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2010 SESSION

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HB 770 DUI arrests; officer at a medical facility may issue summons for violation thereof, etc.

Introduced by: William H. Cleaveland | all patrons    ...    notes | add to my profiles | history

SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION:

Arrest without warrant; DUI arrests.  Allows an arrest to be made for misdemeanor offenses of DUI, boating while intoxicated or violation of an order prohibiting the operation of a watercraft, whether or not the offense occurred in the officer's presence. The bill also provides that the issuance of a summons to a DUI accused at a medical facility may be done without having to detain the person and that the issuance of the summons will be considered an arrest for purposes of DUI provisions, i.e. implied consent. This bill incorporates HB 1254.

SUMMARY AS PASSED:

Arrest without warrant; DUI arrests.  Provides that a law-enforcement officer at a medical facility may "release the person [a DUI accused] from custody by executing a summons." The bill also provides that an officer may either arrest or summons a person for a Class 1 or 2 misdemeanor except as otherwise provided "for offenses listed in subsection D of § 19.2-81." The bill also specifically states that when a summons is not issued for a person accused of DUI or refusal who has been taken to a medical facility, the officer shall bring the person before a judicial officer for a bail hearing. The bill allows an arrest to be made for misdemeanor offenses of DUI or "drunk boating" to be made by any officer, whether or not the offense occurred in his presence and removes language from the law providing for transfer of custody from one officer to another in drunk boating incidents. The bill changes nomenclature in the statute setting forth procedures for an arrest without a warrant to "complaining officer" from "officer making the arrest." This bill incorporates HB 1254.

SUMMARY AS PASSED HOUSE:

Arrest without warrant; DUI arrests.  Provides that an arresting officer at a medical facility may "release the person [a DUI accused] from custody by executing a summons." The bill also provides that an officer may either arrest or summons a person for a Class 1 or 2 misdemeanor except as otherwise provided "for offenses listed in subsection D of § 19.2-81." The bill also specifically states that when a summons is not issued for a person accused of DUI or refusal who has been taken to a medical facility, the officer shall bring the person before a judicial officer for a bail hearing. The bill allows an arrest to be made for misdemeanor offenses of DUI or "drunk boating" to be made by any officer, whether or not the offense occurred in his presence and removes language from the law providing for transfer of custody from one officer to another in drunk boating incidents. The bill changes nomenclature in the statute setting forth procedures for an arrest without a warrant to "complaining officer" from "officer making the arrest." This bill incorporates HB 1254.

SUMMARY AS INTRODUCED:

Arrest without warrant; DUI arrests.  Provides that an arresting officer at a medical facility may "release the person [a DUI accused] from custody by executing a summons." The bill also provides that an officer may either arrest or summons a person for a Class 1 or 2 misdemeanor except as otherwise provided "for offenses listed in subsection D of § 19.2-81." The bill also specifically states that when a summons is not issued for a person accused of DUI or refusal who has been taken to a medical facility, the officer shall bring the person before a judicial officer for a bail hearing. The bill removes the requirement that an arrest for DUI be made within three hours of an accident. The bill allows an arrest to be made for misdemeanor offenses of DUI or "drunk boating" to be made by any officer, whether or not the offense occurred in his presence and removes language from the law providing for transfer of custody from one officer to another in drunk boating incidents. The bill changes nomenclature in the statute setting forth procedures for an arrest without a warrant to "complaining officer" from "officer making the arrest."