CHAPTER 335

An Act to amend and reenact § 46.1-418, as amended, of the Code of
Virginia, relating generally to the forwarding and preservation of
abstracts of records of convictions, forfeitures and judgments involv-
ing the operation of motor vehicles by courts or clerks thereof; and
to amend the Code of Virginia by adding a section numbered 46.1-
413.1, to require officer arresting a person for violation of certain
motor vehicle laws to request abstract of his record on file at the Divt-
sion of Motor Vehicles.

[H 1098]

Approved April 2, 1968

Be it enacted by the General Assembly of Virginia:

1. That § 46.1-413, as amended, of the Code of Virginia be amended
and reenacted as follows:

§ 46.1-413. Courts to forward abstracts of records in certain cases;
records in office of Division; inspection; clerk’s fee for reports.—In the
event a person is convicted of a charge described in subdivision (a) or
(b) of § 46.1-412 or forfeits bail or collateral or other deposit to secure
the defendant’s appearance upon such charges unless the conviction has
been set aside or the forfeiture vacated; or in the event there is rendered
a judgment for damages against a person as described in subdivison (c) of
§ 46.1-412 every county or municipal court or clerk of a court of record shall
forward an abstract of the record to the Commissioner within fifteen days,
or in case of civil judgments, thirty days after such conviction, forfeiture
or judgment has become final without appeal or has become final by affir-
mance on appeal. The Commissioner shal] keep such records in the offices
of the Division and they shall be opened to the inspection of any person
during business hours, provided the Commissioner with the approval of the
Governor may destroy the record of any conviction, forfeiture, or judgment,
when three years have elapsed from the date thereof, except records of
conviction or forfeiture upon charges of reckless driving and exceeding
the established lawful rates of speed, which records may be destroyed
when five years have elapsed from the date thereof, and further excepting
those records that alone or in connection with other records will require
suspension or revocation of a license or registration under any applicable
provisions of this title.
Such records required to be kept, may in the discretion of the Com-
missioner be kept by electronic media or by photographic processes and
when so done the abstract of the record may be destroyed.

There shall be allowed to the clerk of any court a fee of fifty cents
for each report hereunder to be taxed and payable as a part of the court
costs.

2. That the Code of Virginia be amended by adding a section numbered
46.1-413.1, as follows:

§ 46.1-413.1. Every officer, State or local, who has arrested any per-
son for (a) driving while under the influence of intoxicants or drugs in
violation of § 18.1-54 or a parallel local ordinance, (b) exceeding lawful
speed limits in violation of § 46.1-193 or a parallel local ordinance, (c)
reckless driving in violation of §§ 46.1-189, 46.1-190 or 46.1-191 or a parallel
local ordinance, (d) failure to stop at the scene of an accident in violation
of § 46.1-176 or a parallel local ordinance or (e) driving without a license
or while his license has been suspended or revoked in violation of §§
18.1-60, 46.1-349, 46.1-350 or 46.1-351 or a parallel local ordinance, shall
request from the Division of Motor Vehicles an abstract of such person’s
operator’s or chauffeur’s conviction record on file at the Division which
the Division shall furnish to the Commonwealth’s Attorney of the juris-
diction in which the case will be heard, to be held available for the court
in which such person is to be tried for such violation or charge; provided,
however, that the failure of the Commonwealth’s Attorney to receive
such abstract in any case shall not constitute grounds for the granting of
a continuance of such case.