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2017 SESSION

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17104247D
SENATE BILL NO. 1564 Senate Amendments in [ ] -- February 6, 2017 A BILL to amend and reenact § 19.2-52 of the Code of Virginia, relating to DUI; search warrants for blood withdrawals. ---------- Patron Prior to Engrossment--Senator Norment ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That § 19.2-52 of the Code of Virginia is amended and reenacted as follows:

§ 19.2-52. When search warrant may issue.

Except as provided in § 19.2-56.1, search warrants, based upon complaint on oath supported by an affidavit as required in § 19.2-54, may be issued by any judge, magistrate or other person having authority to issue criminal warrants, if he be satisfied from such complaint and affidavit that there is reasonable and probable cause for the issuance of such search warrant.

An application for a search warrant to withdraw blood from a person suspected of violating § 18.2-266, 18.2-266.1, 18.2-272, 29.1-738, 29.1-738.02, or 46.2-341.24 shall be given priority over any pending matters  [ not involving an imminent risk to another’s health or safety  ] before such judge, magistrate, or other person having authority to issue criminal warrants.