Bill Text: VA SB309 | 2020 | Regular Session | Prefiled
Bill Title: Deferred dispositions; property crimes, larceny and receiving stolen goods.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-02-10 - Incorporated by Judiciary [SB309 Detail]
Download: Virginia-2020-SB309-Prefiled.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.), 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.
