SB 798

            
2020 SESSION

20100954D

SENATE BILL NO. 798


Offered January 8, 2020


Prefiled January 8, 2020

A BILL to amend and reenact � 18.2-272 of the Code of 
 Virginia, relating to driving after forfeiture of license.
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Patrons-- Morrissey; Delegates: Bourne, Hope and Samirah

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Referred to Committee on the Judiciary

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Be it enacted by the General Assembly of Virginia:
 
 
1. That � 18.2-272 of the Code of Virginia is amended and 
 reenacted as follows:
 
 
� 18.2-272. Driving after forfeiture of license.
 
 
A. Any person who drives or operates any motor vehicle on any highway, as defined in � 46.2-100, in the 
 Commonwealth, or any 
 engine or train in the Commonwealth, 
 during the time for which he was deprived of the right to do so (i) upon 
 conviction of a violation of � 18.2-268.3 or 46.2-341.26:3 or of an offense set 
 forth in subsection E of � 18.2-270, (ii) by � 18.2-271 or 46.2-391.2, (iii) 
 after his license has been revoked pursuant to � 46.2-389 or 46.2-391, or (iv) 
 in violation of the terms of a restricted license issued pursuant to subsection 
 E of � 18.2-271.1, is guilty of a Class 1 misdemeanor except as otherwise 
 provided in � 46.2-391, and is subject to administrative revocation of his 
 drivers license pursuant to �� 46.2-389 and 46.2-391. Any person convicted of 
 three violations of this section committed within a 10-year period is guilty of 
 a Class 6 felony.
 
 
Nothing in this section or � 18.2-266, 18.2-270, or 18.2-271 
 shall be construed as conflicting with or repealing any ordinance or resolution 
 of any county, 
 city, or town 
 or county which that 
 restricts still further the right of such persons to drive or operate any such 
 vehicle or conveyance.
 
 
B. Regardless of compliance with any other restrictions on his 
 privilege to drive or operate a motor vehicle, it shall be a violation of this 
 section for any person whose privilege to drive or operate a motor vehicle has 
 been restricted, suspended or revoked because of a violation of � 18.2-36.1, 
 18.2-51.4, 18.2-266, 18.2-268.3, 46.2-341.24, or 46.2-341.26:3 or a similar 
 ordinance or law of another state or the United States to drive or operate a 
 motor vehicle on any highway, 
 as defined in � 46.2-100, in the Commonwealth while he has 
 a blood alcohol content of 0.02 percent or more.
 
 
Any person suspected of a violation of this subsection shall 
 be entitled to a preliminary breath test in accordance with the provisions of � 
 18.2-267, shall be deemed to have given his implied consent to have samples of 
 his blood, breath or both taken for analysis pursuant to the provisions of � 
 18.2-268.2, and, when charged with a violation of this subsection, shall be 
 subject to the provisions of �� 18.2-268.1 through 18.2-268.12.
 
 
C. Any person who drives or operates a motor vehicle on any highway, as defined in � 46.2-100, in the 
 Commonwealth without a certified ignition interlock system 
 as required by � 46.2-391.01 is guilty of a Class 1 misdemeanor and is subject 
 to administrative revocation of his drivers license pursuant to �� 46.2-389 
 and 46.2-391.