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1999 SESSION

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CHAPTER 266 An Act to amend and reenact § 19.2-71 of the Code of Virginia, relating to issuance of process of arrest. [S 903] Approved March 21, 1999

Be it enacted by the General Assembly of Virginia:

1. That § 19.2-71 of the Code of Virginia is amended and reenacted as follows:

§ 19.2-71. Who may issue process of arrest.

A. Process for the arrest of a person charged with a criminal offense may be issued by the judge, or clerk of any circuit court, any general district court, any juvenile and domestic relations district court, or any magistrate as provided for in Chapters 3 (§ 19.2-26 et seq.) and 4 (§ 19.2-49 et seq.) of this title.

B. No law-enforcement officer shall seek issuance of process by any judicial officer, for the arrest of a person for the offense of capital murder as defined in § 18.2-31, without prior authorization by the attorney for the Commonwealth. Failure to comply with the provisions of this subsection shall not be (i) a basis upon which a warrant may be quashed or deemed invalid, (ii) deemed error upon which a conviction or sentence may be reversed or vacated, or (iii) a basis upon which a court may prevent or delay execution of sentence.