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1998 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 19.2-76 of the Code of Virginia is 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.
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 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 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 agent shall not be personally subject to penalty for failure to appear as provided in § 19.2-128, nor shall 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 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 or capias in a county or city
other than that in which the charge is to be tried, the law-enforcement officer
making the arrest must shall either (i) bring the accused
forthwith before a judicial officer in the locality where the arrest was
made or where the charge is to be tried or (ii) commit the accused to the
custody of an officer from the county or city where the charge is to be tried
who shall bring the accused forthwith before a judicial officer in the county
or city in which the charge is to be tried. The judicial officer
before whom the accused is brought shall immediately conduct a bail
hearing and either admit the accused to bail or commit him to jail for transfer
forthwith to the county or city where the charge is to be tried.