DUI arrests; officer at a medical facility may issue summons for violation thereof, etc. (HB770)
Introduced By
Del. Bill Cleaveland (R-Roanoke)
Progress
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Introduced |
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Passed Committee |
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Passed House |
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Passed Senate |
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Signed by Governor |
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Became Law |
Description
Arrest without warrant; DUI arrests. Provides that an arresting officer at a medical facility may "release the person [a DUI accused] from custody by executing a summons." The bill also provides that an officer may either arrest or summons a person for a Class 1 or 2 misdemeanor except as otherwise provided "for offenses listed in subsection D of 19.2-81." The bill also specifically states that when a summons is not issued for a person accused of DUI or refusal who has been taken to a medical facility, the officer shall bring the person before a judicial officer for a bail hearing. The bill removes the requirement that an arrest for DUI be made within three hours of an accident. The bill allows an arrest to be made for misdemeanor offenses of DUI or "drunk boating" to be made by any officer, whether or not the offense occurred in his presence and removes language from the law providing for transfer of custody from one officer to another in drunk boating incidents. The bill changes nomenclature in the statute setting forth procedures for an arrest without a warrant to "complaining officer" from "officer making the arrest." Amends § 19.2-73 (“Issuance of summons instead of warrant in certain cases.”), § 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.”), § 19.2-80 (“Duty of arresting officer; bail.”), § 19.2-81 (“Arrest without warrant authorized in certain cases.”), § 19.2-82 (“Procedure upon arrest without warrant.”), of the Code of Virginia. View Full Text »
