Virginia SB 306: Criminal history information; destruction of information for certain charges and convictions.

Bill Text

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2021 SESSION

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20106744D 

SENATE BILL NO. 306 

AMENDMENT IN THE NATURE OF A SUBSTITUTE 

(Proposed by the Senate Committee on the Judiciary 

on February 3, 2020) 

(Patrons Prior to Substitute--Senators Stanley and Deeds [SB 
287]) 

Senate Amendments in [ ] � February 11, 2020 

A BILL to amend and reenact �� 4.1-305, 16.1-69.55, and 
18.2-251 of the Code of Virginia, relating to destruction of criminal history 
information for certain charges and convictions. 

Be it enacted by the General Assembly of Virginia:

1. That �� 4.1-305, 16.1-69.55, and 18.2-251 of the Code of 
Virginia are amended and reenacted as follows:

� 4.1-305. Purchasing or possessing alcoholic beverages 
unlawful in certain cases; venue; exceptions; penalty; forfeiture; deferred 
proceedings; treatment and education programs and services; destruction of 
criminal history information.

A. No person to whom an alcoholic beverage may not lawfully be 
sold under � 4.1-304 shall consume, purchase or possess, or attempt to consume, 
purchase or possess, any alcoholic beverage, except (i) pursuant to 
subdivisions 1 through 7 of � 4.1-200; (ii) where possession of the alcoholic 
beverages by a person less than 21 years of age is due to such person's making 
a delivery of alcoholic beverages in pursuance of his employment or an order of 
his parent; or (iii) by any state, federal, or local law-enforcement officer or 
his agent when possession of an alcoholic beverage is necessary in the 
performance of his duties. Such person may be prosecuted either in the county 
or city in which the alcohol was possessed or consumed, or in the county or 
city in which the person exhibits evidence of physical indicia of consumption 
of alcohol. It shall be an affirmative defense to a charge of a violation of 
this subsection if the defendant shows that such consumption or possession was 
pursuant to subdivision 7 of � 4.1-200.

B. No person under the age of 21 years shall use or attempt to 
use any (i) altered, fictitious, facsimile or simulated license to operate a 
motor vehicle,; (ii) altered, fictitious, facsimile or simulated 
document, including, but not limited to a birth certificate or student 
identification card,; or (iii) motor vehicle operator's license, 
birth certificate or student identification card of another person in order to 
establish a false identification or false age for himself to consume, purchase 
or attempt to consume or purchase an alcoholic beverage.

C. Any person found guilty of a violation of this section 
shall be is guilty of a Class 1 misdemeanor; and, upon 
conviction, (i) such person shall be ordered to pay a mandatory minimum fine of 
$500 or ordered to perform a mandatory minimum of 50 hours of community service 
as a condition of probation supervision and (ii) the lic