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1995 SESSION

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LD9693837
HOUSE BILL NO. 1936 Offered January 20, 1995 A BILL to amend and reenact §§ 19.2-217 and 19.2-218 of the Code of Virginia, relating to felony prosecutions; preliminary hearings; grand jury. ---------- Patron--Reynolds ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That §§ 19.2-217 and 19.2-218 of the Code of Virginia are amended and reenacted as follows:

§ 19.2-217. When information filed; prosecution for felony to be by indictment or presentment; waiver; process to compel appearance of accused.

An information may be filed by the attorney for the Commonwealth based upon a complaint in writing verified by the oath of a competent witness; but. However, no person shall be put upon trial for any felony, unless (i) probable cause to believe that the person committed a felony was found at a preliminary hearing or (ii) an indictment or presentment shall have has first been found or made by a grand jury in a court of competent jurisdiction or unless (iii) such person, has waived indictment and preliminary hearing, by writing signed by such person him before the court having jurisdiction to try such the felony or conduct the preliminary hearing, or before the judge of such court shall have waived such indictment or presentment, in which event he may be tried on a warrant or information. Upon the occurrence of (i), (ii) or (iii), the case shall be tried in circuit court. If the accused be is in custody, or has been recognized or summoned to answer such information, presentment or indictment, no other process shall be necessary; but. However, the court may, in its discretion, issue process to compel the appearance of the accused.

§ 19.2-218. Preliminary hearing required for person arrested on charge of felony; waiver.

No person who is arrested on a charge of felony shall be denied a preliminary hearing upon the question of whether there is reasonable ground probable cause to believe that he committed the offense and no indictment shall be returned in a circuit court of record against any such the person prior to such hearing unless such preliminary hearing is waived in writing by the accused.