HB1809: Attorneys for State and their assistants; duties.


HOUSE BILL NO. 1809
House Amendments in [ ] ? February 3, 2011
A BILL to amend and reenact § 15.2-1627 of the Code of Virginia, relating to duties of attorneys for the Commonwealth and their assistants.
Patron Prior to Engrossment--Delegate Surovell

Referred to Committee for Courts of Justice

Be it enacted by the General Assembly of Virginia:

1.  That § 15.2-1627 of the Code of Virginia is amended and reenacted as follows:

§ 15.2-1627. Duties of attorneys for the Commonwealth and their assistants.

A. No attorney for the Commonwealth, or assistant attorney for the Commonwealth, shall be required to carry out any duties as a part of his office in civil matters of advising the governing body and all boards, departments, agencies, officials and employees of his county or city; of drafting or preparing county or city ordinances; of defending or bringing actions in which the county or city, or any of its boards, departments or agencies, or officials and employees thereof, shall be a party; or in any other manner of advising or representing the county or city, its boards, departments, agencies, officials and employees, except in matters involving the enforcement of the criminal law within the county or city.

B. The attorney for the Commonwealth and assistant attorney for the Commonwealth shall be a part of the department of law enforcement of the county or city in which he is elected or appointed, and shall have the duties and powers imposed upon him by general law, including the duty of prosecuting all warrants, indictments or informations charging a felony, and he may in his discretion, prosecute Class 1, 2 and 3 misdemeanors, or any other violation, the conviction of which carries a penalty of confinement in jail, or a fine of $500 or more, or both such confinement and fine. He shall enforce all forfeitures, and carry out all duties imposed upon him by § 2.2-3126. He [ shall may ] enforce the provisions of subsection D of § 18.2-268.3.

[ 2. That an emergency exists and the provisions of this act shall become effective upon passage. ]

HOUSE BILL NO. 1809
Offered January 12, 2011
Prefiled January 11, 2011
A BILL to amend and reenact § 15.2-1627 of the Code of Virginia, relating to duties of attorneys for the Commonwealth and their assistants.
Patrons-- Surovell, Bulova and Kory; Senator: Petersen

Referred to Committee for Courts of Justice

Be it enacted by the General Assembly of Virginia:

1.  That § 15.2-1627 of the Code of Virginia is amended and reenacted as follows:

§ 15.2-1627. Duties of attorneys for the Commonwealth and their assistants.

A. No attorney for the Commonwealth, or assistant attorney for the Commonwealth, shall be required to carry out any duties as a part of his office in civil matters of advising the governing body and all boards, departments, agencies, officials and employees of his county or city; of drafting or preparing county or city ordinances; of defending or bringing actions in which the county or city, or any of its boards, departments or agencies, or officials and employees thereof, shall be a party; or in any other manner of advising or representing the county or city, its boards, departments, agencies, officials and employees, except in matters involving the enforcement of the criminal law within the county or city.

B. The attorney for the Commonwealth and assistant attorney for the Commonwealth shall be a part of the department of law enforcement of the county or city in which he is elected or appointed, and shall have the duties and powers imposed upon him by general law, including the duty of prosecuting all warrants, indictments or informations charging a felony, and he may in his discretion, prosecute Class 1, 2 and 3 misdemeanors, or any other violation, the conviction of which carries a penalty of confinement in jail, or a fine of $500 or more, or both such confinement and fine. He shall enforce all forfeitures, and carry out all duties imposed upon him by § 2.2-3126. He shall enforce the provisions of subsection D of § 18.2-268.3.