Bill Text: VA SB1150 | 2019 | Regular Session | Enrolled
Bill Title: Warrants; issuance by magistrates.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Vetoed) 2019-04-03 - Requires 2/3 affirmative votes to pass in enrolled form [SB1150 Detail]
Download: Virginia-2019-SB1150-Enrolled.html
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; however, if no arrest warrant is issued in response to a written
complaint made by such complainant, the written complaint shall be returned to
the complainant. 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.
