Bill Text: VA SB286 | 2020 | Regular Session | Comm Sub
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-Comm_Sub.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 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.
