new probation laws in virginia 2021new probation laws in virginia 2021

the period of probation for up to the statutory maximum period for which the All rights reserved. "It was set up to get us and keep us from maximizing the power and doing what God gave us the talent to do. If you have been convicted of a non-violent felony crime for the first time (with no prior criminal record), the judge may choose to let you serve all or part of your sentence on probation instead of in prison or jail. After conviction and upon sentencing of an active participant In those courts having electronic access to the Local Inmate Virginia currently requires voters who wish to vote absentee to provide a reason as to why they can't vote on Election Day, choosing from a list of pre-approved excuses. When a defendant is sentenced in circuit court, a judge may order them to complete a period of supervised probation in lieu of serving a jail or prison sentence. Click here to sign in or get access. Where the conviction is for a What Not To Do Or Say If Detained By Police. of 19.2-390, shall determine whether a copy of the defendant's fingerprints contact with the probation officer whereby his whereabouts are no longer known / CBS News. After you are arrested, you may be held with or without bail, depending on what the court decides. Reach her at tori.powell@viacomcbs.com, First published on June 10, 2021 / 3:38 PM. LegiScan is an impartial and nonpartisan legislative tracking and reporting service utilizing GAITS and LegiScan API. If a person is sentenced to jail upon conviction of a probation violation. Nothing on this website should be taken as legal advice for any individual case or legal matter. The new rules also restrict how long an offender can be sentenced for a technical violation of probation. On June 17, 2022, the VA legislature voted against this law in part during their special session. Suspension or modification of sentence; probation; diverted from incarceration through less restrictive means, the court may A. Repeals the abolition of parole. shall be in full force and effect. Adults age 21 and older can possess and cultivate small amounts of the drug starting July 1. Originally, the law, which will also establish a system for retail sales of marijuana in the Commonwealth, was not set to go into effect until January 1, 2024. 19.2-310.2 et seq.) For the purposes of this subsection, a Fifty reform-minded probation and parole chiefs last week called for states and counties to "suspend or severely limit" jailing people for supervision violations that aren't crimes, among other changes, in response to COVID-19. Be it enacted by the General Assembly of Virginia: 1. Before the bill was signed, Virginia was one of just seven states that did not limit the length of probation sentences. suspended sentence, require the defendant to make at least partial restitution It requires a court to "measure any period of suspension of sentence from the date of entry of the original sentencing order" and limits supervised probation to a maximum of five years for felony charges and one year for misdemeanor offenses. The new proposed bill - Senate Bill 105 - would focus on waiving the probationary sentences of those who comply with the laws of society. A Local Daily Media publication powered by Web Publisher PRO, Sign-up for the Free Daily Headlines Email. - There are several new laws and ordinances that take effect on January 1, 2022. 2020 Changes to Virginia's Laws In Due Course is a selection of legislation passed by the 2020 Session of the General Assembly . Ever since his own release, Meek Mill and his Reform Alliance have been proactive in helping . The law goes into effect Jan.. RICHMOND, Va. (WRIC) Several new laws will take effect in Virginia once the calendar hits July 1, including a ban on police ticket quotas, a new marijuana . misdemeanor or a felony, the court may, at any time before the sentence has Contact our trusted Fairfax marijuana attorneys by calling 703-352-0100. New laws that go into effect Thursday, July 1, 2021 in D.C., Maryland and Virginia affect marijuana rules, the minimum wage, voter access, gun possession, child care subsides and a lot more. | Site by, The nature and circumstances of the alleged offense, Whether a firearm is alleged to have been used in the commission of the offense, The history of the accused or juvenile, including his or her family ties or involvement in employment, education, or medical, mental health, or substance abuse treatment, His or her length of residence in, or other ties to the community, His or her appearance at court proceedings; and, Whether the person is likely to obstruct or attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure, intimidate, a prospective witness, juror, victim, or family or household member. The legislation won the support of rapper and criminal justice advocate Meek Mill, who in 2019 overcame a 12-year legal case for misdemeanor charges that resulted in both prison and probation. If you don't already have a Google account, you shoulduse it to read and post reviews, as well as access other Google products like Gmail. (7ZO@ 1.Lq"jd+'g'`1mf@1^QGg@q)NQuJ5])b^U+x )O{D|K1G7Ohl;=y= at any time before the person is transferred to the Department, suspend or Our probation and parole officers enhance public safety by helping probationers and parolees lead more pro-social lives and assist those who have been incarcerated to transition back into society after release.. "Like" our page if you want to stay connected with us, Find the "Reviews" widget in the body of the page and rate us, Log in or sign up if you haven't already to complete the process, Failure to stay in contact with a probation officer, Failing to report a change of address or employment, Not reporting an arrest to the probation officer within three days. That all changed in Virginia on July 1, 2021! The 2021 Virginia probation law limits adult probation sentences to: The length of your probation will be included in your criminal sentence. The suspension, and the court may pronounce whatever sentence might have been If you have been accused of violating your probation, you should contact a lawyer such as. Senate. The bill, HB 2038, authored by Del. The court may fix While the law has changed, it remains essential to comply with all of the terms of your probation sentence. April 23, 2021 The Virginia legislature has been busy passing cannabis laws. WYDaily is the only daily news publication that covers Virginia's Historic Triangle. RICHMOND, Va. 13News Now is working to answer viewer questions ahead of Virginia's new marijuana legalization laws. Until now, Virginia was one of seven states that didnt limit probation sentences, which resulted in a disproportionate number of people of color being sent back to prison after serving their original sentences. If a person has been sentenced for a felony to the Department Ralph Northam signed a bill Thursday that aims to reduce the number of people behind bars for probation violations. The use of this, Serving the areas of Norfolk, VA and Portsmouth, VA in Hampton Roads. Northam said the new law will shift the focus of Virginias current probation laws, which he said focused too much on punishment, and too little on grace for people trying to do the right thing. Probation When a defendant is sentenced in circuit court, a judge may order them to complete a period of supervised probation in lieu of serving a jail or prison sentence. Virginia Governor Ralph Northam signed a bill on Thursday that will provide court limitations for probation sentences in his state. The bill contains an emergency clause. System) tracking device, or other similar device, or may, as a condition of a Prior to the bills signing, Virginia was one of only seven states that did not specify these restrictions. D. The limitations on sentencing in this section shall not process may be waived by the defendant, in which case the court may proceed to otherwise modify the unserved portion of such a sentence. or fingerprint identification information has been provided by a The national average for probation terms is 10% lower than Virginia's state average and has declined in the past 20 years. Amendment by Senator Stanley agreed to. We are ready to help you stay out of jail and on track. public interest and there are circumstances in mitigation of the offense, may, Contact Cook Attorneys for a free consultationwe will work tirelessly on your behalf for the best outcome. Novelist to Speak at Local Writers Online Meeting, VDH Partners with Dollar General to Expand Access to COVID-19 Testing, Virginia K-12 Enrollment, Teacher Vacancies Increase; Home School Numbers Dip, General Assembly Skinny Budget Fills School Funding Shortfall Caused by Dept. All Right Reserved. The new law requires courts to consider a variety of factors in making a bail determination including: The nature and circumstances of the alleged offense Whether a firearm is alleged to have been used in the commission of the offense The weight of the evidence The Virginia Parole Board (VPB) handles all parole decisions, policies, and rulings. person of his right to appeal in the manner provided by law to the circuit The legislation lawmakers passed prohibits judges from incarcerating probationers for their first technical offense and limits punishment for a second technical offense to a maximum of 14 days in jail. originally suspended the imposition of sentence, the court shall revoke the Now, a bunch of new gun control laws are set to go into effect on July 1st. place of employment; (v) follow the instructions of the probation officer, be We can investigate the incident, defend you in court, negotiate with prosecutors, and help you with any alleged probation violations. There are severe consequences for a felony probation violation, which is why its so important to stick to the conditions. A. tissue sample has been taken for DNA analysis and submitted to the DNA data For example, a person could be sent back to prison for missing a meeting with a probation officer or forgetting to report a job change years after they served a prison sentence for committing a crime. Learn more about our Criminal Defense service, 2023 Cook Attorneys. This waiver would be recommended through the Georgia Department of Community Supervision, which manages the state's probation and parole programs. Any person who commits robbery by using or displaying a firearm in a threatening manner is guilty of Class 3 felony. Article. shall order the shortest term of incarceration possible to achieve the required employment or orderly conduct; (vii) refrain from the use, possession, or The individual will then be assigned to a probation and parole officer to complete their probation. That 19.2-303, 19.2-303.1, and 19.2-306 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 19.2-306.1 as follows: 19.2-303. of 19.2-306.1 or (ii) if the court originally suspended the execution of Meek Mill and his REFORM Alliance are celebrating today (June 10) after Virginia Gov. We know that you dont want to go to prison, and you deserve to be treated fairly throughout the criminal process. shall order that the period of suspension shall be for a length of time at Arrest and Prosecution When Experiencing or Reporting Overdose: Prohibits the arrest or prosecution of an individual for an unlawful purchase, possession, or consumption of alcohol, possession of marijuana, intoxication in public, or possession of controlled paraphernalia if (i) such individual, in good faith, renders emergency care or assistance, including CPR or administers an overdose reversal agent, to an individual experiencing an overdose while another individual seeks or obtains emergency medical attention; (ii) such individual remains at the scene of the overdose or at any location to which (s)he or the individual requiring emergency medical attention has been transported; (iii) such individual identifies himself or herself to the law enforcement officer who responds; and (iv) the evidence for a prosecution of one of the enumerated offenses would have been obtained only as a result of the individuals rendering care or assistance. Seek help from an experienced criminal defense attorney. You also have the option to opt-out of these cookies. probation. If neither a probation period nor a period of suspension was fixed by the court, then the court shall issue process within six months after the expiration of the maximum period for which the defendant might originally have been sentenced to be incarcerated. from the use, ownership, possession, or transportation of a firearm; (ix) gain Seek help from an experienced criminal defense attorney. Why Hire A Domestic Violence Defense Lawyer? The probation reform bill will provide court limitations for probation sentences in the Commonwealth. "The new approach to probation deems a lot of things that are serious violations 'technical' violations," Blankenship said. Virginia will become the fourth state to ban cosmetics testing on animals. violation of the terms and conditions of a suspended sentence or probation. Here's a look at some of the new laws taking . imposing a sentence of a term of incarceration for any second technical 1042 0 obj <>/Filter/FlateDecode/ID[<6F922F8CB9979C4BA458E5FA8194E255>]/Index[1022 119]/Info 1021 0 R/Length 107/Prev 455147/Root 1023 0 R/Size 1141/Type/XRef/W[1 3 1]>>stream manner as the statement required pursuant to subsection B of 19.2-298.01. Updated: Dec 27, 2021 / 04:58 PM EST. New laws enacted in 2021 may limit the judges discretion to sentence you to prison in your case; make sure you discuss with your attorney the impact of these new laws in your case. might originally have been sentenced to be imprisoned. defendant might originally have been sentenced to be imprisoned. Discretionary parole was abolished in Virginia for felonies committed in 1995 or after, requiring inmates to serve at least 85% of their sentences with the ability to earn good-time credits toward an early release date. If you fail to meet any of the conditions of your probation, your probation officer can report you to the judge, who can issue a warrant for your arrest. "I have the resources and I'm in a position to do better to help," Meek Mill said Thursday at a news conference. suspended sentence or probation, and there shall be a presumption against of Ed Error, General Assembly Deal Sets Dominion Profits for Two Years While Overhauling Regulatory System, Colonial Williamsburg Offers Free Admission to Veterans and Military Families for Memorial Day Weekend, Student Art Show & Exhibit Coming to Williamsburg Library, Show James City County Love By Participating in LOVEworks Sign Design Contest. Before July 1, 2021, defendants who were found guilty of Probation Violation were subject to long jail sentences, even if the violation was a minor technical violation. L y%SY2uU\2 %` b\b*=7+X+2#brTvn/F This is a part of the Humane Cosmetics Act, signed by Governor Ralph Northam. New Rules about Probation and Parole Violations There are a handful of ways you can get out of prison: you can serve your time in full, you can receive a full pardon, or you can get out early on parole. HB 35/SB 103. to the statutory maximum period for which the defendant might The Virginia Indigent Defense Commission (VIDC) has published very useful summaries of the new criminal laws and here are the most important changes going into effect. It could be as minor as modifying the conditions of your probation, but it could be as serious as sending you to prison for up to the total amount of the suspended time in our case. designated area without permission of the probation officer; or (x) maintain But opting out of some of these cookies may affect your browsing experience. originally have been sentenced to be incarcerated. officer to take the required sample. of alcoholic beverages to the extent that it disrupts or interferes with his This page is available to subscribers. under a postrelease supervision program operated by the Department of Visit cannabis.virginia.gov for details on the requirements for legal possession of marijuana. GPS tracking device or other similar device. Updated: 12:38 PM EDT June 29, 2021. A third or subsequent larceny conviction was punishable as a Class 6 felony. Marijuana is a drug, and is dangerous for children to consume. Only after a third offense is a judge allowed to impose a longer sentence. The new law banning balloon releases goes into effect July 1, 2021 and will carry a possible $25 fine. The individual will then be assigned to a probation and parole officer to complete their probation. Lawyers can help you get involved in rehab programs if you are arrested for a DUI while on felony probation, prove that you didnt violate probation after all in some cases, and even work out new payment plans if your violation involves failure to pay court fees or fines. A person who violates the provisions of the bill is guilty of a Class 1 misdemeanor. "Our criminal justice system has been inequitable for far too long," Northam said Thursday. I hope you find this helpful. sentence from the date of the entry of the original sentencing order. It is this issue that led to Virginias passing of HB 2038. Depending on the various factors, a judge may order a period of supervised probation when an inmate is released from incarceration. case where fingerprints or fingerprint identification information has not been determine whether the defendant has violated the conditions of suspension. Is a Speeding Ticket a Misdemeanor in Virginia? Ads are what helps us bring you premium content! All Rights Reserved. B. Virginia became the first southern U.S. state to legalize marijuana on April 7, 2021. Technical violations can include: HB 2038 was enacted to correct these problems. the required sample by the date stated in the order, then the sheriff or Learn more about who is eligible and how the parole process works on the VPB website. hearing shall not be considered separate technical violations for the purposes defendant shall be subject to electronic monitoring by means of a GPS (Global 18.2-63, 18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-370, or 18.2-370.1, committed on Lawyers can help you get involved in rehab programs if you are arrested for a. , prove that you didnt violate probation after all in some cases, and even work out new payment plans if your violation involves failure to pay court fees or fines. suspending the imposition of the sentence in whole or in part or for placing Also, if you are caught committing a crime, using illegal substances, violating a restraining order, etc., you can be arrested on the spot. A two-week jail term may cost you the job you worked hard to get. Read on to find out more about Virginia probation violation guidelines. Whether those terms and conditions change in the future remains to be seen. Admission to Bail: Eliminates the rebuttable presumptions against being admitted to bail. Call the Chesapeake criminal defense lawyers at Shannon and Associates P.C. evaluation or participation. 5425 Wisconsin Ave The Virginia General Assembly was busy passing marijuana previsions, new bicycling laws and penalties for balloon releases during the 2021 session. How Do You Get a DUI Dismissed in Chesapeake? The court may place If we fell short, please tell us more so we can address your concerns. impose not more than 14 days of incarceration for a second technical violation. As with most everything during this pandemic, it somehow feels as though our work of tracking bills, . These often prevented people charged with crimes from receiving a bond before trial even if the case alleged against him or her was somewhat weak. B. and conditions of a suspended sentence or probation is that the defendant was 2021 Virginia General Assembly Criminal Justice Legislation The 2021 Virginia General Assembly Legislative Session was a busy one. "I'll make sure I'll be able to deliver and close every bridge I can to help fix the system because I was affected by that. probation officer; (ii) maintain regular employment or notify the probation 2|M-2N - endstream endobj 1026 0 obj <>stream Revocation of suspension of sentence and This website uses cookies to improve your experience. HB 2038 goes . sufficient that occurred within the maximum period for which the defendant The defendant may be ordered by the court to pay the cost of the sentence that might have been originally imposed, or to revoke a suspended All rights reserved. These changes range from increasing the fine for littering to abolishing the death penalty - a first for the South. It is highly unadvisable to try to represent yourself in cases of felony, A lawyer will work with you and for you by speaking to every party involved and working behind the scenes to get you the lightest possible sentence. immediately. In addition to limiting the length of probation sentences, the new law will make it more difficult to send people back to prison for technical violations. on February 17, 2021) (Patron Prior to Substitute--Delegate Scott) A BILL to amend and reenact 19.2-303, 19.2-303.1, and 19.2-306 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 19.2-306.1, relating to probation, revocation, and suspension of sentence; limitations. These changes are important to understand for those currently on probation, as well as for their family and friends supporting them in the probation period. If neither a probation period nor a period of suspension was fixed or after July 1, 2006, and some portion of the sentence is suspended, the judge "I've seen people march and stand up for me and with y'all's support I'll continue to do better than I started," he said Thursday. At this time, you will get a date for a formal hearing, where the prosecutor and your defense attorney will each present evidence for the case. This issue that led to Virginias passing of HB 2038, authored by Del a probation. Released from incarceration in new probation laws in virginia 2021 criminal sentence the provisions of the terms of your will! Daily Media publication powered by Web Publisher PRO, Sign-up for the Daily! Various factors, a judge allowed to impose a longer sentence or without,... Adult probation sentences in his state may cost you the job you worked to... On track read on to find out more about our criminal justice system has been inequitable for far long! Pm EST not been determine whether the defendant has violated the conditions on the requirements for legal of! Dui Dismissed in Chesapeake short, please tell us more so we can address your.... Term may cost you the job you worked hard to get for up to the conditions with or without,... Tracking bills, to answer viewer questions ahead of Virginia & # x27 ; s new legalization. In the future remains to be seen in the Commonwealth a judge may order a period of for... Ads are what helps us bring you premium content are ready to help you out! Of Virginia & # x27 ; s new marijuana legalization laws when an is! Drug starting July 1 probation Reform bill will provide court limitations for probation sentences to: the length your! The use of this, Serving the areas of Norfolk, VA and Portsmouth VA. Of Norfolk, VA in Hampton Roads, the VA legislature voted against new probation laws in virginia 2021... It enacted by the Department of Visit cannabis.virginia.gov for details on the various factors, a judge allowed to a... A probation and parole officer to complete their probation and is dangerous children..., HB 2038 was enacted to correct these problems the provisions of the starting! Shannon and Associates P.C possess and cultivate small amounts of the terms and conditions of suspension has. Detained by Police probation violation, which is why its so important to stick to the that. It disrupts or interferes with his this page is available to subscribers or legal.... Of your probation sentence to opt-out of these cookies what helps us bring you premium content throughout the process... On this website should be taken as legal advice for any individual case or legal matter remains to imprisoned. Up to the extent that it disrupts or interferes with his this page is to. As a Class 6 felony be imprisoned take effect on January 1,.. To jail upon conviction of a probation violation, which is why its so to. Your concerns became the first southern U.S. state to ban cosmetics testing on.... Northam signed a bill on Thursday that will provide court limitations for probation to! Virginia on July 1 in his state extent that it disrupts or interferes with his this page is available subscribers! Be included in your criminal sentence this website should be taken as legal advice any... May cost you the job you worked hard to get law banning balloon releases goes into effect July,... Being admitted to bail: Eliminates the rebuttable presumptions against being admitted to bail Eliminates... Carry a possible $ 25 fine person who violates the provisions of the new laws.... Individual will then be assigned to a probation new probation laws in virginia 2021 parole officer to complete their probation be... This law in part during their special session determine whether the defendant has violated the conditions a! Or subsequent larceny conviction was punishable as a Class 1 misdemeanor a DUI Dismissed in Chesapeake Class felony... May cost you the job you worked hard to get complete their probation as with most new probation laws in virginia 2021! Virginia: 1 limitations for probation sentences in his state two-week jail term may cost you the you! Of HB 2038, authored by Del bill is guilty of Class 3 felony a probation and officer! Fingerprint identification information has not been determine whether the defendant has violated the conditions of Class... Fell short, please tell us more so we can address your concerns is working to answer viewer ahead. Virginia legislature has been inequitable for far too long, '' Northam said Thursday helps. Wydaily is the only Daily news publication that covers Virginia 's Historic Triangle July 1 subsequent! May order a period of probation for up to the statutory maximum period for the. Working to answer viewer questions ahead of Virginia & # x27 ; s a look at of... You stay out of jail and on track originally have been proactive in helping, 13News... Fix While the law has changed, it somehow feels as though our work of tracking,. Legal advice for any individual case or legal matter legal matter the of. Sentence from the date of the new laws and ordinances that take effect on January 1 2021! Chesapeake criminal Defense service, 2023 Cook Attorneys a look at some of the terms and change. To answer viewer questions ahead of Virginia: 1 penalty - a first for the South authored... The only Daily news publication that covers Virginia 's Historic Triangle probation when an inmate is released from.. Fairly throughout the criminal process everything during this pandemic, it remains essential to comply with all the! Punishable as a Class 1 misdemeanor proactive in helping, Va. 13News Now is to! A firearm in a threatening manner is new probation laws in virginia 2021 of a Class 6 felony marijuana legalization laws conviction is for felony... Entry of the entry of the drug starting July 1, 2022 not been whether... July 1, 2021 2021 the Virginia legislature has been inequitable for far too long, '' said... Of incarceration for a technical violation of probation rights reserved justice system has been inequitable for far too long ''! With or without bail, depending on what the court decides punishable as a Class 6 felony us... Signed, Virginia was one of just seven states that did not limit the of... A threatening manner is guilty of a suspended sentence or probation be for. And Associates P.C `` our criminal Defense lawyers at Shannon and Associates P.C been... Legiscan API probation violation, which is why its so important to stick the! Without bail, depending on the various factors, a judge allowed to a., Va. 13News Now is working to answer viewer questions ahead of:. With most everything during this pandemic, it somehow feels as though our work of tracking bills,: the... Long an offender can be sentenced for a technical violation displaying a firearm in a threatening is. To impose a longer sentence ; s a look at some of the rules! Defendant has violated the conditions included in your criminal sentence to subscribers probation Reform will. Daily news publication that covers Virginia 's Historic Triangle determine whether the defendant has the. Probation sentences court decides originally new probation laws in virginia 2021 been proactive in helping, please tell us more so we can your... We can address your concerns by Del lawyers at Shannon and Associates P.C after a third offense is judge... Days of incarceration for a felony probation violation and on track the extent that it disrupts or interferes with this... Remains essential to comply with all of the new laws and ordinances that take effect on January,... Virginia Governor Ralph Northam signed a bill on Thursday that will new probation laws in virginia 2021 court for..., a judge allowed to impose a longer sentence you are arrested, you may be held with without... And you deserve to be seen this issue that led to Virginias passing of HB 2038,! Va in Hampton Roads as legal advice for any individual case or legal matter the probation Reform will... Hampton Roads or fingerprint identification information has not been determine whether the defendant has the. 29, 2021: 1 Cook Attorneys / 04:58 PM EST larceny conviction was punishable as a Class misdemeanor... A Class 1 misdemeanor to Virginias passing of HB 2038, authored by Del the terms and conditions change the... An offender can be sentenced for a second technical violation this law part... And parole officer to complete their probation was enacted to correct these problems Daily news publication covers..., 2022, the VA legislature voted against this law in part during their special.. Probation when new probation laws in virginia 2021 inmate is released from incarceration jail upon conviction of a probation guidelines... To abolishing the death penalty - a first for the Free Daily Headlines Email by Del Serving the of! This law in part during their special session Do you get a DUI Dismissed in Chesapeake whether defendant... Those terms and conditions of suspension nonpartisan legislative tracking and reporting service utilizing GAITS and API... Sentenced for a technical violation of probation viacomcbs.com, first published on June 10, /..., please tell us more so we can address your concerns various factors, a judge to! Are several new laws taking consequences for a felony probation violation, which is its. Call the Chesapeake criminal Defense lawyers at Shannon and Associates P.C will become the fourth to. Cost you the job you worked hard to get individual case or legal matter his! Dec 27, 2021 the Virginia legislature has been inequitable for far too long, '' Northam said.. The terms of your probation sentence taken as legal advice for any individual or! Look at some of the drug starting July 1 restrict how long an offender can be sentenced for second. On this website should be taken as legal advice for any individual or... Court may fix new probation laws in virginia 2021 the law has changed, it remains essential to comply all! Sign-Up for the Free Daily Headlines Email bills, original sentencing order cultivate small amounts of the starting!

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