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HB5058

Marijuana and certain traffic offenses; issuing citations, etc,

Status:
Enacted

Chief Patron:
Patrick Hope (D)

Session:
2020 Special Session I

Summary

As Passed House of Origin. Issuing citations; possession of marijuana and certain traffic offenses.

Changes from a primary offense to a secondary offense the traffic infractions of operating a motor vehicle (i) without a light illuminating a license plate, (ii) with defective and unsafe equipment, (iii) without brake lights or a high mount stop light, (iv) without an exhaust system that prevents excessive or unusual levels of noise, (v) with certain sun-shading materials and tinting films, and (vi) with certain objects suspended in the vehicle. A secondary offense is one for which a summons can only be issued if the offender is stopped for another, separate offense. The bill also provides that no law-enforcement officer may lawfully search or seize any person, place, or thing solely on the basis of the odor of marijuana, and no evidence discovered or obtained as a result of such unlawful search or seizure shall be admissible in any trial, hearing, or other proceeding. The bill prohibits the enactment of a local ordinance establishing a primary offense when the corresponding provision in the Code of Virginia is a secondary offense. The bill prohibits any local ordinance relating to the ownership or maintenance of a motor vehicle from being cause to stop or arrest a driver of a motor vehicle unless such violation is a jailable offense. The bill prohibits a law-enforcement officer from issuing a citation for jaywalking or entering a highway where the pedestrian cannot be seen unless the pedestrian is also stopped for another, separate offense. The bill provides that law-enforcement officers are not permitted to stop a motor vehicle for an expired safety inspection or registration sticker until the first day of the fourth month after the original expiration date. The bill also provides that no evidence discovered or obtained due to an impermissible stop is admissible in any trial, hearing, or other proceeding. (Less)

  • Bill History

  • 08/18/2020 - House: Prefiled and ordered printed; offered 08/18/20 20200751D
  • 08/18/2020 - House: Referred to Committee for Courts of Justice
  • 08/26/2020 - House: Impact statement from DPB (HB5058)
  • 08/26/2020 - House: Reported from Courts of Justice (13-Y 7-N)
  • 08/28/2020 - House: Read first time
  • 09/03/2020 - House: House committee, floor amendments and substitutes offered
  • 09/03/2020 - House: Read second time
  • 09/03/2020 - House: Amendments by Delegate Hope agreed to
  • 09/03/2020 - House: Engrossed by House as amended HB5058E
  • 09/03/2020 - House: Printed as engrossed 20200751D-E
  • 09/04/2020 - House: Read third time and passed House (54-Y 44-N)
  • 09/04/2020 - House: VOTE: Passage (54-Y 44-N)   Close Floor Vote
  • 09/04/2020 - House: Impact statement from DPB (HB5058E)
  • 09/09/2020 - Senate: Constitutional reading dispensed
  • 09/09/2020 - Senate: Referred to Committee on the Judiciary

Full text and vote history:

Virginia Legislative Information System

RichmondSunlight.com

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