SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2004 SESSION
040782348Be it enacted by the General Assembly of Virginia:
1. That § 19.2-74 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-74. Issuance and service of summons in place of warrant in misdemeanor case; issuance of summons by special policemen and conservators of the peace.
A. 1. Whenever any person is detained by or is in the custody of an arresting
officer for any violation committed in such officer's presence which offense is
a violation of any county, city or town ordinance or of any provision of this
Code punishable as a Class 1 or Class 2 misdemeanor or any other misdemeanor
for which he may receive a jail sentence, except as otherwise provided in Title
46.2 Article 6.1 (§ 46.2-341.1 et seq.) of Chapter 3 of Title 46.2, or §
18.2-266, or an arrest on a warrant charging an offense for which a summons may be issued, and when
specifically authorized by the judicial officer issuing the warrant, the arresting
officer shall may take the name and address of such person and issue a
summons or otherwise notify him in writing to appear at a time and place to be specified in such
summons or notice. Upon the giving by such person of his written promise to
appear at such time and place, the officer shall forthwith release him from
custody. However, if any such person shall fail or refuse to discontinue the
unlawful act in lieu of issuing a summons, the officer may proceed according to
the provisions of § 19.2-82.
Anything in this section to the contrary notwithstanding, if any person is
believed by the arresting officer to be likely to disregard a summons issued under
the provisions of this subsection, or if any person is reasonably believed by the
arresting officer to be likely to cause harm to himself or to any other person,
a magistrate or other issuing authority having jurisdiction shall proceed
according to the provisions of § 19.2-82.
2. Whenever any person is detained by or is in the custody of an arresting
officer for a violation of any county, city, or town ordinance or of any
provision of this Code, punishable as a Class 3 or Class 4 misdemeanor or any
other misdemeanor for which he cannot receive a jail sentence, except as
otherwise provided in Title 46.2, or to for the offense of public drunkenness
as defined in § 18.2-388, the arresting officer shall take the name and address
of such person and issue a summons or otherwise notify him in writing to appear at a
time and place to be specified in such summons or notice. Upon the giving of
such person of his written promise to appear at such time and place, the
officer shall forthwith release him from custody. However, if any such person
shall fail or refuse to discontinue the unlawful act, the officer may proceed
according to the provisions of § 19.2-82.
3. Any person so summoned shall not be held in custody after the issuance of such summons for the purpose of complying with the requirements of Chapter 23 (§ 19.2-387 et seq.) of this title. Reports to the Central Criminal Records Exchange concerning such persons shall be made after a disposition of guilt is entered as provided for in § 19.2-390.
Any person refusing to give such who refuses to give a written promise to
appear under the provisions of this section shall be taken immediately by the
arresting or other police officer before a magistrate or other issuing
authority having jurisdiction, who shall proceed according to provisions of §
19.2-82.
Any person who willfully violates his written promise to appear, given in accordance with this section, shall be treated in accordance with the provisions of § 19.2-128, regardless of the disposition of, and in addition to, the charge upon which he was originally arrested.
Any person charged with committing any violation of § 18.2-407 may be arrested and immediately brought before a magistrate who shall proceed as provided in § 19.2-82.
B. Special policemen of the counties as provided in § 15.2-1737, special policemen or conservators of the peace appointed under Chapter 2 (§ 19.2-12 et seq.) of this title and special policemen appointed by authority of a city's charter may issue summonses pursuant to this section, if such officers are in uniform, or displaying a badge of office. On application, the chief law-enforcement officer of the county or city shall supply each officer with a supply of summons forms, for which such officer shall account pursuant to regulation of such chief law-enforcement officer.
C. The summons used by a law-enforcement officer pursuant to this section shall be in form the same as the uniform summons for motor vehicle law violations as prescribed pursuant to § 46.2-388.