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2007 SESSION

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074740276
HOUSE BILL NO. 1773 Offered January 10, 2007 Prefiled December 28, 2006 A BILL to amend and reenact § 19.2-72 of the Code of Virginia, relating to issuance of warrant against a law-enforcement officer or a public school employee only with approval of attorney for the Commonwealth. ---------- Patron-- Cosgrove ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1.  That § 19.2-72 of the Code of Virginia is amended and reenacted as follows:

§ 19.2-72. When it may issue; what to recite and require.

On complaint of a criminal offense to any officer authorized to issue criminal warrants he shall examine on oath the complainant and any other witnesses, or when such officer shall suspect that an offense punishable otherwise than by a fine has been committed he may, without formal complaint, issue a summons for witnesses and shall examine such witnesses. If upon such examination such officer finds that there is probable cause to believe the accused has committed an offense, such officer shall issue a warrant for his arrest. No such warrant shall be issued upon a complaint by a citizen, however, without the prior approval of the local attorney for the Commonwealth, if the accused is a law-enforcement officer or public school employee and the offense is alleged to have occurred while the accused was in the performance of his official duties. The warrant shall (i) be directed to an appropriate officer or officers, (ii) name the accused or, if his name is unknown, set forth a description by which he can be identified with reasonable certainty, (iii) describe the offense charged with reasonable certainty, (iv) command that the accused be arrested and brought before a court of appropriate jurisdiction in the county, city or town in which the offense was allegedly committed, and (v) be signed by the issuing officer. The warrant shall require the officer to whom it is directed to summon such witnesses as shall be therein named to appear and give evidence on the examination. But in a city or town having a police force, the warrant shall be directed "To any policeman, sheriff or his deputy sheriff of such city (or town)," and shall be executed by the policeman, sheriff or his deputy sheriff into whose hands it shall come or be delivered. A sheriff or his deputy may execute an arrest warrant throughout the county in which he serves and in any city surrounded thereby.