Summons; issuance instead of warrant in certain cases.

Plain English Breakdown

The bill does not provide specific consequences for non-appearance after receiving a summons.

Rules for Issuing Summons Instead of Warrants

This law changes when a summons can be issued instead of a warrant in certain types of cases.

What This Bill Does

• In misdemeanor cases other than Class 1 or 2 misdemeanors, a judge or issuing authority may issue a summons if there is evidence that the accused will appear in court.
• For Class 1 or 2 misdemeanors, a warrant must be issued unless there is reason to believe the person charged will show up in court.
• The judge or issuing authority must write down why they think someone will come to court when issuing a summons.
• Officers at medical facilities can issue summonses instead of getting warrants for people suspected of driving while intoxicated if probable cause exists.

Who It Names or Affects

• Judges and other officials who decide whether to issue a summons or warrant.
• People charged with less serious crimes (not Class 1 or 2 misdemeanors).
• Officers at medical facilities dealing with people suspected of driving while intoxicated.

Terms To Know

Summons

A legal notice telling someone to appear in court on a specific date and time.

Warrant

An official document giving police permission to arrest someone or search their property.

Limits and Unknowns

• The bill does not specify what happens if the person charged with a crime does not show up for court.
• It is unclear how this law will be enforced in different situations.

Official Summary Text

Issuance of summons instead of warrant in certain cases.
Provides that in any misdemeanor case or in any class of misdemeanor cases other than Class 1 or 2 misdemeanors, or in any case involving complaints made by any state or local governmental official or employee having responsibility for the enforcement of any statute, ordinance, or administrative regulation, the magistrate or other issuing authority having jurisdiction may issue a summons instead of a warrant only upon a showing of evidence that the accused is willing and able to appear in the courts having jurisdiction over the trial of the offense charged. The bill further provides that in cases involving Class 1 or 2 misdemeanors, the magistrate or other issuing authority having jurisdiction shall issue a warrant for such alleged offense unless he finds that there is reason to believe that the person charged will appear in the courts having jurisdiction over the trial of the offense charged. The bill requires the magistrate or other issuing authority having jurisdiction to submit, in writing, the facts supporting his decision to issue a summons instead of a warrant, which shall be filed with the summons in the court file.

Under current law, the magistrate or other issuing authority having jurisdiction may issue a summons instead of a warrant when there is reason to believe that the person charged will appear in the courts having jurisdiction over the trial of the offense charged.

Current Bill Text

A BILL to amend and reenact §
19.2-73
of the Code of Virginia, relating to issuance of summons instead of warrant in certain cases.

Be it enacted by the General Assembly of Virginia:

1. That §
19.2-73
of the Code of Virginia is amended and reenacted as follows:

§
19.2-73
. Issuance of summons instead of warrant in certain cases.

A. In any misdemeanor case or in any class of misdemeanor cases
other than Class 1 or 2 misdemeanors
, or in any case involving complaints made by any state or local governmental official or employee having responsibility for the enforcement of any statute, ordinance
,
or administrative regulation, the magistrate or other issuing authority having jurisdiction may issue a summons instead of a warrant
when there is reason to believe that the person charged
will
only upon a showing of evidence that the accused is
willing and able
to
appear in the courts having jurisdiction over the trial of the offense charged.
In c
ases involving Class 1 or 2 misdemeanors, the magistrate or other issuing authority having jurisdiction shall issue a warrant for such alleged offense
unless he finds that there is reason to believe that the person charged will appear in the courts having jurisdiction over the trial of the offense charged.
The magistrate or other issuing authority having jurisdiction shall
submit, in writing,
the facts supporting his decision to issue a summons instead of a warrant, which shall be filed with the
summons in the court file.

B. If any person under suspicion for driving while intoxicated has been taken to a medical facility for treatment or evaluation of his medical condition, the officer at the medical facility may issue, on the premises of the medical facility, a summons for a violation of §
18.2-266
,
18.2-266.1
,
18.2-272
, or
46.2-341.24
and for refusal of tests in violation of subsection A or B of §
18.2-268.3
or subsection A of §
46.2-341.26:3
, in lieu of securing a warrant and without having to detain that person, provided that the officer has probable cause to place him under arrest. The issuance of such summons shall be deemed an arrest for purposes of Article 2 (§
18.2-266
et seq.) of Chapter 7 of Title 18.2.

C. Any person on whom such summons is served shall appear on the date set forth in same, and if such person fails to appear in such court at such time and on such date then he shall be treated in accordance with the provisions of §
19.2-128
, regardless of the disposition of, and in addition to, the charge upon which he was originally arrested.