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1999 SESSION
993588825Patrons-- Norment, Howell, Stolle and Trumbo; Delegates: Almand, Deeds, Guest, Moran and Woodrum
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 [ section
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.