Bill Text: VA HB70 | 2016 | Regular Session | Comm Sub
Bill Title: Warrants; issuance of arrest warrants against law-enforcement officers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Vetoed) 2016-04-20 - Requires 67 afirmative votes to override Governor's veto [HB70 Detail]
Download: Virginia-2016-HB70-Comm_Sub.html
16105663D
Be it enacted by the General Assembly of Virginia: 1. That §§19.2-71 and 19.2-72 of the Code of Virginia are amended and reenacted as follows: §19.2-71. Who may issue process of arrest. A. Process for the arrest of a person charged with a criminal
offense may be issued by the judge, or clerk of any circuit court, any general
district court, any juvenile and domestic relations district court, or any
magistrate as provided for in Chapter 3 (§19.2-26 et seq.) B. No law-enforcement officer shall seek issuance of process by any judicial officer, for the arrest of a person for the offense of capital murder as defined in §18.2-31, without prior authorization by the attorney for the Commonwealth. Failure to comply with the provisions of this subsection shall not be (i) a basis upon which a warrant may be quashed or deemed invalid, (ii) deemed error upon which a conviction or sentence may be reversed or vacated, or (iii) a basis upon which a court may prevent or delay execution of sentence. §19.2-72. When it may issue; what to recite and require. On complaint of a criminal offense to any officer authorized
to issue criminal warrants he shall examine on oath the complainant and any
other witnesses, or when such officer shall suspect that an offense punishable
otherwise than by a fine has been committed he may, without formal complaint,
issue a summons for witnesses and shall examine such witnesses. A written
complaint shall be required if the complainant is not a law-enforcement
officer. If upon such examination such officer finds that there is probable
cause to believe the accused has committed an offense, such officer shall issue
a warrant for his arrest, except that no magistrate may issue an arrest warrant
for (i) a felony offense or (ii) a misdemeanor offense where the
accused is a law-enforcement officer and the alleged offense arises out of the
performance of his public duties upon the basis of a complaint by a person
other than a law-enforcement officer or an animal control officer without prior
authorization by the attorney for the Commonwealth or by a law-enforcement
agency having jurisdiction over the alleged offense; however, if a conflict
of interest exists for the attorney for the Commonwealth having jurisdiction
over the alleged offense, an attorney for the Commonwealth appointed pursuant
to §19.2-155 may authorize the issuance of an arrest warrant. The
warrant shall |