HB2245: Driving under influence of alcohol; law-enforcement officer to arrest without warrant.
Be it enacted by the General Assembly of Virginia:
1. That 19.2-81 of the Code of Virginia is amended and reenacted as follows:
19.2-81. Arrest without warrant authorized in certain cases.
The following officers shall have the powers of arrest as provided in this section:
1. Members of the State Police force of the Commonwealth;
2. Sheriffs of the various counties and cities, and their deputies;
3. Members of any county police force or any duly constituted police force of any city or town of the Commonwealth;
4. The Commissioner, members and employees of the Marine Resources Commission granted the power of arrest pursuant to 28.2-900;
5. Regular conservation police officers appointed pursuant to 29.1-200;
6. United States Coast Guard and United States Coast Guard Reserve commissioned, warrant, and petty officers authorized under 29.1-205 to make arrests;
7. The special policemen of the counties as provided by 15.2-1737, provided such officers are in uniform, or displaying a badge of office;
8. Conservation officers appointed pursuant to 10.1-115; and
9. Full-time sworn members of the enforcement division of the Department of Motor Vehicles appointed pursuant to 46.2-217.
Such officers may arrest, without a warrant, any person who commits any crime in the presence of the officer and any person whom he has reasonable grounds or probable cause to suspect of having committed a felony not in his presence.
Any such officer may arrest, without a warrant, any person who commits a violation of 18.2-266, 18.2-266.1, or 46.2-341.24, or any substantially similar local ordinance, not committed in his presence if he receives a communication from another such officer who observed the violation personally, provided that, after he observes the alleged offense, the observing officer communicates with the arresting officer and positively identifies the alleged offender to the arresting officer. The arresting officer may then place the alleged offender under arrest as if the offense had been committed in his presence.
Any such officer may arrest without a warrant any person whom
the officer has probable cause to suspect of (i) operating a motor
vehicle in his presence in violation of 18.2-266, 18.2-266.1, or 46.2-341.24,
or any substantially similar local ordinance, or while his privilege to operate
a motor vehicle has been denied, restricted, or revoked in violation of
18.2-272; or (ii) operating a watercraft or motor boat (i)(a)
while intoxicated in violation of subsection B of 29.1-738 or (ii)(b)
in violation of an order issued pursuant to 29.1-738.4, in his presence,
and may thereafter transfer custody of the person suspected of the
any such violation to another officer, who may obtain a warrant based upon
statements made to him by the arresting officer.
Any such officer may, at the scene of any accident involving a motor vehicle, watercraft as defined in 29.1-712 or motorboat, or at any hospital or medical facility to which any person involved in such accident has been transported, or in the apprehension of any person charged with the theft of any motor vehicle, on any of the highways or waters of the Commonwealth, upon reasonable grounds to believe, based upon personal investigation, including information obtained from eyewitnesses, that a crime has been committed by any person then and there present, apprehend such person without a warrant of arrest. For purposes of this section, "the scene of any accident" shall include a reasonable location where a vehicle or person involved in an accident has been moved at the direction of a law-enforcement officer to facilitate the clearing of the highway or to ensure the safety of the motoring public. In addition, such officer may, within three hours of the occurrence of any such accident involving a motor vehicle, arrest without a warrant at any location any person whom the officer has probable cause to suspect of driving or operating such motor vehicle while (i) intoxicated in violation of 18.2-266, 18.2-266.1, or 46.2-341.24, (ii) in violation of 18.2-272, or (iii) in violation of a substantially similar ordinance of any county, city, or town in the Commonwealth.
Such officers may arrest, without a warrant or a capias, persons duly charged with a crime in another jurisdiction upon receipt of a photocopy of a warrant or a capias, telegram, computer printout, facsimile printout, a radio, telephone or teletype message, in which photocopy of a warrant, telegram, computer printout, facsimile printout, radio, telephone or teletype message shall be given the name or a reasonably accurate description of such person wanted and the crime alleged.
Such officers may arrest, without a warrant or a capias, for an alleged misdemeanor not committed in his presence when the officer receives a radio message from his department or other law-enforcement agency within the Commonwealth that a warrant or capias for such offense is on file.
Such officers may also arrest without a warrant for an alleged misdemeanor not committed in their presence involving (i) shoplifting in violation of 18.2-96 or 18.2-103 or a similar local ordinance, (ii) carrying a weapon on school property in violation of 18.2-308.1, (iii) assault and battery, (iv) brandishing a firearm in violation of 18.2-282, or (v) destruction of property in violation of 18.2-137, when such property is located on premises used for business or commercial purposes, or a similar local ordinance, when any such arrest is based on probable cause upon reasonable complaint of the person who observed the alleged offense. The arresting officer may issue a summons to any person arrested under this section for a misdemeanor violation involving shoplifting.
Be it enacted by the General Assembly of Virginia:
1. That 19.2-81 of the Code of Virginia is amended and reenacted as follows:
19.2-81. Arrest without warrant authorized in certain cases.
The following officers shall have the powers of arrest as provided in this section:
1. Members of the State Police force of the Commonwealth;
2. Sheriffs of the various counties and cities, and their deputies;
3. Members of any county police force or any duly constituted police force of any city or town of the Commonwealth;
4. The Commissioner, members and employees of the Marine Resources Commission granted the power of arrest pursuant to 28.2-900;
5. Regular conservation police officers appointed pursuant to 29.1-200;
6. United States Coast Guard and United States Coast Guard Reserve commissioned, warrant, and petty officers authorized under 29.1-205 to make arrests;
7. The special policemen of the counties as provided by 15.2-1737, provided such officers are in uniform, or displaying a badge of office;
8. Conservation officers appointed pursuant to 10.1-115; and
9. Full-time sworn members of the enforcement division of the Department of Motor Vehicles appointed pursuant to 46.2-217.
Such officers may arrest, without a warrant, any person who commits any crime in the presence of the officer and any person whom he has reasonable grounds or probable cause to suspect of having committed a felony not in his presence.
Any such officer may arrest, without a warrant, any person who commits any misdemeanor or traffic infraction, or a violation of any substantially similar local ordinance, not committed in his presence if he receives a message, by radio or otherwise, from another such officer who observed the violation, with or without the assistance of a camera or other electronic device, provided that the observing officer sends the message immediately after he observes the alleged offense and positively identifies the alleged offender to the arresting officer. The arresting officer may then, in accordance with 19.2-74, either arrest the alleged offender or issue him a summons, as if the offense had been committed in his presence. If a summons is issued, the names of both the arresting officer and the observing officer shall be included on the summons.
Any such officer may arrest without a warrant any person whom
the officer has probable cause to suspect of (i) operating
a
motor vehicle in the
officer's presence while intoxicated in violation of
18.2-266, 18.2-266.1, or 46.2-341.24 or while his privilege
to operate a motor vehicle has been denied,
restricted, or revoked in
violation of 18.2-272; or (ii) operating
a watercraft or motor boat in the
officer's presence (i)(a)
while intoxicated in violation of subsection B of 29.1-738 or (ii)(b)
in violation of an order issued pursuant to 29.1-738.4, in his presence,
and may thereafter transfer custody of the person suspected of theany
such violation to another officer, who may obtain a warrant based
upon statements made to him by the arresting officer.
Any such officer may, at the scene of any accident involving a motor vehicle, watercraft as defined in 29.1-712 or motorboat, or at any hospital or medical facility to which any person involved in such accident has been transported, or in the apprehension of any person charged with the theft of any motor vehicle, on any of the highways or waters of the Commonwealth, upon reasonable grounds to believe, based upon personal investigation, including information obtained from eyewitnesses, that a crime has been committed by any person then and there present, apprehend such person without a warrant of arrest. For purposes of this section, "the scene of any accident" shall include a reasonable location where a vehicle or person involved in an accident has been moved at the direction of a law-enforcement officer to facilitate the clearing of the highway or to ensure the safety of the motoring public. In addition, such officer may, within three hours of the occurrence of any such accident involving a motor vehicle, arrest without a warrant at any location any person whom the officer has probable cause to suspect of driving or operating such motor vehicle while (i) intoxicated in violation of 18.2-266, 18.2-266.1, or 46.2-341.24, (ii) in violation of 18.2-272, or (iii) in violation of a substantially similar ordinance of any county, city, or town in the Commonwealth.
Such officers may arrest, without a warrant or a capias, persons duly charged with a crime in another jurisdiction upon receipt of a photocopy of a warrant or a capias, telegram, computer printout, facsimile printout, a radio, telephone or teletype message, in which photocopy of a warrant, telegram, computer printout, facsimile printout, radio, telephone or teletype message shall be given the name or a reasonably accurate description of such person wanted and the crime alleged.
Such officers may arrest, without a warrant or a capias, for an alleged misdemeanor not committed in his presence when the officer receives a radio message from his department or other law-enforcement agency within the Commonwealth that a warrant or capias for such offense is on file.
Such officers may also arrest without a warrant for an alleged misdemeanor not committed in their presence involving (i) shoplifting in violation of 18.2-96 or 18.2-103 or a similar local ordinance, (ii) carrying a weapon on school property in violation of 18.2-308.1, (iii) assault and battery, (iv) brandishing a firearm in violation of 18.2-282, or (v) destruction of property in violation of 18.2-137, when such property is located on premises used for business or commercial purposes, or a similar local ordinance, when any such arrest is based on probable cause upon reasonable complaint of the person who observed the alleged offense. The arresting officer may issue a summons to any person arrested under this section for a misdemeanor violation involving shoplifting.