19.2-74 - Issuance and service of summons in place of warrant in misdemeanor case; issuance of summons by special policemen and conservators of the peace.
§ 19.2-74. Issuance and service of summons in place of warrant in misdemeanorcase; issuance of summons by special policemen and conservators of the peace.
A. 1. Whenever any person is detained by or is in the custody of an arrestingofficer for any violation committed in such officer's presence which offenseis a violation of any county, city or town ordinance or of any provision ofthis Code punishable as a Class 1 or Class 2 misdemeanor or any othermisdemeanor for which he may receive a jail sentence, except as otherwiseprovided in Title 46.2, or for offenses listed in subsection D of § 19.2-81,or an arrest on a warrant charging an offense for which a summons may beissued, and when specifically authorized by the judicial officer issuing thewarrant, the arresting officer shall take the name and address of such personand issue a summons or otherwise notify him in writing to appear at a timeand place to be specified in such summons or notice. Upon the giving by suchperson of his written promise to appear at such time and place, the officershall forthwith release him from custody. However, if any such person shallfail or refuse to discontinue the unlawful act, the officer may proceedaccording to the provisions of § 19.2-82.
Anything in this section to the contrary notwithstanding, if any person isbelieved by the arresting officer to be likely to disregard a summons issuedunder the provisions of this subsection, or if any person is reasonablybelieved by the arresting officer to be likely to cause harm to himself or toany other person, a magistrate or other issuing authority having jurisdictionshall proceed according to the provisions of § 19.2-82.
2. Whenever any person is detained by or is in the custody of an arrestingofficer for a violation of any county, city, or town ordinance or of anyprovision of this Code, punishable as a Class 3 or Class 4 misdemeanor or anyother misdemeanor for which he cannot receive a jail sentence, except asotherwise provided in Title 46.2, or to the offense of public drunkenness asdefined in § 18.2-388, the arresting officer shall take the name and addressof such person and issue a summons or otherwise notify him in writing toappear at a time and place to be specified in such summons or notice. Uponthe giving of such person of his written promise to appear at such time andplace, the officer shall forthwith release him from custody. However, if anysuch person shall fail or refuse to discontinue the unlawful act, the officermay proceed according to the provisions of § 19.2-82.
3. Any person so summoned shall not be held in custody after the issuance ofsuch summons for the purpose of complying with the requirements of Chapter 23(§ 19.2-387 et seq.) of this title. Reports to the Central Criminal RecordsExchange concerning such persons shall be made after a disposition of guiltis entered as provided for in § 19.2-390.
Any person refusing to give such written promise to appear under theprovisions of this section shall be taken immediately by the arresting orother police officer before a magistrate or other issuing authority havingjurisdiction, who shall proceed according to provisions of § 19.2-82.
Any person who willfully violates his written promise to appear, given inaccordance with this section, shall be treated in accordance with theprovisions of § 19.2-128, regardless of the disposition of, and in additionto, the charge upon which he was originally arrested.
Any person charged with committing any violation of § 18.2-407 may bearrested and immediately brought before a magistrate who shall proceed asprovided in § 19.2-82.
B. Special policemen of the counties as provided in § 15.2-1737, specialpolicemen or conservators of the peace appointed under Chapter 2 (§ 19.2-12et seq.) of this title and special policemen appointed by authority of acity's charter may issue summonses pursuant to this section, if such officersare in uniform, or displaying a badge of office. On application, the chieflaw-enforcement officer of the county or city shall supply each officer witha supply of summons forms, for which such officer shall account pursuant toregulation of such chief law-enforcement officer.
C. The summons used by a law-enforcement officer pursuant to this sectionshall be in form the same as the uniform summons for motor vehicle lawviolations as prescribed pursuant to § 46.2-388.
(Code 1950, § 19.1-92.1; 1973, c. 98; 1974, c. 481; 1975, c. 495; 1976, c.753; 1978, c. 500; 1979, cc. 679, 680; 1980, c. 492; 1981, c. 382; 1982, cc.485, 500; 1984, c. 24; 1988, c. 455; 1995, c. 471; 2010, c. 840.)