19.2-76 - Execution and return of warrant, capias or summons; arrest outside county or city where charge is to be tried.
§ 19.2-76. Execution and return of warrant, capias or summons; arrest outsidecounty 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 capiasshall be executed by the arrest of the accused, and a summons shall beexecuted by delivering a copy to the accused personally.
If the accused is a corporation, partnership, unincorporated association orlegal entity other than an individual, a summons may be executed by serviceon the entity in the same manner as provided in Title 8.01 for service ofprocess on that entity in a civil proceeding. However, if the summons isserved on the entity by delivery to a registered agent or to any other agentwho is not an officer, director, managing agent or employee of the entity,such agent shall not be personally subject to penalty for failure to appearas provided in § 19.2-128, nor shall the agent be subject to punishment forcontempt for failure to appear under his summons as provided in § 19.2-129.
The law-enforcement officer executing a warrant or capias shall endorse thedate of execution thereon and make return thereof to a judicial officer. Thelaw-enforcement officer executing a summons shall endorse the date ofexecution thereon and make return thereof to the court to which the summonsis returnable.
Whenever a person is arrested upon a warrant or capias in a county or cityother than that in which the charge is to be tried, the law-enforcementofficer making the arrest shall either (i) bring the accused forthwith beforea judicial officer in the locality where the arrest was made or where thecharge is to be tried or (ii) commit the accused to the custody of an officerfrom the county or city where the charge is to be tried who shall bring theaccused forthwith before a judicial officer in the county or city in whichthe charge is to be tried. The judicial officer before whom the accused isbrought shall immediately conduct a bail hearing and either admit the accusedto bail or commit him to jail for transfer forthwith to the county or citywhere the charge is to be tried.
(Code 1950, §§ 19.1-98, 19.1-99; 1960, c. 366; 1975, c. 495; 1979, c. 661;1993, c. 431; 1994, c. 933; 1997, c. 10; 1998, c. 615.)