Law-enforcement officer; discretion of officer to arrest or issue summons for jailable offense. (HB681)

Introduced By

Del. Jackson Miller (R-Manassas)

Jackson Miller (R-Manassas)
Served: 2007–

Progress

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

Description

Discretion of law-enforcement officer to arrest or issue summons for a jailable offense. Gives a law-enforcement officer discretion to arrest or to issue a summons to a person in his custody for having committed a Class 1 or 2 misdemeanor. Currently, the officer must issue a summons unless the person refuses to cease his criminal activity, is a danger to himself or others, or indicates he will disregard a summons.   View Full Text »

Status

02/03/2010: In Committee
View Bill's History

Comments

VACOLAO, tracking this bill in Photosynthesis, notes:

VACOLAO opposes this legislation that threatens the civil rights of all Virginians by giving individual police officers unfettered discretion to decide whether to take a person alleged to be committing a misdemeanor into custody or simply to issue a summons.

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