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Developed and maintained by the Division of Legislative Automated Systems.
1996 SESSION
961484837Be it enacted by the General Assembly of Virginia:
1. That §§ 19.2-76 and 19.2-80 of the Code of Virginia are amended and reenacted as follows:
§ 19.2-76. Execution and return of warrant, capias or summons; arrest outside county or city where charge is to be tried.
An A
law-enforcement officer may
execute within his jurisdiction a warrant, capias or summons issued
anywhere in the Commonwealth. A warrant or capias shall be executed
by the arrest of the accused, and a summons shall be executed by delivering a
copy to the accused personally.
If the accused is a corporation, partnership, unincorporated association or
legal entity other than an individual, a summons may be executed by service on
such the entity in the same manner as provided in Title
8.01 for service of process on that entity in a civil proceeding. However, if
the summons is served on such the entity by delivery to
a registered agent or to any other agent who is not an officer, director,
managing agent or employee of the entity, such registered or other
agent shall not be personally subject to penalty for failure to appear as
provided in § 19.2-128, nor shall such the agent be
subject to punishment for contempt for failure to appear under his summons as
provided in § 19.2-129.
The law-enforcement officer executing a
warrant or capias shall endorse the date of execution thereon and
make return thereof to a judicial official having authority to grant
bail officer . The law-enforcement
officer executing a summons shall endorse the date of execution thereon
and make return thereof to the court to which the summons is returnable.
Whenever a person is arrested upon a warrant in a county or city
contiguous to the county or city in which the charge is to be tried, the
officer making the arrest may deliver the accused to the custody of an officer
of a law-enforcement agency having jurisdiction in the county or city in which
the charge is to be tried, or he may bring the accused before a judicial
officer to be dealt with as is provided hereinafter.
Whenever a person is arrested upon a warrant in a county or city other
than that in which the charge is to be tried, or in a county or city contiguous
thereto, the officer making the arrest shall bring the accused before a
judicial officer authorized to grant bail in the county or city in which the
accused is arrested. Such official The
law-enforcement officer executing a warrant or capias
must bring the accused forthwith before a judicial officer in the locality
where the arrest was made. The judicial officer shall
immediately conduct a bail hearing and either commit the
accused to the custody of an officer for transfer forthwith to the county or
city where the charge is to be tried, or admit the accused to bail or
commit him to jail for transfer as soon as possible; and such official
shall endorse on the warrant the action taken thereon.
§ 19.2-80. Duty of arresting officer; bail.
In any case in which an officer does not issue a summons pursuant to §
19.2-74 or § 46.2-936, an a
law-enforcement officer making an arrest under a
warrant or capias shall bring the arrested person without unnecessary delay
before and return such warrant or capias to a court of appropriate
jurisdiction of the county or city in which the warrant or capias is issued, or
before an official having authority to grant bail a judicial
officer. Such court or official The judicial officer
shall immediately conduct a bail hearing and
either admit the accused to bail or commit him to jail. However,
instead of admitting to bail or committing to jail, such official may,
if (i) the accused is charged with a misdemeanor
and is brought before a judge of the court having
jurisdiction to try the case and
(ii) both the accused and the Commonwealth
consent consents and the Commonwealth does not object,
the judge may proceed to trial if the accused is charged with a
misdemeanor and the official is a judge of a district court having jurisdiction
to try him for such misdemeanor instead of conducting a bail hearing
.