VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to amend and reenact §§19.2-71 and 19.2-72 of the Code
of Virginia, relating to issuance of warrants for law-enforcement officers by a
magistrate.
[H 70]
Approved
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.) of this title.
However, no magistrate may issue an arrest warrant for a felony offense 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. In addition, no magistrate may issue an arrest warrant for
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.
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 (i) (a) be directed to an appropriate officer or officers,
(ii) (b) name the accused or, if his name is unknown, set forth a
description by which he can be identified with reasonable certainty, (iii)
(c) describe the offense charged with reasonable certainty, (iv)
(d) command that the accused be arrested and brought before a court of
appropriate jurisdiction in the county, city or town in which the offense was
allegedly committed, and (v) (e) be signed by the issuing
officer. The warrant shall require the officer to whom it is directed to summon
such witnesses as shall be therein named to appear and give evidence on the
examination. But in a city or town having a police force, the warrant shall be
directed "To any policeman, sheriff or his deputy sheriff of such city (or
town)," and shall be executed by the policeman, sheriff or his deputy
sheriff into whose hands it shall come or be delivered. A sheriff or his deputy
may execute an arrest warrant throughout the county in which he serves and in
any city or town surrounded thereby and effect an arrest in any city or town
surrounded thereby as a result of a criminal act committed during the execution
of such warrant. A jail officer as defined in §53.1-1 employed at a regional
jail or jail farm is authorized to execute a warrant of arrest upon an accused
in his jail. The venue for the prosecution of such criminal act shall be the
jurisdiction in which the offense occurred.
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