Bill Text: VA SB286 | 2020 | Regular Session | Chaptered
Bill Title: Deferred dispositions; property crimes, larceny and receiving stolen goods, exception.
Spectrum: Bipartisan Bill
Status: (Passed) 2020-04-09 - Governor: Acts of Assembly Chapter text (CHAP0990) [SB286 Detail]
Download: Virginia-2020-SB286-Chaptered.html
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, 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 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.
