Be it enacted by the General Assembly of Virginia:
1. That §§16.1-228, 16.1-260, 16.1-273, 18.2-250.1, 18.2-251, 18.2-251.02, 18.2-251.03, 18.2-252, 18.2-254, 18.2-259.1, 18.2-308.09, 18.2-308.1:5, 19.2-188.1, and 46.2-390.1 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 18.2-250.2 as follows:
§16.1-228. Definitions.
When used in this chapter, unless the context otherwise requires:
"Abused or neglected child" means any child:
1. Whose parents or other person responsible for his care creates or inflicts, threatens to create or inflict, or allows to be created or inflicted upon such child a physical or mental injury by other than accidental means, or creates a substantial risk of death, disfigurement or impairment of bodily or mental functions, including, but not limited to, a child who is with his parent or other person responsible for his care either (i) during the manufacture or attempted manufacture of a Schedule I or II controlled substance, or (ii) during the unlawful sale of such substance by that child's parents or other person responsible for his care, where such manufacture, or attempted manufacture or unlawful sale would constitute a felony violation of § 18.2-248;
2. Whose parents or other person responsible for his care neglects or refuses to provide care necessary for his health; however, no child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination shall for that reason alone be considered to be an abused or neglected child;
3. Whose parents or other person responsible for his care abandons such child;
4. Whose parents or other person responsible for his care commits or allows to be committed any sexual act upon a child in violation of the law;
5. Who is without parental care or guardianship caused by the unreasonable absence or the mental or physical incapacity of the child's parent, guardian, legal custodian, or other person standing in loco parentis;
6. Whose parents or other person responsible for his care creates a substantial risk of physical or mental injury by knowingly leaving the child alone in the same dwelling, including an apartment as defined in § 55-79.2, with a person to whom the child is not related by blood or marriage and who the parent or other person responsible for his care knows has been convicted of an offense against a minor for which registration is required as a violent sexual offender pursuant to §9.1-902; or
7. Who has been identified as a victim of sex trafficking or severe forms of trafficking as defined in the Trafficking Victims Protection Act of 2000, 22 U.S.C §7102 et seq., and in the Justice for Victims of Trafficking Act of 2015, 42 U.S.C. §5101 et seq.
If a civil proceeding under this chapter is based solely on the parent having left the child at a hospital or emergency medical services agency, it shall be an affirmative defense that such parent safely delivered the child to a hospital that provides 24-hour emergency services or to an attended emergency medical services agency that employs emergency medical services personnel, within 14 days of the child's birth. For purposes of terminating parental rights pursuant to §16.1-283 and placement for adoption, the court may find such a child is a neglected child upon the ground of abandonment.
"Adoptive home" means the place of residence of any natural person in which a child resides as a member of the household and in which he has been placed for the purposes of adoption or in which he has been legally adopted by another member of the household.
"Adult" means a person 18 years of age or older.
"Ancillary crime" or "ancillary charge"
means any delinquent act committed by a juvenile as a part of the same act or
transaction as, or which constitutes a part of a common scheme or plan with, a
delinquent act which that would be a felony if committed by an
adult.
"Boot camp" means a short term short-term
secure or nonsecure juvenile residential facility with highly structured
components, including, but not limited to, military style drill and
ceremony, physical labor, education and rigid discipline, and no less than six
months of intensive aftercare.
"Child," "juvenile," or "minor"
means a person less younger than 18 years of age.
"Child in need of services" means (i) a child whose behavior, conduct or condition presents or results in a serious threat to the well-being and physical safety of the child or (ii) a child under the age of 14 whose behavior, conduct or condition presents or results in a serious threat to the well-being and physical safety of another person; however, no child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination shall for that reason alone be considered to be a child in need of services, nor shall any child who habitually remains away from or habitually deserts or abandons his family as a result of what the court or the local child protective services unit determines to be incidents of physical, emotional or sexual abuse in the home be considered a child in need of services for that reason alone.
However, to find that a child falls within these provisions, (i) the conduct complained of must present a clear and substantial danger to the child's life or health or to the life or health of another person, (ii) the child or his family is in need of treatment, rehabilitation or services not presently being received, and (iii) the intervention of the court is essential to provide the treatment, rehabilitation or services needed by the child or his family.
"Child in need of supervision" means:
1. A child who, while subject to compulsory school attendance, is habitually and without justification absent from school, and (i) the child has been offered an adequate opportunity to receive the benefit of any and all educational services and programs that are required to be provided by law and which meet the child's particular educational needs, (ii) the school system from which the child is absent or other appropriate agency has made a reasonable effort to effect the child's regular attendance without success, and (iii) the school system has provided documentation that it has complied with the provisions of §22.1-258; or
2. A child who, without reasonable cause and without the consent of his parent, lawful custodian or placement authority, remains away from or deserts or abandons his family or lawful custodian on more than one occasion or escapes or remains away without proper authority from a residential care facility in which he has been placed by the court, and (i) such conduct presents a clear and substantial danger to the child's life or health, (ii) the child or his family is in need of treatment, rehabilitation or services not presently being received, and (iii) the intervention of the court is essential to provide the treatment, rehabilitation or services needed by the child or his family.
"Child welfare agency" means a child-placing agency, child-caring institution or independent foster home as defined in §63.2-100.
"The court" or the "juvenile court" or the "juvenile and domestic relations district court" means the juvenile and domestic relations district court of each county or city.
"Delinquent act" means (i) an act designated a crime
under the law of the Commonwealth, or an ordinance of any city, county, town,
or service district, or under federal law, (ii) a violation of §18.2-308.7, or
(iii) a violation of a court order as provided for in §16.1-292, but shall
does not include an act other than a violation of §18.2-308.7, which is
otherwise lawful, but is designated a crime only if committed by a child. For
purposes of §§16.1-241 and 16.1-278.9, the term shall include"delinquent
act" includes a refusal to take a breath test in violation of §
18.2-268.2 or a similar ordinance of any county, city, or town. For purposes
of §§16.1-241, 16.1-273, 16.1-278.8, 16.1-278.8:01, and 16.1-278.9,
"delinquent act" includes a violation of §18.2-250.1.
"Delinquent child" means a child who has committed a delinquent act or an adult who has committed a delinquent act prior to his 18th birthday, except where the jurisdiction of the juvenile court has been terminated under the provisions of §16.1-269.6.
"Department" means the Department of Juvenile Justice and "Director" means the administrative head in charge thereof or such of his assistants and subordinates as are designated by him to discharge the duties imposed upon him under this law.
"Family abuse" means any act involving violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury and that is committed by a person against such person's family or household member. Such act includes, but is not limited to, any forceful detention, stalking, criminal sexual assault in violation of Article 7 (§18.2-61 et seq.) of Chapter 4 of Title 18.2, or any criminal offense that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury.
"Family or household member" means (i) the person's spouse, whether or not he or she resides in the same home with the person, (ii) the person's former spouse, whether or not he or she resides in the same home with the person, (iii) the person's parents, stepparents, children, stepchildren, brothers, sisters, half-brothers, half-sisters, grandparents and grandchildren, regardless of whether such persons reside in the same home with the person, (iv) the person's mother-in-law, father-in-law, sons-in-law, daughters-in-law, brothers-in-law and sisters-in-law who reside in the same home with the person, (v) any individual who has a child in common with the person, whether or not the person and that individual have been married or have resided together at any time, or (vi) any individual who cohabits or who, within the previous 12 months, cohabited with the person, and any children of either of them then residing in the same home with the person.
"Foster care services" means the provision of a full range of casework, treatment and community services for a planned period of time to a child who is abused or neglected as defined in §63.2-100 or in need of services as defined in this section and his family when the child (i) has been identified as needing services to prevent or eliminate the need for foster care placement, (ii) has been placed through an agreement between the local board of social services or a public agency designated by the community policy and management team and the parents or guardians where legal custody remains with the parents or guardians, (iii) has been committed or entrusted to a local board of social services or child welfare agency, or (iv) has been placed under the supervisory responsibility of the local board pursuant to §16.1-293.
"Independent living arrangement" means placement of (i) a child at least 16 years of age who is in the custody of a local board or licensed child-placing agency by the local board or licensed child-placing agency or (ii) a child at least 16 years of age or a person between the ages of 18 and 21 who was committed to the Department of Juvenile Justice immediately prior to placement by the Department of Juvenile Justice, in a living arrangement in which such child or person does not have daily substitute parental supervision.
"Independent living services" means services and
activities provided to a child in foster care 14 years of age or older and who
has been committed or entrusted to a local board of social services, child
welfare agency, or private child-placing agency. "Independent living
services" may also mean services and activities provided to a person who
(i) was in foster care on his 18th birthday and has not yet reached the age of
21 years; (ii) is between the ages of 18 and 21 and who, immediately prior to
his commitment to the Department of Juvenile Justice, was in the custody of a
local board of social services; or (iii) is a child at least 16 years of age or
a person between the ages of 18 and 21 who was committed to the Department of
Juvenile Justice immediately prior to placement in an independent living
arrangement. Such services shall include "Independent living
services" includes counseling, education, housing, employment, and
money management skills development and access to essential documents and other
appropriate services to help children or persons prepare for self-sufficiency.
"Intake officer" means a juvenile probation officer appointed as such pursuant to the authority of this chapter.
"Jail" or "other facility designed for the detention of adults" means a local or regional correctional facility as defined in §53.1-1, except those facilities utilized on a temporary basis as a court holding cell for a child incident to a court hearing or as a temporary lock-up room or ward incident to the transfer of a child to a juvenile facility.
"The judge" means the judge or the substitute judge of the juvenile and domestic relations district court of each county or city.
"This law" or "the law" means the Juvenile and Domestic Relations District Court Law embraced in this chapter.
"Legal custody" means (i) a legal status created by court order which vests in a custodian the right to have physical custody of the child, to determine and redetermine where and with whom he shall live, the right and duty to protect, train and discipline him and to provide him with food, shelter, education and ordinary medical care, all subject to any residual parental rights and responsibilities or (ii) the legal status created by court order of joint custody as defined in §20-107.2.
"Permanent foster care placement" means the place of residence in which a child resides and in which he has been placed pursuant to the provisions of §§63.2-900 and 63.2-908 with the expectation and agreement between the placing agency and the place of permanent foster care that the child shall remain in the placement until he reaches the age of majority unless modified by court order or unless removed pursuant to §16.1-251 or 63.2-1517. A permanent foster care placement may be a place of residence of any natural person or persons deemed appropriate to meet a child's needs on a long-term basis.
"Residual parental rights and responsibilities" means all rights and responsibilities remaining with the parent after the transfer of legal custody or guardianship of the person, including but not limited to the right of visitation, consent to adoption, the right to determine religious affiliation and the responsibility for support.
"Secure facility" or "detention home" means a local, regional or state public or private locked residential facility that has construction fixtures designed to prevent escape and to restrict the movement and activities of children held in lawful custody.
"Shelter care" means the temporary care of children in physically unrestricting facilities.
"State Board" means the State Board of Juvenile Justice.
"Status offender" means a child who commits an act prohibited by law which would not be criminal if committed by an adult.
"Status offense" means an act prohibited by law which would not be an offense if committed by an adult.
"Violent juvenile felony" means any of the delinquent acts enumerated in subsection B or C of §16.1-269.1 when committed by a juvenile 14 years of age or older.
§16.1-260. Intake; petition; investigation.
A. All matters alleged to be within the jurisdiction of the court shall be commenced by the filing of a petition, except as provided in subsection H and in §16.1-259. The form and content of the petition shall be as provided in §16.1-262. No individual shall be required to obtain support services from the Department of Social Services prior to filing a petition seeking support for a child. Complaints, requests, and the processing of petitions to initiate a case shall be the responsibility of the intake officer. However, (i) the attorney for the Commonwealth of the city or county may file a petition on his own motion with the clerk; (ii) designated nonattorney employees of the Department of Social Services may complete, sign, and file petitions and motions relating to the establishment, modification, or enforcement of support on forms approved by the Supreme Court of Virginia with the clerk; (iii) designated nonattorney employees of a local department of social services may complete, sign, and file with the clerk, on forms approved by the Supreme Court of Virginia, petitions for foster care review, petitions for permanency planning hearings, petitions to establish paternity, motions to establish or modify support, motions to amend or review an order, and motions for a rule to show cause; and (iv) any attorney may file petitions on behalf of his client with the clerk except petitions alleging that the subject of the petition is a child alleged to be in need of services, in need of supervision, or delinquent. Complaints alleging abuse or neglect of a child shall be referred initially to the local department of social services in accordance with the provisions of Chapter 15 (§63.2-1500 et seq.) of Title 63.2. Motions and other subsequent pleadings in a case shall be filed directly with the clerk. The intake officer or clerk with whom the petition or motion is filed shall inquire whether the petitioner is receiving child support services or public assistance. No individual who is receiving support services or public assistance shall be denied the right to file a petition or motion to establish, modify, or enforce an order for support of a child. If the petitioner is seeking or receiving child support services or public assistance, the clerk, upon issuance of process, shall forward a copy of the petition or motion, together with notice of the court date, to the Division of Child Support Enforcement.
B. The appearance of a child before an intake officer may be by (i) personal appearance before the intake officer or (ii) use of two-way electronic video and audio communication. If two-way electronic video and audio communication is used, an intake officer may exercise all powers conferred by law. All communications and proceedings shall be conducted in the same manner as if the appearance were in person, and any documents filed may be transmitted by facsimile process. The facsimile may be served or executed by the officer or person to whom sent, and returned in the same manner, and with the same force, effect, authority, and liability as an original document. All signatures thereon shall be treated as original signatures. Any two-way electronic video and audio communication system used for an appearance shall meet the standards as set forth in subsection B of §19.2-3.1.
When the court service unit of any court receives a complaint alleging facts which may be sufficient to invoke the jurisdiction of the court pursuant to §16.1-241, the unit, through an intake officer, may proceed informally to make such adjustment as is practicable without the filing of a petition or may authorize a petition to be filed by any complainant having sufficient knowledge of the matter to establish probable cause for the issuance of the petition.
An intake officer may proceed informally on a complaint
alleging a child is in need of services, in need of supervision, or delinquent
only if the juvenile (i) (a) is not alleged to have committed a
violent juvenile felony or (ii) (b) has not previously been
proceeded against informally or adjudicated delinquent for an offense that
would be a felony if committed by an adult. A petition alleging that a juvenile
committed a violent juvenile felony shall be filed with the court. A petition
alleging that a juvenile is delinquent for an offense that would be a felony if
committed by an adult shall be filed with the court if the juvenile had
previously been proceeded against informally by intake or had been adjudicated
delinquent for an offense that would be a felony if committed by an adult.
If a juvenile is alleged to be a truant pursuant to a
complaint filed in accordance with §22.1-258 and the attendance officer has
provided documentation to the intake officer that the relevant school division
has complied with the provisions of §22.1-258, then the intake officer shall
file a petition with the court. The intake officer may defer filing the
complaint for 90 days and proceed informally by developing a truancy plan,
provided that (a) (1) the juvenile has not previously been
proceeded against informally or adjudicated in need of supervision on more than
two occasions for failure to comply with compulsory school attendance as
provided in §22.1-254 and (b) (2) the immediately previous
informal action or adjudication occurred at least three calendar years prior to
the current complaint. The juvenile and his parent or parents, guardian, or
other person standing in loco parentis must agree, in writing, for the
development of a truancy plan. The truancy plan may include requirements that
the juvenile and his parent or parents, guardian, or other person standing in
loco parentis participate in such programs, cooperate in such treatment, or be
subject to such conditions and limitations as necessary to ensure the
juvenile's compliance with compulsory school attendance as provided in §
22.1-254. The intake officer may refer the juvenile to the appropriate public
agency for the purpose of developing a truancy plan using an interagency
interdisciplinary team approach. The team may include qualified personnel who
are reasonably available from the appropriate department of social services,
community services board, local school division, court service unit, and other
appropriate and available public and private agencies and may be the family
assessment and planning team established pursuant to §2.2-5207. If at the end
of the 90-day period the juvenile has not successfully completed the truancy
plan or the truancy program, then the intake officer shall file the petition.
Whenever informal action is taken as provided in this
subsection on a complaint alleging that a child is in need of services, in need
of supervision, or delinquent, the intake officer shall (1) (A)
develop a plan for the juvenile, which may include restitution and the
performance of community service, based upon community resources and the
circumstances which resulted in the complaint, (2) (B) create an
official record of the action taken by the intake officer and file such record
in the juvenile's case file, and (3) (C) advise the juvenile and
the juvenile's parent, guardian, or other person standing in loco parentis and
the complainant that any subsequent complaint alleging that the child is in
need of supervision or delinquent based upon facts which may be sufficient to
invoke the jurisdiction of the court pursuant to §16.1-241 will result in the
filing of a petition with the court.
C. The intake officer shall accept and file a petition in which it is alleged that (i) the custody, visitation, or support of a child is the subject of controversy or requires determination, (ii) a person has deserted, abandoned, or failed to provide support for any person in violation of law, (iii) a child or such child's parent, guardian, legal custodian, or other person standing in loco parentis is entitled to treatment, rehabilitation, or other services which are required by law, (iv) family abuse has occurred and a protective order is being sought pursuant to §16.1-253.1, 16.1-253.4, or 16.1-279.1, or (v) an act of violence, force, or threat has occurred, a protective order is being sought pursuant to §19.2-152.8, 19.2-152.9, or 19.2-152.10, and either the alleged victim or the respondent is a juvenile. If any such complainant does not file a petition, the intake officer may file it. In cases in which a child is alleged to be abused, neglected, in need of services, in need of supervision, or delinquent, if the intake officer believes that probable cause does not exist, or that the authorization of a petition will not be in the best interest of the family or juvenile or that the matter may be effectively dealt with by some agency other than the court, he may refuse to authorize the filing of a petition. The intake officer shall provide to a person seeking a protective order pursuant to § 16.1-253.1, 16.1-253.4, or 16.1-279.1 a written explanation of the conditions, procedures and time limits applicable to the issuance of protective orders pursuant to §16.1-253.1, 16.1-253.4, or 16.1-279.1. If the person is seeking a protective order pursuant to §19.2-152.8, 19.2-152.9, or 19.2-152.10, the intake officer shall provide a written explanation of the conditions, procedures, and time limits applicable to the issuance of protective orders pursuant to §19.2-152.8, 19.2-152.9, or 19.2-152.10.
D. Prior to the filing of any petition alleging that a child is in need of supervision, the matter shall be reviewed by an intake officer who shall determine whether the petitioner and the child alleged to be in need of supervision have utilized or attempted to utilize treatment and services available in the community and have exhausted all appropriate nonjudicial remedies which are available to them. When the intake officer determines that the parties have not attempted to utilize available treatment or services or have not exhausted all appropriate nonjudicial remedies which are available, he shall refer the petitioner and the child alleged to be in need of supervision to the appropriate agency, treatment facility, or individual to receive treatment or services, and a petition shall not be filed. Only after the intake officer determines that the parties have made a reasonable effort to utilize available community treatment or services may he permit the petition to be filed.
E. If the intake officer refuses to authorize a petition relating to an offense that if committed by an adult would be punishable as a Class 1 misdemeanor or as a felony, the complainant shall be notified in writing at that time of the complainant's right to apply to a magistrate for a warrant. If a magistrate determines that probable cause exists, he shall issue a warrant returnable to the juvenile and domestic relations district court. The warrant shall be delivered forthwith to the juvenile court, and the intake officer shall accept and file a petition founded upon the warrant. If the court is closed and the magistrate finds that the criteria for detention or shelter care set forth in §16.1-248.1 have been satisfied, the juvenile may be detained pursuant to the warrant issued in accordance with this subsection. If the intake officer refuses to authorize a petition relating to a child in need of services or in need of supervision, a status offense, or a misdemeanor other than Class 1, his decision is final.
Upon delivery to the juvenile court of a warrant issued pursuant to subdivision 2 of §16.1-256, the intake officer shall accept and file a petition founded upon the warrant.
F. The intake officer shall notify the attorney for the Commonwealth of the filing of any petition which alleges facts of an offense which would be a felony if committed by an adult.
G. Notwithstanding the provisions of Article 12 (§16.1-299 et seq.), the intake officer shall file a report with the division superintendent of the school division in which any student who is the subject of a petition alleging that such student who is a juvenile has committed an act, wherever committed, which would be a crime if committed by an adult, or that such student who is an adult has committed a crime and is alleged to be within the jurisdiction of the court. The report shall notify the division superintendent of the filing of the petition and the nature of the offense, if the violation involves:
1. A firearm offense pursuant to Article 4 (§18.2-279 et seq.), 5 (§18.2-288 et seq.), 6 (§18.2-299 et seq.), 6.1 (§18.2-307.1 et seq.), or 7 (§18.2-308.1 et seq.) of Chapter 7 of Title 18.2;
2. Homicide, pursuant to Article 1 (§18.2-30 et seq.) of Chapter 4 of Title 18.2;
3. Felonious assault and bodily wounding, pursuant to Article 4 (§18.2-51 et seq.) of Chapter 4 of Title 18.2;
4. Criminal sexual assault, pursuant to Article 7 (§18.2-61 et seq.) of Chapter 4 of Title 18.2;
5. Manufacture, sale, gift, distribution or possession of Schedule I or II controlled substances, pursuant to Article 1 (§18.2-247 et seq.) of Chapter 7 of Title 18.2;
6. Manufacture, sale or distribution of marijuana pursuant to Article 1 (§18.2-247 et seq.) of Chapter 7 of Title 18.2;
7. Arson and related crimes, pursuant to Article 1 (§18.2-77 et seq.) of Chapter 5 of Title 18.2;
8. Burglary and related offenses, pursuant to §§18.2-89 through 18.2-93;
9. Robbery pursuant to §18.2-58;
10. Prohibited criminal street gang activity pursuant to § 18.2-46.2;
11. Recruitment of other juveniles for a criminal street gang activity pursuant to §18.2-46.3;
12. An act of violence by a mob pursuant to §18.2-42.1; or
13. Abduction of any person pursuant to §18.2-47 or 18.2-48.
The failure to provide information regarding the school in which the student who is the subject of the petition may be enrolled shall not be grounds for refusing to file a petition.
The information provided to a division superintendent pursuant to this section may be disclosed only as provided in §16.1-305.2.
H. The filing of a petition shall not be necessary:
1. In the case of violations of the traffic laws, including offenses involving bicycles, hitchhiking and other pedestrian offenses, game and fish laws, or a violation of the ordinance of any city regulating surfing or any ordinance establishing curfew violations, animal control violations, or littering violations. In such cases the court may proceed on a summons issued by the officer investigating the violation in the same manner as provided by law for adults. Additionally, an officer investigating a motor vehicle accident may, at the scene of the accident or at any other location where a juvenile who is involved in such an accident may be located, proceed on a summons in lieu of filing a petition.
2. In the case of seeking consent to apply for the issuance of a work permit pursuant to subsection H of §16.1-241.
3. In the case of a misdemeanor violation of § 18.2-250.1
18.2-250.2, 18.2-266, 18.2-266.1, or 29.1-738, or the commission of any
other alcohol-related offense, or a violation of §18.2-250.1, provided
that the juvenile is released to the custody of a parent or legal guardian
pending the initial court date. The officer releasing a juvenile to the custody
of a parent or legal guardian shall issue a summons to the juvenile and shall
also issue a summons requiring the parent or legal guardian to appear before the
court with the juvenile. Disposition of the charge shall be in the manner
provided in §16.1-278.8, 16.1-278.8:01, or 16.1-278.9. If the juvenile so
charged with a violation of §18.2-51.4, 18.2-266, 18.2-266.1, 18.2-272, or
29.1-738 refuses to provide a sample of blood or breath or samples of both
blood and breath for chemical analysis pursuant to §§18.2-268.1 through
18.2-268.12 or 29.1-738.2, the provisions of these sections shall be followed
except that the magistrate shall authorize execution of the warrant as a
summons. The summons shall be served on a parent or legal guardian and the
juvenile, and a copy of the summons shall be forwarded to the court in which
the violation is to be tried. When a violation of §18.2-250.1 or 18.2-250.2
is charged by summons, the juvenile shall be entitled to have the charge
referred to intake for consideration of informal proceedings pursuant to
subsection B, provided that such right is exercised by written
notification to the clerk not later than 10 days prior to trial. At the time
such summons alleging a violation of §18.2-250.1 or 18.2-250.2 is
served, the officer shall also serve upon the juvenile written notice of the
right to have the charge referred to intake on a form approved by the Supreme
Court and make return of such service to the court. If the officer fails to
make such service or return, the court shall dismiss the summons without
prejudice.
4. In the case of offenses which, if committed by an adult, would be punishable as a Class 3 or Class 4 misdemeanor. In such cases the court may direct that an intake officer proceed as provided in §16.1-237 on a summons issued by the officer investigating the violation in the same manner as provided by law for adults provided that notice of the summons to appear is mailed by the investigating officer within five days of the issuance of the summons to a parent or legal guardian of the juvenile.
I. Failure to comply with the procedures set forth in this section shall not divest the juvenile court of the jurisdiction granted it in § 16.1-241.
§16.1-273. Court may require investigation of social history and preparation of victim impact statement.
A. When a juvenile and domestic relations district court or
circuit court has adjudicated any case involving a child subject to the
jurisdiction of the court hereunder, except for a traffic violation, a
violation of the game and fish law, or a violation of any city ordinance
regulating surfing or establishing curfew violations, the court before final
disposition thereof may require an investigation, which (i) shall include a
drug screening and (ii) may, and for the purposes of subdivision A 14 or A 17
of §16.1-278.8 shall, include a social history of the physical, mental, and
social conditions, including an assessment of any affiliation with a criminal
street gang as defined in §18.2-46.1, and personality of the child and the
facts and circumstances surrounding the violation of law. However, in the case
of a juvenile adjudicated delinquent on the basis of an act committed on or
after January 1, 2000, which would be (a) a felony if committed by an
adult, or (b) a violation under Article 1 (§18.2-247 et seq.) or
Article 1.1 (§18.2-265.1 et seq.) of Chapter 7 of Title 18.2 and such offense
would be punishable as a Class 1 or Class 2 misdemeanor if committed by an
adult, or (c) a violation of §18.2-250.1, the court shall order the
juvenile to undergo a drug screening. If the drug screening indicates that the
juvenile has a substance abuse or dependence problem, an assessment shall be
completed by a certified substance abuse counselor as defined in §54.1-3500
employed by the Department of Juvenile Justice or by a locally operated court
services unit or by an individual employed by or currently under contract to
such agencies and who is specifically trained to conduct such assessments under
the supervision of such counselor.
B. The court also shall, on motion of the attorney for the Commonwealth with the consent of the victim, or may in its discretion, require the preparation of a victim impact statement in accordance with the provisions of §19.2-299.1 if the court determines that the victim may have suffered significant physical, psychological, or economic injury as a result of the violation of law.
§18.2-250.1. Possession of marijuana unlawful.
A. It is unlawful for any person knowingly or intentionally to possess marijuana unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by the Drug Control Act (§54.1-3400 et seq.). The attorney for the Commonwealth or the county, city, or town attorney may prosecute such a case.
Upon the prosecution of a person for violation of this section, ownership or occupancy of the premises or vehicle upon or in which marijuana was found shall not create a presumption that such person either knowingly or intentionally possessed such marijuana.
Any person who violates this section is guilty of a
misdemeanor and shall be confined in jail not more than 30 days and fined not
subject to a civil penalty of no more than $500, either or both; any
person, upon a second or subsequent conviction of a violation of this section,
is guilty of a Class 1 misdemeanor $150. Any civil penalties
collected pursuant to this section shall be deposited into the Drug Offender
Assessment and Treatment Fund established pursuant to §18.2-251.02.
B. Any violation of this section may be charged by summons. On a form prescribed by the Office of the Executive Secretary of the Supreme Court of Virginia, a summons for a violation of this section may be executed by a law-enforcement officer when such violation is observed by such officer. The form shall contain the option for the person charged to prepay the civil penalty and all costs. The clerk of court shall certify and forward to the Central Criminal Records Exchange, on a form provided by the Exchange, a copy of any order finding a person in violation of this section, as soon as practicable but not later than the close of business on the next business day following the day on which the order was entered.
B. C. The provisions of this section shall not
apply to members of state, federal, county, city, or town law-enforcement
agencies, jail officers, or correctional officers, as defined in §53.1-1,
certified as handlers of dogs trained in the detection of controlled substances
when possession of marijuana is necessary for the performance of their duties.
C. D. In any prosecution under this section
involving marijuana in the form of cannabidiol oil or THC-A oil as those terms
are defined in §54.1-3408.3, it shall be an affirmative defense that the
individual possessed such oil pursuant to a valid written certification issued
by a practitioner in the course of his professional practice pursuant to §
54.1-3408.3 for treatment or to alleviate the symptoms of (i) the individual's
diagnosed condition or disease or (ii) if such individual is the parent or
legal guardian of a minor or of an incapacitated adult as defined in §
18.2-369, such minor's or incapacitated adult's diagnosed condition or disease.
If the individual files the valid written certification with the court at least
10 days prior to trial and causes a copy of such written certification to be
delivered to the attorney for the Commonwealth, such written certification
shall be prima facie evidence that such oil was possessed pursuant to a valid
written certification.
§18.2-250.2. Consumption, etc., of marijuana in public or while driving or operating motor vehicles, etc., unlawful; penalty.
A. It is unlawful for any person knowingly or intentionally to smoke, consume, or otherwise ingest marijuana in a public place. Any person who violates this subsection is guilty of a Class 3 misdemeanor.
B. It is unlawful for any person knowingly or intentionally to smoke, consume, or otherwise ingest marijuana while driving or operating a motor vehicle, engine, train, watercraft, or motorboat. Any person who violates this subsection is guilty of a misdemeanor and shall be confined in jail not more than 30 days and fined not more than $500, either or both; any person, upon a second or subsequent conviction of a violation of this subsection, is guilty of a Class 1 misdemeanor.
§18.2-251. Persons charged with first offense may be placed on probation; conditions; substance abuse screening, assessment treatment and education programs or services; drug tests; costs and fees; violations; discharge.
Whenever any person who has not previously been convicted of any
criminal offense under this article or under any statute of the United
States or of any state relating to narcotic drugs, marijuana, or stimulant,
depressant, or hallucinogenic drugs, or has not previously had a proceeding
against him for violation of such an offense dismissed as provided in this
section, pleads guilty to or enters a plea of not guilty to possession of a
controlled substance under §18.2-250 or to possession of marijuana under §
18.2-250.1 a violation of §18.2-250.2, 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 upon terms and conditions.
As a term or condition, the court shall require the accused to undergo a substance abuse assessment pursuant to §18.2-251.01 or 19.2-299.2, as appropriate, and enter treatment and/or education program or services, if available, such as, in the opinion of the court, may be best suited to the needs of the accused based upon consideration of the substance abuse assessment. The program or services may be located in the judicial district in which the charge is brought or in any other judicial district as the court may provide. The services shall be provided by (i) a program licensed by the Department of Behavioral Health and Developmental Services, by a similar program which is made available through the Department of Corrections, (ii) a local community-based probation services agency established pursuant to § 9.1-174, or (iii) an ASAP program certified by the Commission on VASAP.
The court shall require the person entering such program under the provisions of this section to pay all or part of the costs of the program, including the costs of the screening, assessment, testing, and treatment, based upon the accused's ability to pay unless the person is determined by the court to be indigent.
As a condition of probation, the court shall require the
accused (a) to successfully complete treatment or education program or
services, (b) to remain drug and alcohol free during the period of probation
and submit to such tests during that period as may be necessary and appropriate
to determine if the accused is drug and alcohol free, (c) to make reasonable
efforts to secure and maintain employment, and (d) to comply with a plan of at
least 100 hours of community service for a felony and up to 24 hours of
community service for a misdemeanor. In addition to any community service required
by the court pursuant to clause (d), if the court does not suspend or revoke
the accused's license as a term or condition of probation for a violation of §
18.2-250.1 18.2-250.2, the court shall require the accused to comply
with a plan of 50 hours of community service. Such testing shall be conducted
by personnel of the supervising probation agency or personnel of any program or
agency approved by the supervising probation agency.
The court shall, unless done at arrest, order the accused to report to the original arresting law-enforcement agency to submit to fingerprinting.
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, 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 purposes of applying this section in subsequent proceedings.
Notwithstanding any other provision of this section, whenever
a court places an individual on probation upon terms and conditions pursuant to
this section, such action shall be treated as a conviction for purposes of §§
18.2-259.1, 22.1-315, and 46.2-390.1, and the driver's license forfeiture
provisions of those sections shall be imposed. However, if the court places an
individual on probation upon terms and conditions for a violation of §
18.2-250.1 18.2-250.2, such action shall not be treated as a
conviction for purposes of §18.2-259.1 or 46.2-390.1, provided that a court
(1) may suspend or revoke an individual's driver's license as a term or
condition of probation and (2) shall suspend or revoke an individual's driver's
license as a term or condition of probation for a period of six months if the
violation of § 18.2-250.1 18.2-250.2 was committed while such
person was in operation of a motor vehicle. The provisions of this paragraph
shall not be applicable to any offense for which a juvenile has had his license
suspended or denied pursuant to §16.1-278.9 for the same offense.
§18.2-251.02. Drug Offender Assessment and Treatment Fund.
There is hereby established in the state treasury the Drug
Offender Assessment and Treatment Fund which shall consist of moneys received
from (i) fees imposed on certain drug offense convictions pursuant to
§16.1-69.48:3 and subdivisions A 10 and A 11 of §17.1-275 and §
16.1-69.48:3 (ii) civil penalties imposed for violations of §18.2-250.1.
All interest derived from the deposit and investment of moneys in the Fund
shall be credited to the Fund. Any moneys not appropriated by the General
Assembly shall remain in the Drug Offender Assessment and Treatment Fund and
shall not be transferred or revert to the general fund at the end of any fiscal
year. All moneys in the Fund shall be subject to annual appropriation by the
General Assembly to the Department of Corrections, the Department of Juvenile
Justice, and the Commission on VASAP to implement and operate the offender
substance abuse screening and assessment program; the Department of Criminal
Justice Services for the support of community-based probation and local
pretrial services agencies; and the Office of the Executive Secretary of the
Supreme Court of Virginia for the support of drug treatment court programs.
§18.2-251.03. Safe reporting of overdoses.
A. For purposes of this section, "overdose" means a life-threatening condition resulting from the consumption or use of a controlled substance, alcohol, or any combination of such substances.
B. It shall be an affirmative defense to prosecution of an individual for the unlawful purchase, possession, or consumption of alcohol pursuant to §4.1-305, possession of a controlled substance pursuant to § 18.2-250, possession of marijuana pursuant to §18.2-250.1, consumption of marijuana pursuant to §18.2-250.2, intoxication in public pursuant to § 18.2-388, or possession of controlled paraphernalia pursuant to §54.1-3466 if:
1. Such individual, in good faith, seeks or obtains emergency medical attention for himself, if he is experiencing an overdose, or for another individual, if such other individual is experiencing an overdose, by contemporaneously reporting such overdose to a firefighter, as defined in § 65.2-102, emergency medical services personnel, as defined in §32.1-111.1, a law-enforcement officer, as defined in §9.1-101, or an emergency 911 system;
2. Such individual remains at the scene of the overdose or at any alternative location to which he or the person requiring emergency medical attention has been transported until a law-enforcement officer responds to the report of an overdose. If no law-enforcement officer is present at the scene of the overdose or at the alternative location, then such individual shall cooperate with law enforcement as otherwise set forth herein;
3. Such individual identifies himself to the law-enforcement officer who responds to the report of the overdose;
4. If requested by a law-enforcement officer, such individual substantially cooperates in any investigation of any criminal offense reasonably related to the controlled substance, alcohol, or combination of such substances that resulted in the overdose; and
5. The evidence for the prosecution of an offense enumerated in this subsection was obtained as a result of the individual seeking or obtaining emergency medical attention.
C. No individual may assert the affirmative defense provided for in this section if the person sought or obtained emergency medical attention for himself or another individual during the execution of a search warrant or during the conduct of a lawful search or a lawful arrest.
D. This section does not establish an affirmative defense for any individual or offense other than those listed in subsection B.
§18.2-252. Suspended sentence conditioned upon substance abuse screening, assessment, testing, and treatment or education.
The trial judge or court trying the case (i) of any
person found guilty of violating a criminal violation of any law
concerning the use, in any manner, of drugs, controlled substances, narcotics,
marijuana, noxious chemical substances and like substances, or (ii)
any juvenile penalized for a violation of §18.2-250.1 shall condition any
suspended sentence or suspension of any civil penalty by first requiring
such person to agree to undergo a substance abuse screening pursuant to §
18.2-251.01 and to submit to such periodic substance abuse testing, to include
alcohol testing, as may be directed by the court. Such testing shall be
conducted by the supervising probation agency or by personnel of any program or
agency approved by the supervising probation agency. The cost of such testing
ordered by the court shall be paid by the Commonwealth and taxed as a part of
the costs of such criminal proceedings. The judge or court shall order
the person, as a condition of any suspended sentence or suspended civil
penalty, to undergo such treatment or education for substance abuse, if
available, as the judge or court deems appropriate based upon consideration of
the substance abuse assessment. The treatment or education shall be provided by
a program or agency licensed by the Department of Behavioral Health and
Developmental Services, by a similar program or services available through the
Department of Corrections if the court imposes a sentence of one year or more
or, if the court imposes a sentence of 12 months or less, by a similar program
or services available through a local or regional jail, a local community-based
probation services agency established pursuant to §9.1-174, or an ASAP program
certified by the Commission on VASAP.
§18.2-254. Commitment of convicted person for treatment for substance abuse.
A. Whenever any person who has not previously been convicted of any criminal offense under this article or under any statute of the United States or of any state relating to narcotic drugs, marijuana, stimulant, depressant, or hallucinogenic drugs or has not previously had a proceeding against him for violation of such an offense dismissed as provided in § 18.2-251 is found guilty of violating any law concerning the use, in any manner, of drugs, controlled substances, narcotics, marijuana, noxious chemical substances, and like substances, the judge or court shall require such person to undergo a substance abuse screening pursuant to §18.2-251.01 and to submit to such periodic substance abuse testing, to include alcohol testing, as may be directed by the court. The cost of such testing ordered by the court shall be paid by the Commonwealth and taxed as a part of the costs of the criminal proceedings. The judge or court shall also order the person to undergo such treatment or education for substance abuse, if available, as the judge or court deems appropriate based upon consideration of the substance abuse assessment. The treatment or education shall be provided by a program or agency licensed by the Department of Behavioral Health and Developmental Services or by a similar program or services available through the Department of Corrections if the court imposes a sentence of one year or more or, if the court imposes a sentence of 12 months or less, by a similar program or services available through a local or regional jail, a local community-based probation services agency established pursuant to §9.1-174, or an ASAP program certified by the Commission on VASAP.
B. The court trying the case of any person alleged to have committed any criminal offense designated by this article or by the Drug Control Act (§54.1-3400 et seq.) or in any other criminal case in which the commission of the offense was motivated by or closely related to the use of drugs and determined by the court, pursuant to a substance abuse screening and assessment, to be in need of treatment for the use of drugs may commit, based upon a consideration of the substance abuse assessment, such person, upon his conviction, to any facility for the treatment of persons with substance abuse, licensed by the Department of Behavioral Health and Developmental Services, if space is available in such facility, for a period of time not in excess of the maximum term of imprisonment specified as the penalty for conviction of such offense or, if sentence was determined by a jury, not in excess of the term of imprisonment as set by such jury. Confinement under such commitment shall be, in all regards, treated as confinement in a penal institution and the person so committed may be convicted of escape if he leaves the place of commitment without authority. A charge of escape may be prosecuted in either the jurisdiction where the treatment facility is located or the jurisdiction where the person was sentenced to commitment. The court may revoke such commitment at any time and transfer the person to an appropriate state or local correctional facility. Upon presentation of a certified statement from the director of the treatment facility to the effect that the confined person has successfully responded to treatment, the court may release such confined person prior to the termination of the period of time for which such person was confined and may suspend the remainder of the term upon such conditions as the court may prescribe.
C. The court trying a case in which commission of the criminal offense was related to the defendant's habitual abuse of alcohol and in which the court determines, pursuant to a substance abuse screening and assessment, that such defendant is in need of treatment, may commit, based upon a consideration of the substance abuse assessment, such person, upon his conviction, to any facility for the treatment of persons with substance abuse licensed by the Department of Behavioral Health and Developmental Services, if space is available in such facility, for a period of time not in excess of the maximum term of imprisonment specified as the penalty for conviction. Confinement under such commitment shall be, in all regards, treated as confinement in a penal institution and the person so committed may be convicted of escape if he leaves the place of commitment without authority. The court may revoke such commitment at any time and transfer the person to an appropriate state or local correctional facility. Upon presentation of a certified statement from the director of the treatment facility to the effect that the confined person has successfully responded to treatment, the court may release such confined person prior to the termination of the period of time for which such person was confined and may suspend the remainder of the term upon such conditions as the court may prescribe.
§18.2-259.1. Forfeiture of driver's license for violations of article.
A. In addition to any other sanction or penalty imposed for a
criminal violation of this article or a civil violation of §18.2-250.1
committed by a juvenile, the (i) judgment of either a conviction
under this article or a civil violation of §18.2-250.1 by a juvenile or
(ii) placement on probation following deferral of further proceedings under §
18.2-251, except if the proceeding was for possession consumption
of marijuana pursuant to § 18.2-250.1 18.2-250.2, or subsection H
of §18.2-258.1 for any such offense shall of itself operate to deprive the
person so convicted or placed on probation after deferral of proceedings under
§18.2-251 or subsection H of §18.2-258.1 of the privilege to drive or operate
a motor vehicle, engine, or train in the Commonwealth for a period of six
months from the date of such judgment or placement on probation. Such license
forfeiture shall be in addition to and shall run consecutively with any other
license suspension, revocation or forfeiture in effect or imposed upon the
person so convicted or placed on probation. However, a juvenile who has had his
license suspended or denied pursuant to §16.1-278.9 shall not have his license
forfeited pursuant to this section for the same offense.
B. The court trying the case shall order any person so convicted or placed on probation or any juvenile so penalized for a civil violation of §18.2-250.1 to surrender his driver's license to be disposed of in accordance with the provisions of §46.2-398 and shall notify the Department of Motor Vehicles of any such conviction or judgment entered and of the license forfeiture to be imposed.
C. In those cases where the court determines there are
compelling circumstances warranting an exception, the court may provide that
any individual be issued a restricted license to operate a motor vehicle for
any of the purposes set forth in subsection E of §18.2-271.1. No restricted
license issued pursuant to this subsection shall permit any person to operate a
commercial motor vehicle as defined in the Virginia Commercial Driver's License
Act (§46.2-341.1 et seq.). The court shall order the surrender of such
person's license in accordance with the provisions of subsection B and shall
forward to the Commissioner of the Department of Motor Vehicles a copy of its
order entered pursuant to this subsection. This order 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. The court shall also provide a copy of its order to such person
who may operate a motor vehicle on the order until receipt from the
Commissioner of the Department of Motor Vehicles of a restricted license, but
only if the order provides for a restricted license for that period. A copy of
the order and, after receipt thereof, the restricted license shall be carried
at all times by such person while operating a motor vehicle. The court may
require a person issued a restricted permit under the provisions of this
subsection to be monitored by an alcohol safety action program during the
period of license suspension. Any violation of the terms of the restricted
license or of any condition set forth by the court related thereto, or any
failure to remain drug-free during such period shall be reported forthwith to
the court by such program. Any person who operates a motor vehicle in violation
of any restriction imposed pursuant to this section shall be is
guilty of a violation of §46.2-301.
§18.2-308.09. Disqualifications for a concealed handgun permit.
The following persons shall be deemed disqualified from obtaining a permit:
1. An individual who is ineligible to possess a firearm pursuant to §18.2-308.1:1, 18.2-308.1:2, or 18.2-308.1:3 or the substantially similar law of any other state or of the United States.
2. An individual who was ineligible to possess a firearm pursuant to §18.2-308.1:1 and who was discharged from the custody of the Commissioner pursuant to §19.2-182.7 less than five years before the date of his application for a concealed handgun permit.
3. An individual who was ineligible to possess a firearm pursuant to §18.2-308.1:2 and whose competency or capacity was restored pursuant to §64.2-2012 less than five years before the date of his application for a concealed handgun permit.
4. An individual who was ineligible to possess a firearm under §18.2-308.1:3 and who was released from commitment less than five years before the date of this application for a concealed handgun permit.
5. An individual who is subject to a restraining order, or to a protective order and prohibited by §18.2-308.1:4 from purchasing, possessing, or transporting a firearm.
6. An individual who is prohibited by §18.2-308.2 from possessing or transporting a firearm, except that a permit may be obtained in accordance with subsection C of that section.
7. An individual who has been convicted of two or more misdemeanors within the five-year period immediately preceding the application, if one of the misdemeanors was a Class 1 misdemeanor, but the judge shall have the discretion to deny a permit for two or more misdemeanors that are not Class 1. Traffic infractions and misdemeanors set forth in Title 46.2 shall not be considered for purposes of this disqualification.
8. An individual who is addicted to, or is an unlawful user or distributor of, marijuana, synthetic cannabinoids, or any controlled substance.
9. An individual who has been convicted of a violation of § 18.2-266 or a substantially similar local ordinance, or of public drunkenness, or of a substantially similar offense under the laws of any other state, the District of Columbia, the United States, or its territories within the three-year period immediately preceding the application, or who is a habitual drunkard as determined pursuant to §4.1-333.
10. An alien other than an alien lawfully admitted for permanent residence in the United States.
11. An individual who has been discharged from the armed forces of the United States under dishonorable conditions.
12. An individual who is a fugitive from justice.
13. An individual who the court finds, by a preponderance of the evidence, based on specific acts by the applicant, is likely to use a weapon unlawfully or negligently to endanger others. The sheriff, chief of police, or attorney for the Commonwealth may submit to the court a sworn, written statement indicating that, in the opinion of such sheriff, chief of police, or attorney for the Commonwealth, based upon a disqualifying conviction or upon the specific acts set forth in the statement, the applicant is likely to use a weapon unlawfully or negligently to endanger others. The statement of the sheriff, chief of police, or the attorney for the Commonwealth shall be based upon personal knowledge of such individual or of a deputy sheriff, police officer, or assistant attorney for the Commonwealth of the specific acts, or upon a written statement made under oath before a notary public of a competent person having personal knowledge of the specific acts.
14. An individual who has been convicted of any assault, assault and battery, sexual battery, discharging of a firearm in violation of § 18.2-280 or 18.2-286.1 or brandishing of a firearm in violation of §18.2-282 within the three-year period immediately preceding the application.
15. An individual who has been convicted of stalking.
16. An individual whose previous convictions or adjudications of delinquency were based on an offense that would have been at the time of conviction a felony if committed by an adult under the laws of any state, the District of Columbia, the United States or its territories. For purposes of this disqualifier, only convictions occurring within 16 years following the later of the date of (i) the conviction or adjudication or (ii) release from any incarceration imposed upon such conviction or adjudication shall be deemed to be "previous convictions." Disqualification under this subdivision shall not apply to an individual with previous adjudications of delinquency who has completed a term of service of no less than two years in the Armed Forces of the United States and, if such person has been discharged from the Armed Forces of the United States, received an honorable discharge.
17. An individual who has a felony charge pending or a charge pending for an offense listed in subdivision 14 or 15.
18. An individual who has received mental health treatment or substance abuse treatment in a residential setting within five years prior to the date of his application for a concealed handgun permit.
19. An individual not otherwise ineligible pursuant to this article, who, within the three-year period immediately preceding the application for the permit, was found guilty of any criminal offense set forth in Article 1 (§18.2-247 et seq.) or former §18.2-248.1:1 or of a criminal offense of illegal possession or distribution of marijuana, synthetic cannabinoids, or any controlled substance, under the laws of any state, the District of Columbia, or the United States or its territories, or who was found in violation of §18.2-250.1.
20. An individual, not otherwise ineligible pursuant to this article, with respect to whom, within the three-year period immediately preceding the application, upon a charge of any criminal offense set forth in Article 1 (§18.2-247 et seq.) or former §18.2-248.1:1 or upon a charge of illegal possession or distribution of marijuana, synthetic cannabinoids, or any controlled substance under the laws of any state, the District of Columbia, or the United States or its territories, the trial court found that the facts of the case were sufficient for a finding of guilt and disposed of the case pursuant to §18.2-251 or the substantially similar law of any other state, the District of Columbia, or the United States or its territories.
§18.2-308.1:5. Purchase or transportation of firearm by persons convicted of certain drug offenses prohibited.
Any person who, within a 36-consecutive-month period, has been
convicted of two misdemeanor offenses under subsection B of former §
18.2-248.1:1, or §18.2-250 or, 18.2-250.1, or
18.2-250.2 shall be ineligible to purchase or transport a handgun. However,
upon expiration of a period of five years from the date of the second
conviction and provided the person has not been convicted of any such offense
within that period, the ineligibility shall be removed. For purposes of this
section, a civil violation of §18.2-250.1 shall be considered a conviction.
§19.2-188.1. Testimony regarding identification of controlled substances.
A. In any preliminary hearing on a violation of Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 or a violation of subdivision 6 of §53.1-203, any law-enforcement officer shall be permitted to testify as to the results of field tests that have been approved by the Department of Forensic Science pursuant to regulations adopted in accordance with the Administrative Process Act (§2.2-4000 et seq.), regarding whether or not any substance the identity of which is at issue in such hearing is a controlled substance, imitation controlled substance, or marijuana, as defined in §18.2-247.
B. In any trial for a violation of §18.2-250.1 or 18.2-250.2, any law-enforcement officer shall be permitted to testify as to the results of any marijuana field test approved as accurate and reliable by the Department of Forensic Science pursuant to regulations adopted in accordance with the Administrative Process Act (§2.2-4000 et seq.), regarding whether or not any plant material, the identity of which is at issue, is marijuana provided the defendant has been given written notice of his right to request a full chemical analysis. Such notice shall be on a form approved by the Supreme Court and shall be provided to the defendant prior to trial.
In any case in which the person accused of a violation of § 18.2-250.1 or 18.2-250.2, or the attorney of record for the accused, desires a full chemical analysis of the alleged plant material, he may, by motion prior to trial before the court in which the charge is pending, request such a chemical analysis. Upon such motion, the court shall order that the analysis be performed by the Department of Forensic Science and shall prescribe in its order the method of custody, transfer, and return of evidence submitted for chemical analysis.
§46.2-390.1. Required revocation for conviction of drug offenses or deferral of proceedings.
A. Except as otherwise ordered pursuant to §18.2-259.1, the
Commissioner shall forthwith revoke, and not thereafter reissue for six months
from the later of (i) the date of conviction, date of judgment for a
violation of §18.2-250.1 by a juvenile, or date of deferral of
proceedings under §18.2-251, unless the deferral was for proceedings for
possession consumption of marijuana pursuant to § 18.2-250.1
18.2-250.2, or (ii) the next date of eligibility to be licensed, the
driver's license, registration card, and license plates of any resident or
nonresident on receiving notification of (a) his conviction or judgment for
a violation of §18.2-250.1 by a juvenile, (b) his having been found guilty
in the case of a juvenile, or (c) the deferral of further proceedings against
him under §18.2-251 for any violation of any provisions of Article 1 (§
18.2-247 et seq.) of Chapter 7 of Title 18.2, unless the proceedings were for
possession consumption of marijuana pursuant to § 18.2-250.1
18.2-250.2, or of any state or federal law or valid county, city or town
ordinance, or a law of any other state substantially similar to provisions of
such Virginia laws. Such license revocation shall be in addition to and shall
run consecutively with any other license suspension, revocation or forfeiture
in effect against such person.
B. Any person whose license has been revoked pursuant to this section and §18.2-259.1 shall be subject to the provisions of §§46.2-370 and 46.2-414 and shall be required to pay a reinstatement fee as provided in § 46.2-411 in order to have his license restored.