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2001 SESSION
HB 2450 Escape from custody of a law-enforcement officer.
Introduced by: Whittington W. Clement | all patrons ... notes | add to my profiles
SUMMARY AS INTRODUCED:
Escape and custody. Redefines the law of custody as follows: A person shall be deemed to be lawfully in the custody of a law-enforcement officer if, when he receives an oral communication from the officer that he is under arrest, (i) the officer has the immediate ability to place the person under formal arrest, and (ii) a person of ordinary intelligence and understanding who received such communication would know that he is not free to leave. This change overrules the holding in Cavell v. Commonwealth, 28 VA. App. 484, 506 S. E. 2d 552 (1998)
FULL TEXT
HISTORY
- 01/10/01 House: Presented & ordered printed, prefiled 01/10/01 016997672
- 01/10/01 House: Referred to Committee on Militia and Police
- 01/19/01 House: Assigned to M. & P. sub-committee: 2
- 02/03/01 House: Tabled in Militia and Police (18-Y 3-N)