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2002 SESSION

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HB 527 Escape and custody.

Introduced by: Jeannemarie Devolites | 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

• 01/09/02  House: Presented & ordered printed, prefiled 01/08/02 024123720  pdf

AMENDMENTS

• House amendments

HISTORY

• 01/09/02  House: Presented & ordered printed, prefiled 01/08/02 024123720
• 01/09/02  House: Referred to Committee for Courts of Justice
• 01/24/02  House: Assigned to C. J. sub-committee: 1
• 02/08/02  House: Reported from C. J. with amendments (12-Y 10-N)
• 02/09/02  House: Read first time
• 02/11/02  House: Read second time
• 02/11/02  House: Committee amendments agreed to
• 02/11/02  House: Engrossment refused by House