CHAPTER 230

An Act to amend and reenact §§ 46.1-427 and 46.1-429 of the Code of
Virginia, relating to suspension of operator’s or chauffeur’s licenses
of mentally ill, epileptic and mentally deficient persons, and to reports
to the Commissioner of the Division of Motor Vehicles of persons
admitted to mental institutions; and to repeal § 46.1-428 of the Code,
as amended, relating to suspension and restoration of licenses of
inebriates or habitual users of drugs. a

[S 45]

Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:

1. That §§ 46.1-427 and 46.1-429 of the Code of Virginia be amended
and reenacted as follows:

§ 46.1-427. (a) The Commissioner, upon receipt of notice that any
person has been legally adjudged to be * insane or feeble-minded, in accord-
ance with § 87-136.1 or that a person released from an institution operated
or licensed by the State Hospital Board or transferred to an institution not
licensed or operated by such Board is, in the opinion of the authorities of
such institution, not competent because of mental illness, mental deficiency,
epilepsy, inebriety or drug addiction to operate a motor vehicle with
safety to persons or property shall forthwith suspend his license; but
he shall not suspend the license if the person has been adjudged competent
by judicial order or decree. *

(b) In any case in which the person’s license has been suspended
prior to his release it shall not be returned to him unless the Commis-
sioner is satisfied, after an examination such as is required of applicants
by § 46.1-369, that such person is competent to operate a motor vehicle
with safety to persons and property.

(c) The Clerk of the court in which any such adjudication is made
shall forthwith send a certified copy or abstract thereof to the Com-
missioner.

§ 46.1-429. * (a) At least ten days, if practicable, prior to the time
when any patient is to be released from any institution operated or licensed
by the State Hospital Board, if the mental condition of such patient is,
because of mental illness, mental deficiency, epilepsy, inebriety or drug
addiction, in the judgment of the superintendent or chief medical officer
of the institution such as to prevent him from being competent to operate
a motor vehicle with safety to persons and property, such superintendent
or chief medical officer shall forthwith report to the Commissioner,
in sufficient detail for accurate identification, the * date of release of *
such patient, together with a statement concerning his ability to operate a
motor vehicle.
(b) As used in this section, the word “release” includes transfer of
oe patient to any institution not operated or licensed by the State Hospital
oard.
2. That § 46.1-428, as amended, of the Code of Virginia is repealed.