Bill Text: VA HB1142 | 2020 | Regular Session | Engrossed
Bill Title: Alcoholic beverage control; possession, etc., of alcoholic beverages at school-sponsored activities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2020-02-21 - Passed by indefinitely in Rehabilitation and Social Services (10-Y 4-N) [HB1142 Detail]
Download: Virginia-2020-HB1142-Engrossed.html
Be it enacted by the General Assembly of Virginia:
1. That §4.1-309 [ and
16.1-278.9 ] of the Code of
Virginia is amended and reenacted as follows:
§4.1-309. Drinking or possessing alcoholic beverages in or on public school grounds; penalty.
A. No person shall possess or drink any alcoholic beverage in or upon the grounds of any public elementary or secondary school during school hours or school or student activities.
B. In addition, no No person shall drink and no
organization shall serve any alcoholic beverage in or upon the grounds of any
public elementary or secondary school after school hours or school or student
activities, except for religious congregations using wine for sacramental
purposes only.
C. No person shall [ possess or ] drink any
alcoholic beverage [ at a facility hosting while attending
] a public elementary or secondary [ school sporting event, nor
shall such facility serve any alcoholic beverage in or upon the grounds during
such sporting event school-sponsored activity hosted at a non-school
facility ] .
D. Any person convicted of a violation of this section
shall be is guilty of a Class 2 misdemeanor.
D. E. This section shall not prohibit any person
from possessing or drinking alcoholic beverages or any organization from
serving alcoholic beverages in areas approved by the Board at a performing arts
center owned by the City of Alexandria or the City of Portsmouth, provided the
organization operating the performing arts center or its lessee has a license
granted by the Board.
[ §16.1-278.9.
Delinquent children; loss of driving privileges for alcohol, firearm, and drug
offenses; truancy.
A. If a court has found facts which would justify a finding
that a child at least 13 years of age at the time of the offense is delinquent
and such finding involves (i) a violation of §18.2-266 or of a similar
ordinance of any county, city or town, (ii) a refusal to take a breath test in
violation of §18.2-268.2, (iii) a felony violation of §18.2-248, 18.2-248.1
or 18.2-250, (iv) a misdemeanor violation of §18.2-248, 18.2-248.1, or
18.2-250 or a violation of §18.2-250.1, (v) the unlawful purchase, possession
or consumption of alcohol in violation of §4.1-305 or (a) the unlawful
drinking or possession of alcoholic beverages in or on public school grounds
or (b) the unlawful drinking of alcoholic beverages at a facility hosting a
public elementary or secondary school sporting event in violation of §
4.1-309, (vi) public intoxication in violation of §18.2-388 or a similar
ordinance of a county, city or town, (vii) the unlawful use or possession of a
handgun or possession of a "streetsweeper" as defined below, or
(viii) a violation of §18.2-83, the court shall order, in addition to any
other penalty that it may impose as provided by law for the offense, that the
child be denied a driver's license. In addition to any other penalty authorized
by this section, if the offense involves a violation designated under clause
(i) and the child was transporting a person 17 years of age or younger, the
court shall impose the additional fine and order community service as provided
in §18.2-270. If the offense involves a violation designated under clause (i),
(ii), (iii) or (viii), the denial of a driver's license shall be for a period
of one year or until the juvenile reaches the age of 17, whichever is longer,
for a first such offense or for a period of one year or until the juvenile
reaches the age of 18, whichever is longer, for a second or subsequent such
offense. If the offense involves a violation designated under clause (iv), (v)
or (vi) the denial of driving privileges shall be for a period of six months
unless the offense is committed by a child under the age of 16 years and three
months, in which case the child's ability to apply for a driver's license shall
be delayed for a period of six months following the date he reaches the age of
16 and three months. If the offense involves a first violation designated under
clause (v) or (vi), the court shall impose the license sanction and may enter a
judgment of guilt or, without entering a judgment of guilt, may defer
disposition of the delinquency charge until such time as the court disposes of
the case pursuant to subsection F of this section. If the offense involves a violation
designated under clause (iii) or (iv), the court shall impose the license
sanction and shall dispose of the delinquency charge pursuant to the provisions
of this chapter or §18.2-251. If the offense involves a violation designated
under clause (vii), the denial of driving privileges shall be for a period of
not less than 30 days, except when the offense involves possession of a
concealed handgun or a striker 12, commonly called a "streetsweeper,"
or any semi-automatic folding stock shotgun of like kind with a spring tension
drum magazine capable of holding 12 shotgun shells, in which case the denial of
driving privileges shall be for a period of two years unless the offense is
committed by a child under the age of 16 years and three months, in which event
the child's ability to apply for a driver's license shall be delayed for a
period of two years following the date he reaches the age of 16 and three
months.
A1. If a court finds that a child at least 13 years of age
has failed to comply with school attendance and meeting requirements as
provided in §22.1-258, the court shall order the denial of the child's driving
privileges for a period of not less than 30 days. If such failure to comply
involves a child under the age of 16 years and three months, the child's
ability to apply for a driver's license shall be delayed for a period of not
less than 30 days following the date he reaches the age of 16 and three months.
If the court finds a second or subsequent such offense, it
may order the denial of a driver's license for a period of one year or until
the juvenile reaches the age of 18, whichever is longer, or delay the child's
ability to apply for a driver's license for a period of one year following the
date he reaches the age of 16 and three months, as may be appropriate.
A2. If a court finds that a child at least 13 years of age
has refused to take a blood test in violation of §18.2-268.2, the court shall
order that the child be denied a driver's license for a period of one year or
until the juvenile reaches the age of 17, whichever is longer, for a first such
offense or for a period of one year or until the juvenile reaches the age of
18, whichever is longer, for a second or subsequent such offense.
B. Any child who has a driver's license at the time of the
offense or at the time of the court's finding as provided in subsection A1 or
A2 shall be ordered to surrender his driver's license, which shall be held in
the physical custody of the court during any period of license denial.
C. The court shall report any order issued under this
section to the Department of Motor Vehicles, which shall preserve a record
thereof. The report and the record shall include a statement as to whether the
child was represented by or waived counsel or whether the order was issued
pursuant to subsection A1 or A2. Notwithstanding the provisions of Article 12
(§16.1-299 et seq.) of this chapter or the provisions of Title 46.2, this
record shall be available only to all law-enforcement officers, attorneys for
the Commonwealth and courts. No other record of the proceeding shall be
forwarded to the Department of Motor Vehicles unless the proceeding results in
an adjudication of guilt pursuant to subsection F.
The Department of Motor Vehicles shall refuse to issue a
driver's license to any child denied a driver's license until such time as is
stipulated in the court order or until notification by the court of withdrawal
of the order of denial under subsection E.
D. If the finding as to the child involves a violation
designated under clause (i), (ii), (iii) or (vi) of subsection A or a violation
designated under subsection A2, the child may be referred to a certified
alcohol safety action program in accordance with §18.2-271.1 upon such terms
and conditions as the court may set forth. If the finding as to such child
involves a violation designated under clause (iii), (iv), (v), (vii) or (viii)
of subsection A, such child may be referred to appropriate rehabilitative or
educational services upon such terms and conditions as the court may set forth.
The court, in its discretion and upon a demonstration of
hardship, may authorize the use of a restricted permit to operate a motor
vehicle by any child who has a driver's license at the time of the offense or
at the time of the court's finding as provided in subsection A1 or A2 for any
of the purposes set forth in subsection E of §18.2-271.1 or for travel to and
from school, except that no restricted license shall be issued for travel to
and from home and school when school-provided transportation is available and
no restricted license shall be issued if the finding as to such child involves
a violation designated under clause (iii) or (iv) of subsection A, or if it
involves a second or subsequent violation of any offense designated in
subsection A, a second finding by the court of failure to comply with school
attendance and meeting requirements as provided in subsection A1, or a second
or subsequent finding by the court of a refusal to take a blood test as
provided in subsection A2. The issuance of the restricted permit shall be set
forth within the court order, a copy of which shall be provided to the child,
and shall specifically enumerate the restrictions imposed and contain such
information regarding the child as is reasonably necessary to identify him. The
child may operate a motor vehicle under the court order in accordance with its
terms. Any child who operates a motor vehicle in violation of any restrictions
imposed pursuant to this section is guilty of a violation of §46.2-301.
E. Upon petition made at least 90 days after issuance of
the order, the court may review and withdraw any order of denial of a driver's
license if for a first such offense or finding as provided in subsection A1 or
A2. For a second or subsequent such offense or finding, the order may not be
reviewed and withdrawn until one year after its issuance.
F. If the finding as to such child involves a first
violation designated under clause (vii) of subsection A, upon fulfillment of
the terms and conditions prescribed by the court and after the child's driver's
license has been restored, the court shall or, in the event the violation
resulted in the injury or death of any person or if the finding involves a
violation designated under clause (i), (ii), (v), or (vi) of subsection A, may
discharge the child and dismiss the proceedings against him. Discharge and
dismissal under these provisions shall be without an adjudication of guilt but
a record of the proceeding shall be retained for the purpose of applying this
section in subsequent proceedings. Failure of the child to fulfill such terms
and conditions shall result in an adjudication of guilt. If the finding as to
such child involves a violation designated under clause (iii) or (iv) of
subsection A, the charge shall not be dismissed pursuant to this subsection but
shall be disposed of pursuant to the provisions of this chapter or §18.2-251.
If the finding as to such child involves a second violation under clause (v),
(vi) or (vii) of subsection A, the charge shall not be dismissed pursuant to
this subsection but shall be disposed of under §16.1-278.8. ]
