Jailable offense; discretion of law-enforcement officer to arrest or issue summons therefor. (SB643)

Introduced By

Sen. Roscoe Reynolds (D-Martinsville)


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.

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Bill Has Failed


01/19/2010Presented and ordered printed 10103013D
01/19/2010Referred to Committee for Courts of Justice
02/14/2010Impact statement from DPB (SB643)
02/15/2010Failed to report (defeated) in Courts of Justice (5-Y 10-N) (see vote tally)


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.