Bill

Bill > SB5029


VA SB5029

VA SB5029
Marijuana and certain traffic offenses; issuing citations, etc,


summary

Introduced
08/13/2020
In Committee
09/22/2020
Crossed Over
09/25/2020
Passed
10/07/2020
Dead
Signed/Enacted/Adopted
11/09/2020

Introduced Session

2020 Special I

Bill Summary

Issuing citations; possession of marijuana and certain traffic offenses. Provides that no law-enforcement officer may lawfully stop a motor vehicle for operating (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. No evidence discovered or obtained as a result of such unlawful stop shall be admissible in any trial, hearing, or other proceeding. The bill also provides that no law-enforcement officer may lawfully stop, 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 stopping a pedestrian for jaywalking or entering a highway where the pedestrian cannot be seen. 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, including evidence obtained with the person's consent, is admissible in any trial, hearing, or other proceeding.

AI Summary

This bill: - Prohibits law enforcement officers from lawfully stopping a motor vehicle for various equipment-related violations, such as a non-functioning license plate light, defective equipment, missing brake lights or exhaust system issues. Any evidence obtained as a result of such unlawful stops would be inadmissible. - Prohibits law enforcement officers from lawfully stopping, searching, or seizing a person, place, or thing solely based on the odor of marijuana, with certain exceptions. Any evidence obtained from such unlawful searches or seizures would also be inadmissible. - Prohibits local ordinances from establishing a primary offense when the corresponding state law is a secondary offense, and prohibits local ordinances relating to vehicle ownership or maintenance from being cause to stop or arrest a driver unless the violation is a jailable offense. - Prohibits law enforcement officers from stopping pedestrians for jaywalking or entering a highway where they cannot be seen, and from stopping vehicles due to expired safety inspection or registration stickers until a certain time after expiration. - Provides that no evidence obtained from any impermissible stop, including with consent, is admissible in any legal proceeding.

Committee Categories

Justice, Transportation and Infrastructure

Sponsors (12)

Last Action

Governor: Acts of Assembly Chapter text (CHAP0051) (on 11/09/2020)

bill text


bill summary

Loading...

bill summary

Loading...
Loading...