HB232: Magistrates; power to issue felony arrest warrants.

Chief Patron

John Cosgrove (R-78)
Chesapeake, VA
Served: 2002–

Progress

	Introduced
	Passed Committee
	Passed House
	Passed Senate
	Signed by Governor
	Became Law

Status

02/12/2008: Failed to Pass in Committee

View Entire History

Summary

Power of magistrates to issue felony arrest warrants. Provides that no magistrate may issue an arrest warrant upon the basis of a citizen complaint, for a felony offense, without prior authorization from the attorney for the Commonwealth or from a law-enforcement agency in his jurisdiction, unless the person who is to be issued the warrant has already been placed under arrest by a law-enforcement officer.

View Full Text »

Video

Votes were cast on this bill on the following dates for which Richmond Sunlight has video: 01/10/2008 and 02/12/2008.

Comments

JWhigham writes:

UNDER NO CIRCUMSTANCES SHOULD A MAGISTRATE EVER HAVE TO ASK A COMMONWEALTH ATTORNEY TO ISSUE ANY WARRANTS, FELONY OR OTHERWISE. MAGISTRATES ARE SUPPOSED TO BE NON BIASED. HAVING THE COMMONWEALTH ATTORNEY DICTATE WHEN A WARRANT SHOULD BE ISSUED IS THE SAME AS RUBBER STAMPING THE POLICE.

Posted 6 months ago. #

HMitchell writes:

This proposed legislation troubles me. This would mean that without prior approval of Commonwealt Attorney or Law enforcement agency (which may or may not be available at 3:00 AM) the Magistrate can not issue a warrant for a $205.00 Bad chek, A third offense of domestic violence, some violations of Emergency Protective Orders, auto larceny, abduction, child abuse or neglect and the list continues. Also, neither of the approving entities have authority to issue these arrest warrants.

Posted 6 months ago. #