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2006 SESSION

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063014160
HOUSE BILL NO. 1218 Offered January 11, 2006 Prefiled January 11, 2006 A BILL to amend and reenact § 46.2-940 of the Code of Virginia, relating to procedure upon arrest for a traffic misdemeanor. ---------- Patron-- Moran ---------- Referred to Committee on Transportation ----------

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.