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1996 SESSION
961500837Be 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.
[ However, if probable cause is not found at a preliminary hearing, an indictment or presentment may subsequently be returned. ]