Jailable offense; discretion of law-enforcement officer to arrest or issue summons therefor. (HB681)

Introduced By

Del. Jackson Miller (R-Manassas)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


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. Read the Bill »


03/03/2010: Failed to Pass in Committee


01/12/2010Prefiled and ordered printed; offered 01/13/10 10102302D
01/12/2010Referred to Committee for Courts of Justice
01/19/2010Assigned Courts sub: Criminal
01/25/2010Subcommittee recommends reporting with amendment(s) (6-Y 1-N)
01/27/2010Reported from Courts of Justice with amendment (16-Y 6-N) (see vote tally)
01/27/2010Reported from Courts of Justice with amendments (16-Y 6-N) (see vote tally)
01/29/2010Read first time
02/01/2010Read second time
02/01/2010Committee amendments agreed to
02/01/2010Engrossed by House as amended HB681E
02/01/2010Printed as engrossed 10102302D-E
02/02/2010Read third time and passed House (68-Y 28-N)
02/02/2010VOTE: --- PASSAGE (68-Y 28-N) (see vote tally)
02/03/2010Constitutional reading dispensed
02/03/2010Referred to Committee for Courts of Justice
02/14/2010Impact statement from DPB (HB681E)
03/03/2010Passed by indefinitely in Courts of Justice (9-Y 5-N) (see vote tally)


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 10 clips in all, totaling 14 minutes.


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.