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2011 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 19.2-71 and 19.2-72 of the Code of Virginia are amended and reenacted as follows:
§ 19.2-71. Who may issue process of arrest.
A. Process for the arrest of a person charged with a criminal
offense may be issued by the judge, or clerk of any circuit court, any general
district court, any juvenile and domestic relations district court, or any
magistrate as provided for in Chapter 3 (§ 19.2-26 et seq.) of this title.
However, no magistrate may issue an arrest warrant for a felony offense upon
the basis of a complaint by a person other than a law-enforcement officer or an
animal control officer without prior consultation by the magistrate with
authorization by the attorney for the Commonwealth or, if no attorney
for the Commonwealth is available, without prior consultation with by
a law-enforcement agency having jurisdiction over the alleged offense.
B. No law-enforcement officer shall seek issuance of process by any judicial officer, for the arrest of a person for the offense of capital murder as defined in § 18.2-31, without prior authorization by the attorney for the Commonwealth. Failure to comply with the provisions of this subsection shall not be (i) a basis upon which a warrant may be quashed or deemed invalid, (ii) deemed error upon which a conviction or sentence may be reversed or vacated, or (iii) a basis upon which a court may prevent or delay execution of sentence.
§ 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. A written
complaint shall be required whenever practicable, if the complainant is
not a law-enforcement officer. 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, except that no magistrate may
issue an arrest warrant for a felony offense upon the basis of a complaint by a
person other than a law-enforcement officer or an animal control officer
without prior consultation by the magistrate with authorization by
the attorney for the Commonwealth or, if no attorney for the Commonwealth is
available, without prior consultation with by a law-enforcement
agency having jurisdiction over the alleged offense. 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 or town
surrounded thereby and effect an arrest in any city or town surrounded thereby
as a result of a criminal act committed during the execution of such warrant.
The venue for the prosecution of such criminal act shall be the jurisdiction in
which the offense occurred.