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2009 SESSION

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091558328
HOUSE BILL NO. 1968 FLOOR AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by Senator Stolle on February 24, 2009) (Patron Prior to Substitute--Delegate Massie) A BILL to amend and reenact § 19.2-298 of the Code of Virginia, relating to failure to comply with sentencing order; penalty.

Be it enacted by the General Assembly of Virginia:

1.  That § 19.2-298 of the Code of Virginia is amended and reenacted as follows:

§ 19.2-298. Pronouncement of sentence.

After a finding of guilty, sentence shall be pronounced, or decision to suspend the imposition of sentence shall be announced, without unreasonable delay. Pending pronouncement, the court may commit the accused to jail or may continue or alter the bail except that in those cases where the accused is convicted of a murder in the first degree, the court shall commit him to jail and he shall not be allowed bail pending the pronouncement of sentence. Before pronouncing the sentence, the court shall inquire of the accused if he desires to make a statement and if he desires to advance any reason why judgment should not be pronounced against him.

Whenever any person willfully and knowingly fails to surrender or submit to the custody of a sheriff as ordered by a court, any law-enforcement officer, with or without a warrant, may arrest such person anywhere in the Commonwealth.  If the arrest is made in the county or city in which the person was ordered to surrender, or in an adjoining county or city, the officer may forthwith return the accused before the proper court.  If the arrest is made beyond the foregoing limits, the officer shall proceed according to the provisions of § 19.2-76, and if such arrest is made without a warrant, the officer shall procure a warrant from the magistrate serving the county or city wherein the arrest was made, charging the accused with contempt of court.