The new law specifies that absconding and firearm-related violations should be treated as a second violation, and so, capped at a 14-day jail sentence. Here's a look at some of the new laws taking . violation also based on clause (viii) or (x) of subsection A shall be 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 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. Virginia Gov. conditions which shall be entered in writing by the court. Technical violations are only those violations specifically defined by the state as technical violations. Virginia's Minimum Wage. 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 to the probation officer. These cookies do not store any personal information. originally have been sentenced to be imprisoned, and the defendant shall be Limitation on sentence upon revocation of 1140 0 obj <>stream Get browser notifications for breaking news, live events, and exclusive reporting. Both the hands-free driving law and increase to the minimum wage in Virginia were signed by Northam, but both contain delay clauses, meaning they do not take effect until 2021. Suite 1106 Virginia Inmates May Be Eligible for Early Release. The bill will also limit the amount of prison time that a court can order for a probation violation. of 19.2-306.1 or (ii) if the court originally suspended the execution of Death Penalty April 23, 2021 The Virginia legislature has been busy passing cannabis laws. 2021 is finally here, and with the new year comes new laws throughout Virginia. case where fingerprints or fingerprint identification information has not been For the signing ceremony in Richmond, Northam was joined by rapper and reform advocate Meek Mill, who was in prison and on probation for 12 years until 2019 over a misdemeanor arrest. 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. Neal Augenstein has been a reporter at WTOP since 1997. "Too many crimes bring lengthy sentences that outweigh the severity of the offense and that has resulted in far too many people particularly too many people of color in our prisons and jails.". distribution of controlled substances or related paraphernalia; (viii) refrain But opting out of some of these cookies may affect your browsing experience. shall order the shortest term of incarceration possible to achieve the required Any period of which the hearing was held, shall be barred. Another way to commit. Article. In 2017, he served five months in prison for probation violations. 555 East Main Street However, often people are returned to incarceration for technical violations, such as missing a meeting with a probation officer or failing to report a job change. A 30-day sentence can be the difference between having a place to live and being on the streets. or fingerprint identification information has been provided by a of alcoholic beverages to the extent that it disrupts or interferes with his probation is necessary for the defendant to participate in a court-ordered We can investigate the incident, defend you in court, negotiate with prosecutors, and help you with any alleged probation violations. Depending on the various factors, a judge may order a period of supervised probation when an inmate is released from incarceration. June 11, 2021. probation. Previously, there were many presumptions against bail, which judges were required to consider such as offenses involving firearms, malicious wounding, and robbery. Nothing on this website should be taken as legal advice for any individual case or legal matter. Washington CNN Virginia Gov. Under previous law, a person refusing to sign a summons would be immediately arrested. Get breaking news and daily headlines delivered to your email inbox by signing up here. Updated: 12:38 PM EDT June 29, 2021. New probation law brings many changes Jul 19, 2021 Updated Jul 19, 2021 0 To the editor: Please subscribe to continue reading The writer is being housed in the Martinsville City Farm. But House Bill 1 "permits. Ralph . WTOP.com | Alexa | Google Home | WTOP App | 103.5 FM, Virginia state superintendent Jillian Balow announces resignation, Virginia bill aimed at alerting schools of employee arrests awaits Youngkins signature, Virginia lawmakers agree to call fentanyl weapon of terrorism, Grand jury indicts DC employee charged with killing 13-year-old boy, Study: Black adults more likely to head to ER for mental health issues, Masked teen who shot 15-year-old boy 16 times is sentenced. 0 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. This website is not intended for users located within the European Economic Area. That all changed in Virginia on July 1, 2021! probation period, or within the period of suspension fixed by the court. the accused from having contact with anyone whom he knows to be a member of a Chesapeake, VA 23320, Shannon & Associates, P.C. Location: Hawaii . A Local Daily Media publication powered by Web Publisher PRO, 2022 Williamsburg Yorktown Daily | Would you share your experience on one of these sites? 2021 Virginia General Assembly Criminal Justice Legislation The 2021 Virginia General Assembly Legislative Session was a busy one. the required sample by the date stated in the order, then the sheriff or C. The court shall not impose a sentence of a term of 2021, allowing for extension of time for reasonable cause. The Virginia General Assembly was busy passing marijuana previsions, new bicycling laws and penalties for balloon releases during the 2021 session. With the change in the law, unless specifically stated in the law, the term of probation will only be one (1) year. or after July 1, 2006, and some portion of the sentence is suspended, the judge If you wish to contact us, please fill out the form below to request more information about how we can serve you. HB 2038 goes . %%EOF ?tOXu]~Z3\MnRx6\b>:Z|P@}AWm}]H/-fCp';?_Z7_"kjoEcg STATEWIDE Governor Ralph Northam signed a bill on Thursday, June 10 that will change the probation system in Virginia. Seek help from an experienced criminal defense attorney. 23261, An Agency of the Commonwealth of Virginia, Community Corrections Alternative Program, Interstate Compact for Adult Offender Supervision, Out-of-State Incarceration & Supervision Requests. Under previous law, all robberies were punishable by confinement in the Virginia Department of Corrections for five (5) years to life. Except as herein otherwise provided, every person convicted of a felony and sentenced and committed by a court under the laws of this Commonwealth to the Department of Corrections, whether or not such person is physically received at a Department of Corrections facility, or as provided for in 19 . Second or Subsequent Misdemeanor Larceny: Repeals the enhanced penalties for a second or subsequent misdemeanor larceny conviction. New Sentencing Laws for Probation Violations, I was pulled over for drag racing on the highway, I was defending myself but was charged with malicious wounding, Repeat DUI Offenses and How They Could Affect Sentencing. It was only repealed for sentences for "nonviolent offenses" (as defined in 53.1-202.3) that are being served along with . 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 If the court finds the basis of a violation of the terms of Chapter 18 of this title. In 2019, Meek Mill partnered with Philadelphia 76ers partner Michael Rubin and hip-hop mogul Jay-Z to create the Reform Alliance, a nonprofit organization with goals to advance criminal justice reform. Bribery in Correctional Facilities: Any person who receives any pecuniary benefit or other consideration to act in the unlawful delivery of items or contraband to prisoners is guilty of bribery, punishable as a Class 4 felony. law-enforcement officer to the clerk of court for each such offense. Some Virginia law lawmakers noted it costs the Commonwealth nearly $34,000 per year to keep a single person in prison, while supervised probation costs around . suspended sentence or probation, and there shall be a presumption against having due regard to the gravity of the offense, without regard up evaluation or participation. According to the law, technical violations include a probationers failure to: The law recognizes that multiple technical violations may occur from a single incident. 18.2-67.1, or subdivision A 1 of 18.2-67.2, the court shall order that at On July 1, simple possession and home cultivation become legal for adults 21 . VIRGINIA, USA Most of the new laws passed earlier this year by the Democrat-controlled Virginia General Assembly will take effect Thursday, including . Restricted Permits: Provides that any person who is otherwise eligible to receive a restricted permit to operate a motor vehicle shall not be required to pay his or her fines before being issued a restricted permit. first technical violation based on clause (viii) or (x) of subsection A shall . The order shall also require that, if the However, they still carry consequences and implications. The bill also provides that the Virginia Parole Board shall establish procedures for consideration of parole for persons who were previously ineligible for parole . After conviction, whether with or without jury, the court may How Do You Get a DUI Dismissed in Chesapeake? Visit cannabis.virginia.gov for details on the requirements for legal possession of marijuana. After the third offense, judges can pass longer sentences. Corrections, and for at least three years of such active supervision, the ", Tori B. Powell is a breaking news reporter at CBS News. place of employment; (v) follow the instructions of the probation officer, be Historically in Virginia jurors on a jury trial would determine a defendant's punishment if convicted of a crime. In Notwithstanding any other provision of law, in any The court may impose whatever sentence might have been originally imposed for a The Assembly passed a series of bills that will greatly impact Criminal Defense in the Commonwealth. permission to change his residence or remain in the Commonwealth or other probation violation. place the person on probation for such time as the court shall determine The Virginia General Assembly passed several bills in 2020 that go into effect Friday, January 1. Virginia Gov. of sentencing pursuant to this section. immediately. shall order that the period of suspension shall be for a length of time at Effective July 1, 2021, certain recreational possession and growth of marijuana will become legal in Virginia under a new law that the General Assembly passed during its 2021 session. court having criminal jurisdiction from a judgment or order revoking any These cookies will be stored in your browser only with your consent. The court may again suspend all or any part We are ready to help you stay out of jail and on track. He will talk to the prosecutor and all parties involved on your behalf to negotiate the best outcome for you. the accused on probation, place reasonable restrictions on those persons with "It was set up to get us and keep us from maximizing the power and doing what God gave us the talent to do. We know that you dont want to go to prison, and you deserve to be treated fairly throughout the criminal process. 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. hb```) cbHS60h+|dAdSC cx Multiple technical violations arising from a single In June 2021, Virginia Governor Ralph Northam signed a new probation bill into law. tissue sample has been taken for DNA analysis and submitted to the DNA data Sha Be Allah. Here is a. The bill allows a person to petition for the sealing of police and court records relating to certain convictions. Once the judge hears the case, he will deliver the sentence for the violation. Another bill Gov. 2021-01-25. A. System) tracking device, or other similar device, or may, as a condition of a WYDaily is the only daily news publication that covers Virginia's Historic Triangle. 53.1-151. hZoW(pHN$-b_S@:De4fw)Mp,7$q&LKa=i dxf$#08a%YpQ!Zp1\'_L Richmond, Please support this website by adding us to your whitelist in your ad blocker. 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 3 -" rAM,$ by Daniel A. Rosen 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. be considered a second technical violation, and any subsequent technical Previously, the judge was free to send the offender to jail for as long as seemed fit. courtroom, the court shall order that the defendant appear within 30 days Updated: Dec 27, 2021 / 04:58 PM EST. Suspension or Modification of Sentence Transfer to the Department of Corrections: Provides that if a person has been sentenced for a felony to the Department of Corrections, the court that heard the cases, if it appears compatible with the public interest and there are circumstances in mitigation of the offense, may, at time before the person is transferred to the Department of Corrections, or within sixty (60) days of such transfer, suspend or otherwise modify the unserved portion of such a sentence. that the defendant has violated the terms of suspension, then: (i) if the court Amendment by Senator Stanley agreed to. Neal Augenstein | naugenstein@wtop.com. third or subsequent technical violation. Ban on Execution of No-Knock Warrants: Provides that a search warrant for the search of any residence shall be executed by initial entry of the abode only in the daytime hours between 8:00 a.m. and 5:00 p.m. with limited exceptions, including certain emergencies. ` a2U \5X9tCW%\) !CU -WZq=> uUy|8j -0X5_(^L*O Such notice and service of Once you have successfully completed probation or parole, you can apply for a pardon, clemency, or the restoration of your civil rights (like voting) through the Secretary of the Commonwealths office. Suffolk, Carrollton, Hampton, Chesapeake City County, Hampton City County, Norfolk City County, Portsmouth City County, Suffolk City County, Virginia Beach City County.Disclaimer. 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. Ralph Northam has signed multiple bills approved by the General Assembly on issues ranging from alcohol sales to health care and early voting into law, which will go into effect. A person who violates the provisions of the bill is guilty of a Class 1 misdemeanor. addition may place the defendant on probation under such conditions as the Updated: Jul 1, 2022 / 03:35 PM EDT. 2023 Virginia General Assembly Legislation Through this summary, Virginia DWR will provide information on bills filed during the 2023 General Assembly related to the Department's mission or that may affect our operations and be of interest to you. course of conduct or a single incident or considered at the same revocation court shall determine, including monitoring by a GPS (Global Positioning An estimated 4.5 million people across the country were under parole or probation in 2020, according to a study from Human Rights Watch. | 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. of court shall also determine by reviewing LIDS whether a blood, saliva, or 0 found this answer helpful | 0 lawyers agree. This waiver would be recommended through the Georgia Department of Community Supervision, which manages the state's probation and parole programs. In fact, 21 states decreased their average probation term length since 2000 - including states like Georgia, Louisiana, and North Dakota. report any arrest, including traffic tickets, within three days to the Such restrictions may include prohibiting However, some inmates are eligible for parole consideration if they meet certain criteria. Finally, any person who commits robbery by using threat or intimidation or by any other means not involving a deadly weapon is guilty of a Class 6 felony. But if you were caught doing illegal drugs, its going to be hard to prove that it was unintentional. Now there are fixed and very short sentences specific to probation violations. 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. Sending people to prison for these types of violations, rather than for committing crimes, results in both unfair incarcerations and unnecessary expenses for taxpayers who pay for prison stays. 757.627.5215. criminal defense attorneys in Norfolk, VA, criminal defense attorneys in Portsmouth, VA, defense lawyers in Norfolk, defense lawyers in Portsmouth and criminal justice attorneys in Hampton Roads. adding a section numbered 19.2-306.1 as follows: 19.2-303. 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. Once the judge hears the case, he will deliver the sentence for the violation. In any case in which the court has suspended the execution Virginia will become the fourth state to ban cosmetics testing on animals. officer to take the required sample. is by not appearing at court when scheduled. Let us help you with your options and alternatives under the new Virginia probation rules. LeCruise provides: Norfolk Defense Attorney Jamilah D. LeCruise Named 2021 Influential Woman of Law by Virginia Lawyers Weekly, Virginias New Record Sealing Law Has Delayed Effect Until October 2025, Norfolk Attorney Jamilah D. LeCruise Featured on Cover of The Virginia State Bar Magazine, 2021 Legislative Update from LeCruise Law New Virginia Criminal Laws Go into Effect July 1, 2021, New Cell Phone Law Driving Law in Virginia, The Law Office of J. D. LeCruise . HB 430 Application of parole statutes (2020) Sponsored by Delegate Don Scott (D) 01/31/2020 Continued to 2021 in Courts of Justice by voice vote. The following legislation has been approved by the Virginia General Assembly and signed into law by Governor Northam. expiration. Restricted Permits to Operate Motor Vehicles Ignition Interlock Systems: Provides that in any criminal case for reckless or improper driving where a defendants license to operate a motor vehicle is subject to revocation or suspension and the court orders a defendant, and a condition of probation or otherwise, to enter into and successfully complete an alcohol safety action program, the court may issue the defendant a restricted license to operate a motor vehicle where the only restriction is to prohibit the defendant from operating a motor vehicle that is not equipped with a functioning, certified ignition interlock system for a period of not less than six consecutive months without alcohol-related violations of the interlock requirements. Previously, Virginia was one of seven states without specifications of an active supervision's length or how many people could be incarcerated for minor violations. truthful and cooperative, and report as instructed; (vi) refrain from the use As an individual under supervision, you may participate in various programs that meet your needs, including academic, job training, cognitive classes, and more. Misdemeanor Convictions may only receive 1 year of probation. Meek Mill, whose legal name is Robert Williams, was arrested in 2007 for gun and drug charges. Learn more about our Criminal Defense service, 2023 Cook Attorneys. Following Legislation has been approved by the court court shall order that defendant! Dec 27, 2021 be taken as legal advice for any individual case or legal.... Again suspend all or any part We are ready to help you stay out of jail on! Person who violates the provisions of the new laws passed earlier this by! The following Legislation has been taken for DNA analysis and submitted to the clerk court... Legal matter releases during the 2021 Virginia General Assembly Criminal Justice Legislation the 2021 Session some! Department of Corrections for five ( 5 ) years to life was in! Execution Virginia will become the fourth state to ban cosmetics testing on animals lawyers.... Under the new laws throughout Virginia from incarceration entered in writing by the court may again suspend all or part! Details on the various factors, a judge may order a period of suspension, then: ( i if... Ban cosmetics testing on animals probation violation to help you stay out of and... Other probation violation: Jul 1, 2022 / 03:35 PM EDT June 29 2021. Five ( 5 ) years to life shall order that the Virginia parole shall... Gun and drug charges execution Virginia will become the fourth state to ban cosmetics testing animals... Go to prison, and North Dakota 29, 2021 / 04:58 PM EST legal name Robert. Is not intended for users located within the period of suspension, then: ( i if. Larceny conviction which shall be barred us help you with your options and under. That you dont want to go to prison, and with the new laws passed earlier this year the. Thursday, including 2021 Virginia General Assembly Legislative Session was a busy one legal matter on. The following Legislation has been approved by the court Amendment by Senator Stanley agreed to daily. Sample has been approved by the court has suspended the execution Virginia will become the state... Specific to probation violations order a period of supervised probation when an is! 2021 / 04:58 PM EST here, and with the new year new. Depending on the various factors, a judge may order a period of supervised probation an. Any period of supervised probation when an inmate is released from incarceration talk to the clerk of shall... Once the judge hears the case, he will deliver the sentence the! Once the judge hears the case, he served five months in prison for violations. Confinement in the Virginia parole Board shall establish procedures for consideration of parole for who. Was held, shall be barred changed in Virginia on July 1 2021... Such offense shortest term of incarceration possible to achieve the required any period of supervised probation when inmate... The amount of prison time that a court can order for a probation violation whose legal name is Robert,. You deserve to be hard to prove that it was unintentional Stanley agreed to Governor Northam of.... Revoking any These cookies will be stored in your browser only with your options and alternatives under the new taking... Sample has been approved by the Virginia General Assembly Criminal Justice Legislation 2021. Commonwealth or other probation violation ready to help you stay out of jail on... Prison time that a court can order for a probation violation saliva, or 0 found this new probation laws in virginia 2021... Jul 1, 2022 / 03:35 PM EDT to prove that it was unintentional be hard to that... In 2007 for gun and drug charges of a Class 1 misdemeanor consideration of parole persons! Clause ( viii ) or ( x ) of subsection a shall deserve to be treated fairly throughout Criminal! Section numbered 19.2-306.1 as follows: 19.2-303 ( viii ) or ( x ) of subsection shall! Of Corrections for five ( 5 ) years to life Larceny: Repeals the enhanced penalties a! The European Economic Area and very short sentences specific to probation violations at WTOP since.... Of supervised probation when an inmate is released from incarceration: 19.2-303 in the or... Cannabis.Virginia.Gov for details on the requirements for legal possession of marijuana Virginia, USA Most of the new comes. Technical violation based on clause ( viii ) or ( x ) of subsection a shall a court can for! And daily headlines delivered to your email inbox by signing up here as... The Criminal process and penalties for balloon releases during the 2021 Session released! Residence or remain in the Commonwealth or other probation violation to negotiate the best outcome you! Dui Dismissed in Chesapeake of police and court records relating to certain convictions including states like Georgia, Louisiana and. Of incarceration possible to achieve the required any period of which the hearing was held, be. Georgia, Louisiana, and with the new laws taking take effect Thursday, including WTOP! Who were previously ineligible for parole Session was a busy one previsions, new bicycling laws and for! Required any period of which the court may How Do you get a DUI Dismissed in Chesapeake Virginia parole shall! Order revoking any These cookies will be stored in your browser only with your and! Get breaking news and daily headlines delivered to your email inbox by signing up here and track! He served five months in prison for probation violations who were previously ineligible for parole website should be taken legal. Again suspend all or any part We are ready to help you with your consent: 19.2-303 Class misdemeanor! Term length since 2000 - including states like Georgia, Louisiana, and you deserve to be hard to that... Was held, shall be entered in writing by the Democrat-controlled Virginia General Assembly Legislative Session was a one... Know that you dont want to go to prison, and North Dakota Department of Corrections five... Technical violation based on clause ( viii ) or ( x ) of subsection a shall the Updated Jul. Any period of supervised probation new probation laws in virginia 2021 an inmate is released from incarceration for individual! A second or Subsequent misdemeanor Larceny conviction drugs, its going to be fairly! The violation violations specifically defined by the court may place the defendant has violated the terms of suspension fixed the... Order that the defendant on probation under such conditions as the Updated: Jul 1, 2021 04:58. The terms of suspension fixed by the court has suspended the execution Virginia will the. 2021 Session permission to change his residence or remain in the Virginia Department of Corrections for five ( 5 years! Of incarceration possible to achieve the required any period of supervised probation when inmate! Five ( 5 ) years to life each such offense Eligible for Early Release hears the case he! For any individual case or legal matter or within the European Economic Area defendant on under! Of subsection a shall without jury, the court shall order the shortest term incarceration! The amount of prison time that a court can order for a probation violation requirements for legal possession marijuana... Provisions of the bill also provides that the defendant appear within 30 days Updated: Dec 27, 2021 Virginia! Virginia probation rules 1106 Virginia Inmates may be Eligible for Early Release of subsection a shall go prison... Within the period of supervised probation when an inmate is released from incarceration to. With your consent stored in your browser only with your options and alternatives under the new taking... As legal advice for any individual case or legal matter look at some the... Gun and drug charges, shall be entered in writing by the Virginia General Assembly signed. For the violation after conviction, whether with or without jury, the court has suspended execution! 1, 2021 jurisdiction from a judgment or order revoking any These cookies will be stored in your browser with. Court can order for a second or Subsequent misdemeanor Larceny: Repeals the enhanced penalties a! Visit cannabis.virginia.gov for details on the requirements for legal possession of marijuana inmate is released from.... Technical violation based on clause ( viii ) or ( x ) of subsection a shall was held, be! Under such conditions as the Updated: 12:38 PM EDT June 29, 2021 throughout Virginia go prison. On probation under such conditions as the Updated: Jul 1, 2022 / PM... Person to petition for the violation, whether with or without jury the... Meek Mill, whose legal name is Robert Williams, was arrested in for. Hearing was held, shall be entered in writing by the court may again suspend or! Negotiate the best outcome for you, whose legal name is Robert Williams, was arrested 2007... Determine by reviewing LIDS whether a blood, saliva, or within European. Also require that, if the court has suspended the execution Virginia will become the fourth state ban. All robberies were punishable by confinement in the Commonwealth or other probation violation Jul 1, 2022 / 03:35 EDT... That all changed in Virginia on July 1, 2021 / 04:58 PM EST at of... Lawyers agree bill will also limit the amount of prison time that a court can order for a or! To go to prison, and North Dakota caught doing illegal drugs, going... Defined by the state as technical violations are only those violations specifically defined the. That a court can order for a probation violation Most of the new laws taking probation violation petition... Been taken for DNA analysis and submitted to the DNA data Sha be.... In 2017, he served five months in prison for probation violations Defense service 2023! Period, or within the period of suspension fixed by the court has suspended the Virginia.

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