended.
 
 
2. If such driving of itself endangers the life, limb, or 
 property of another or takes place while such person is in violation of �� � 
 18.2-36.1, or 
 18.2-51.4, 18.2-266 or � 46.2-341.24, 
 irrespective of whether the driving of itself endangers the life, limb or 
 property of another and the person has been previously convicted of a violation 
 of �� 18.2-36.1, 18.2-51.4, 18.2-266 or � 46.2-341.24, such person shall be guilty of a felony punishable by 
 confinement in a state correctional facility for not less than one year nor 
 more than five years, one year of which shall be a mandatory minimum term of 
 confinement or, in the discretion of the jury or the court trying the case 
 without a jury, by mandatory minimum confinement in jail for a period of 12 
 months. However, in cases wherein such operation is necessitated in situations 
 of apparent extreme emergency that require such operation to save life or limb, 
 the sentence, or any part thereof, may be suspended. For the purposes of this 
 section, an offense in violation of a valid local ordinance, or law of any 
 other jurisdiction, which ordinance or law is substantially similar to any 
 provision of law herein shall be considered an offense in violation of such 
 provision of law.
 
 
3. If the offense of driving while a determination as an 
 habitual offender is in effect is a second or subsequent such offense, such 
 person shall be punished as provided in subdivision 2 of this subsection, 
 irrespective of whether the offense, of itself, endangers the life, limb, or 
 property of another.
 
 
C. For the purpose of enforcing this section, in any case in 
 which the accused is charged with driving a motor vehicle or self-propelled 
 machinery or equipment while his license, permit, or privilege to drive is 
 suspended or revoked or is charged with driving without a license, the court 
 before hearing the charge shall determine whether the person has been 
 determined an habitual offender and, by reason of this determination, is barred 
 from driving a motor vehicle or self-propelled machinery or equipment on the 
 highways in the Commonwealth. If the court determines the accused has been 
 determined to be an habitual offender and finds there is probable cause that 
 the alleged offense under this section is a felony, it shall certify the case 
 to the circuit court of its jurisdiction for trial.
 
 
D. Notwithstanding the provisions of subdivisions 2 and 3 of 
 subsection B, following conviction and prior to imposition of sentence with the 
 consent of the defendant, the court may order the defendant to be evaluated for 
 and to participate in the community corrections alternative program pursuant to 
 � 19.2-316.4.