                                 CODE OF VIRGINIA

COLLECTION AND REPORTING OF DATA RELATED TO DRIVING UNDER THE INFLUENCE OF
ALCOHOL, DRUGS, OR A COMBINATION THEREOF (§ 46.2-223.1)

A. The Department shall collect data related to driving under the influence of
alcohol, drugs, or a combination thereof, on an annual basis based on the
calendar year. The Department may request data and shall be provided such data
upon request from (i) every department, division, board, bureau, commission,
authority, or other agency created by the Commonwealth, or to which the
Commonwealth is a party, or any political subdivision thereof; (ii) any criminal
justice agency as defined in &#xA7; 9.1-101; and (iii) the clerk of each circuit
court. If the statewide Circuit Court Case Management System is used by the
circuit court clerk, the Executive Secretary of the Supreme Court shall provide
for the transfer of such data upon request of the Department.

B. The Department shall annually collect the following data based on the
calendar year:

   1. The number of motor vehicle and commercial motor vehicle crashes, injuries,
   serious injuries, and fatalities that involved alcohol, drugs, or a
   combination of alcohol and drugs, as maintained by the Department;

   2. The number of drivers, passengers, bicyclists, and pedestrians killed in
   motor vehicle and commercial motor vehicle crashes, including the blood
   alcohol content and any drugs identified in the blood of each decedent driver,
   as maintained by the Office of the Chief Medical Examiner;

   3. The number of full-time, sworn officer positions allotted to each
   law-enforcement agency and the number of full-time, sworn officers employed by
   each law-enforcement agency, as maintained by the Department of State Police;

   4. The number of arrests for violations of &#xA7;&#xA7; 18.2-36.1, 18.2-51.4,
   18.2-266, 18.2-266.1, 18.2-268.3, 18.2-270.1, 18.2-272, 46.2-341.24,
   46.2-341.26:3, 46.2-341.29, and 46.2-341.31, as maintained by the Department
   of State Police;

   5. The number of charges and convictions for violations of &#xA7;&#xA7;
   18.2-36.1, 18.2-51.4, 18.2-266, 18.2-266.1, 18.2-268.3, 18.2-270.1, 18.2-272,
   46.2-341.24, 46.2-341.26:3, 46.2-341.29, and 46.2-341.31 across all district
   and circuit courts, as maintained by the Executive Secretary of the Supreme
   Court of Virginia or any circuit court clerk who maintains an independent case
   management system;

   6. The number of adults sentenced to a term of incarceration for violations of
   &#xA7;&#xA7; 18.2-36.1, 18.2-51.4, 18.2-266, 18.2-266.1, 18.2-268.3,
   18.2-270.1, 18.2-272, 46.2-341.24, 46.2-341.26:3, 46.2-341.29, and
   46.2-341.31, including the active period of incarceration imposed and the
   length of time that the person was incarcerated, as maintained by the
   Compensation Board and the Department of Corrections;

   7. The number of individuals ordered to report to the Virginia Alcohol Safety
   Action Program and the number of individuals under the supervision of such
   program, as maintained by the Virginia Alcohol Safety Action Program;

   8. The number of ignition interlock devices installed on motor vehicles and
   the number of remote alcohol monitoring devices applied to individuals, as
   maintained by the Virginia Alcohol Safety Action Program;

   9. The number of breath alcohol tests administered and the average blood
   alcohol concentration test results, as maintained by the Department of
   Forensic Science;

   10. The number of driving under the influence-related blood sample submissions
   and any drugs or drug classes identified in such samples, as maintained by the
   Department of Forensic Science;

   11. The total number of restrictions, suspensions, and revocations of Virginia
   driver&#8217;s licenses and commercial driver&#8217;s licenses for driving
   under the influence, as maintained by the Department;

   12. The number of specific driving under the influence-related enforcement
   measures conducted by law-enforcement agencies, such as sobriety checkpoints,
   saturation patrols, and any other relevant measures, as maintained by the
   Department;

   13. The total amount of grant money awarded to Virginia, each law-enforcement
   agency, and any other entity that is not a law-enforcement agency by the
   National Highway Traffic Safety Administration, as maintained by the
   Department; and

   14. Any other data deemed relevant and reliable by the Department.

C. The Department shall submit an annual report based on the data collected
pursuant to subsection B on or before October 1 to the General Assembly, the
Governor, and the Virginia State Crime Commission. The report shall also be made
available to the public on the website of the Department. The data set forth in
subsection B shall be reported at aggregate statewide level based on the
calendar year over a period of at least five years and, to the extent possible,
shall also be reported at an aggregate level by locality and by law-enforcement
agency over the same time period. Additionally, to the extent possible, the data
shall distinguish between alcohol, drug, or alcohol and drug impaired driving.
Such report may also include recommendations to improve the enforcement of
driving under the influence laws or the collection of relevant data.

D. Nothing in this section shall require any (i) department, division, board,
bureau, commission, authority, or other agency created by the Commonwealth, or
to which the Commonwealth is a party, or any political subdivision thereof; (ii)
criminal justice agency as defined in &#xA7; 9.1-101; or (iii) clerk of circuit
court to provide data to the Department if the requested data is not regularly
maintained by such entity or if such data is prohibited from such disclosure
under any other law or under the Virginia Rules of Professional Conduct.

HISTORY: 2023, cc. 660, 661.