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2001 SESSION

015915536
SENATE BILL NO. 1273
Offered January 10, 2001
Prefiled January 10, 2001
A BILL to amend and reenact § 19.2-81 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 46.2-102.1, relating to motor vehicle code; arrest without a warrant.
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Patrons-- Wagner, Rerras and Stolle; Delegates: Drake, McDonnell, Suit and Tata
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:

That § 19.2-81 of the Code of Virginia is amended and reenacted, and that the Code of Virginia is amended by adding a section numbered 46.2-102.1 as follows:

§ 19.2-81. Arrest without warrant authorized in certain cases.

The following officers shall have the powers of arrest as provided in this section:

1. Members of the State Police force of the Commonwealth,

2. Sheriffs of the various counties and cities, and their deputies,

3. Members of any county police force or any duly constituted police force of any city or town of the Commonwealth,

4. The Commissioner, members and employees of the Marine Resources Commission granted the power of arrest pursuant to § 28.2-900,

5. Regular game wardens appointed pursuant to § 29.1-200,

6. United States Coast Guard and United States Coast Guard Reserve commissioned, warrant, and petty officers authorized under § 29.1-205 to make arrests, and

7. The special policemen of the counties as provided by § 15.2-1737, provided such officers are in uniform, or displaying a badge of office.

Such officers may arrest, without a warrant, (i) any person who commits any crime in the presence of the officer and , (ii) any person whom he has reasonable grounds or probable cause to suspect of having committed a felony not in his presence, and (iii) in addition to (i) and (ii), any person who violates a provision of Title 46.2 (§ 46.2-100 et seq.) if the arresting officer received a radio message from an officer who observed the violation.

Any such officer may arrest without a warrant any person whom the officer has probable cause to suspect of operating a watercraft or motor boat (i) while intoxicated in violation of subsection B of § 29.1-738 or (ii) in violation of an order issued pursuant to § 29.1-738.4, in his presence, and may thereafter transfer custody of the person suspected of the violation to another officer, who may obtain a warrant based upon statements made to him by the arresting officer.

Any such officer may, at the scene of any accident involving a motor vehicle, watercraft as defined in § 29.1-712 or motorboat, or at any hospital or medical facility to which any person involved in such accident has been transported, or in the apprehension of any person charged with the theft of any motor vehicle, on any of the highways or waters of the Commonwealth, upon reasonable grounds to believe, based upon personal investigation, including information obtained from eyewitnesses, that a crime has been committed by any person then and there present, apprehend such person without a warrant of arrest.

Such officers may arrest, without a warrant, persons duly charged with a crime in another jurisdiction upon receipt of a photocopy of a warrant, telegram, computer printout, facsimile printout, a radio, telephone or teletype message, in which photocopy of a warrant, telegram, computer printout, facsimile printout, radio, telephone or teletype message shall be given the name or a reasonably accurate description of such person wanted and the crime alleged.

Such officers may arrest, without a warrant, for an alleged misdemeanor not committed in his presence when the officer receives a radio message from his department or other law-enforcement agency within the Commonwealth that a warrant for such offense is on file.

Such officers may also arrest without a warrant for an alleged misdemeanor not committed in their presence involving (i) shoplifting in violation of § 18.2-96 or § 18.2-103 or a similar local ordinance, (ii) carrying a weapon on school property in violation of § 18.2-308.1, (iii) assault and battery, (iv) brandishing a firearm in violation of § 18.2-282, or (v) destruction of property in violation of § 18.2-137, when such property is located on premises used for business or commercial purposes, or a similar local ordinance, when any such arrest is based on probable cause upon reasonable complaint of the person who observed the alleged offense. The arresting officer may issue a summons to any person arrested under this section for a misdemeanor violation involving shoplifting.

46.2-102.1.Arrest without warrant for violation of this title.

Notwithstanding the provisions of § 46.2-1094, any law-enforcement officer who is in uniform or displays his badge or other sign of authority may arrest without a warrant the driver of a motor vehicle for a violation of any provision of this title if the officer observed the violation or received a radio message informing him of the violation from a law-enforcement officer who observed the violation. In the case of a person arrested on the basis of a radio message, the message shall have been sent immediately after the violation was observed and the observing officer shall have furnished the license number or other positive identification of the vehicle to the arresting officer.