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2006 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-940 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-940. When arresting officer shall take person before issuing authority.
If any person is: (i) believed by the arresting officer to
have committed a felony; (ii) believed by the arresting officer to be likely to
disregard a summons issued under § 46.2-936; or (iii) refuses to give a written
promise to appear under the provisions of § 46.2-936 or § 46.2-945;,
the arresting officer shall promptly take him before a magistrate or other
issuing authority having jurisdiction to determine whether probable cause
exists that such person is likely to disregard a summons and proceed in
accordance with the provisions of § 19.2-82. The magistrate or other
authority may issue either a summons or warrant as he shall determine proper.