Magistrates; power to issue felony arrest warrants. (HB232)

Introduced By

Sen. John Cosgrove (R-Chesapeake)

Progress

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

Description

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. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
12/28/2007Committee
12/28/2007Prefiled and ordered printed; offered 01/09/08 084630472
12/28/2007Referred to Committee for Courts of Justice
01/10/2008Assigned Courts sub: Criminal
02/12/2008Left in Courts of Justice

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.

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.