Virginia HB 2204: Driving under the influence of alcohol, drugs, or a combination thereof; data collection.

Bill Text

VIRGINIAACTSOFASSEMBLY--2023SESSION
CHAPTER660
An Act to amend the Code of Virginia by adding a section numbered 46.2-223.1, relating to Department
of Motor Vehicles; driving under the influence of alcohol, drugs, or a combination thereof; data
collection and reporting.
[H2204]
ApprovedMarch26,2023
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 46.2-223.1 as follows:
§ 46.2-223.1. Collection and reporting of data related to driving under the influence of alcohol,
drugs, or a combination thereof.
A. The Department shall collect data related to driving under the influence of alcohol, drugs, or a
combination thereof, on an annual basis based on the calendar year. The Department may request data
and shall be provided such data upon request from (i) every department, division, board, bureau,
commission, authority, or other agency created by the Commonwealth, or to which the Commonwealth is
a party, or any political subdivision thereof; (ii) any criminal justice agency as defined in § 9.1-101;
and (iii) the clerk of each circuit court. If the statewide Circuit Court Case Management System is used
by the circuit court clerk, the Executive Secretary of the Supreme Court shall provide for the transfer of
such data upon request of the Department.
B. The Department shall annually collect the following data based on the calendar year:
1. The number of motor vehicle and commercial motor vehicle crashes, injuries, serious injuries, and
fatalities that involved alcohol, drugs, or a combination of alcohol and drugs, as maintained by the
Department;
2. The number of drivers, passengers, bicyclists, and pedestrians killed in motor vehicle and
commercial motor vehicle crashes, including the blood alcohol content and any drugs identified in the
blood of each decedent driver, as maintained by the Office of the Chief Medical Examiner;
3. The number of full-time, sworn officer positions allotted to each law-enforcement agency and the
number of full-time, sworn officers employed by each law-enforcement agency, as maintained by the
Department of State Police;
4. The number of arrests for violations of §§ 18.2-36.1, 18.2-51.4, 18.2-266, 18.2-266.1, 18.2-268.3,
18.2-270.1, 18.2-272, 46.2-341.24, 46.2-341.26:3, 46.2-341.29, and 46.2-341.31, as maintained by the
Department of State Police;
5. The number of charges and convictions for violations of §§ 18.2-36.1, 18.2-51.4, 18.2-266,
18.2-266.1, 18.2-268.3, 18.2-270.1, 18.2-272, 46.2-341.24, 46.2-341.26:3, 46.2-341.29, and 46.2-341.31
across all district and circuit courts, as maintained by the Executive Secretary of the Supreme Court of
Virginia or any circuit court clerk who maintains an independent case management system;
6. The number of adults sentenced to a term of incarceration for violations of §§ 18.2-36.1,
18.2-51.4, 18.2-266, 18.2-266.1, 18.2-268.3, 18.2-270.1, 18.2-272, 46.2-341.24, 46.2-341.26:3,
46.2-341.29, and 46.2-341.31, including the active period of incarceration imposed and the length of
time that the person was incarcerated, as maintained by the Compensation Board and the Department of
Corrections;
7. The number of individuals ordered to report to the Virginia Alcohol Safety Action Program and
the number of individuals under the supervision of such program, as maintained by the Virginia Alcohol
Safety Action Program;
8. The number of ignition interlock devices installed on motor vehicles and the number of remote
alcohol monitoring devices applied to individuals, as maintained by the Virginia Alcohol Safety Action
Program;
9. The number of breath alcohol tests administered and the average blood alcohol concentration test
results, as maintained by the Department of Forensic Science;
10. The number of driving under the influence-related blood sample submissions and any drugs or
drug classes identified in such samples, as maintained by the Department of Forensic Science;
11. The total number of restrictions, suspensions, and revocations of Virginia driver's licenses and
commercial driver's licenses for driving under the influence, as maintained by the Department;
12. The number of specific driving under the influence-related enforcement measures conducted by
law-enforcement agencies, such as sobriety checkpoints, saturation patrols, and any other relevant
measures, as maintained by the Department;
13. The total amount of grant money awarded to Virginia, each law-enforcement agency, and any
other entity that is not a law-enforcement agency by the National Highway Traffic Safety Administration,
as maintained by the Department; and

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14. Any other data deemed relevant and reliable by the Department.
C. The Department shall submit an annual report based on the data collected pursuant to subsection
B on or before October 1 to the General Assembly, the Governor, and the Virginia State Crime
Commission. The report shall also be made available to the public on the website of the Department.
The data se