Committee narrows license-suspension authority in deferred-disposition bill

A Senate Courts of Justice subcommittee reported SB 764 after adopting amendments that narrow when a driver's license suspension may be imposed as part of a deferred disposition. The sponsor said the bill clarifies that trial courts may defer disposition with agreed conditions (treatment, restricted licenses, ignition interlock) and that an amendment removes deferred-disposition eligibility for commercial driver's-license holders (CDL).

Members focused on whether license suspensions should be allowed only where driving is an element of the offense. "If it's something that your license would be suspended for if you're found guilty... it is unlikely a number of prosecutors will allow you to get a better deal," one member warned, while prosecutors said suspensions are typically used in driving-related cases and should be tied to driving behavior.

Nathan Green, Commonwealth's Attorney for the City of Williamsburg and James City County, speaking for the Virginia Association of Commonwealth's Attorneys, said prosecutors supported the amendment addressing the concern but cautioned that the DUI provision would permit some pleas and outcomes even if the commonwealth objects. Justice Forward and other stakeholders discussed how the bill interacts with existing code sections.

The committee adopted limiting language referencing offenses "based upon the operation of a motor vehicle or boat or watercraft for which suspension of a driver's license is provided." The CDL amendment was adopted and, following roll call, committee reported the bill to the Senate floor.

Committee members said the measure aims to preserve prosecutorial and judicial discretion while clarifying statutory authority and guardrails so suspensions are not used in non-driving contexts.