DUI arrests; officer at a medical facility may issue summons for violation thereof, etc. (HB770)

Introduced By

Del. Bill Cleaveland (R-Roanoke)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


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." Read the Bill »


Bill Has Passed


01/12/2010Prefiled and ordered printed; offered 01/13/10 10101603D
01/12/2010Referred to Committee for Courts of Justice
01/13/2010Impact statement from VCSC (HB770)
01/28/2010Assigned Courts sub: #1 Criminal
02/03/2010Subcommittee recommends reporting with amendment(s) (6-Y 1-N)
02/10/2010Reported from Courts of Justice with substitute (21-Y 0-N) (see vote tally)
02/10/2010Committee substitute printed 10104933D-H1
02/12/2010Impact statement from VCSC (HB770H1)
02/12/2010Read first time
02/15/2010Read second time
02/15/2010Committee substitute agreed to 10104933D-H1
02/15/2010Engrossed by House - committee substitute HB770H1
02/16/2010Read third time and passed House BLOCK VOTE (99-Y 0-N)
02/16/2010VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) (see vote tally)
02/17/2010Constitutional reading dispensed
02/17/2010Referred to Committee for Courts of Justice
03/02/2010Impact statement from VCSC (HB770H1)
03/03/2010Reported from Courts of Justice with amendments (15-Y 0-N) (see vote tally)
03/05/2010Constitutional reading dispensed (39-Y 0-N) (see vote tally)
03/08/2010Read third time
03/08/2010Reading of amendments waived
03/08/2010Committee amendments agreed to
03/08/2010Engrossed by Senate as amended
03/08/2010Passed Senate with amendments (40-Y 0-N) (see vote tally)
03/09/2010Placed on Calendar
03/10/2010Senate amendments agreed to by House (96-Y 0-N)
03/10/2010VOTE: --- ADOPTION (96-Y 0-N) (see vote tally)
03/22/2010Bill text as passed House and Senate (HB770ER)
03/22/2010Signed by Speaker
03/25/2010Signed by President
04/01/2010Impact statement from VCSC (HB770ER)
04/08/2010Impact statement from DPB (HB770ER)
04/13/2010Governor's recommendation received by House
04/13/2010Governor's substitute printed 10106246D-H2
04/14/2010Impact statement from VCSC (HB770H2)
04/20/2010Placed on Calendar
04/21/2010House concurred in Governor's recommendation (94-Y 1-N)
04/21/2010VOTE: --- ADOPTION (94-Y 1-N) (see vote tally)
04/21/2010Senate concurred in Governor's recommendation (39-Y 0-N) (see vote tally)
04/21/2010G Governor's recommendation adopted
04/21/2010Reenrolled bill text (HB770ER2)
04/21/2010Signed by Speaker as reenrolled
04/21/2010Signed by President as reenrolled
04/21/2010Enacted, Chapter 840 (effective 7/1/10)
04/21/2010G Acts of Assembly Chapter text (CHAP0840)


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 35 seconds.