{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-76.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-76.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-76.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-76.1.html"}],"law_id":68951,"edition_id":1,"section_id":68951,"structure_id":13638,"section_number":"19.2-76.1","catch_line":"Submission of quarterly reports concerning unexecuted felony and misdemeanor warrants and other criminal process; destruction; dismissal","history":"1976, c. 252; 1979, c. 34; 1982, c. 608; 1985, c. 199; 1990, c. 626; 1991, c. 542; 1993, c. 550; 2003, c. 147; 2010, c. 652; 2011, cc. 336, 347; 2021, Sp. Sess. I, cc. 344, 345.","full_text":"It shall be the duty of the chief law-enforcement officer of the police department or sheriff’s office, whichever is responsible for such service, in each county, town or city of the Commonwealth to submit quarterly reports to the attorney for the Commonwealth for the county, town or city concerning unexecuted felony and misdemeanor arrest warrants, summonses, capiases or other unexecuted criminal processes as hereinafter provided. The reports shall list those existing felony arrest warrants in his possession that have not been executed within seven years of the date of issuance, those misdemeanor arrest warrants, summonses and capiases and other criminal processes in his possession that have not been executed within three years from the date of issuance, and those unexecuted misdemeanor arrest warrants, summonses and capiases in his possession that were issued for a now deceased person, based on mistaken identity or as a result of any other technical or legal error. The reports shall be submitted in writing no later than the tenth day of April, July, October, and January of each year, together with the unexecuted felony and misdemeanor warrants, or other unexecuted criminal processes listed therein. Upon receipt of the report and the warrants listed therein, the attorney for the Commonwealth shall petition the circuit court of the county or city for the destruction of such unexecuted felony and misdemeanor warrants, summonses, capiases or other unexecuted criminal processes. The attorney for the Commonwealth may petition that certain of the unexecuted warrants, summonses, capiases and other unexecuted criminal processes not be destroyed based upon justifiable continuing, active investigation of the cases. The circuit court shall order the destruction of each such unexecuted felony warrant and each unexecuted misdemeanor warrant, summons, capias and other criminal process except (i) any warrant that charges aggravated murder and (ii) any unexecuted criminal process whose preservation is deemed justifiable by the court. No arrest shall be made under the authority of any warrant or other process which has been ordered destroyed pursuant to this section. Nothing in this section shall be construed to relate to or affect the time within which a prosecution for a felony or a misdemeanor shall be commenced.\n\t\tNotwithstanding the foregoing, an attorney for the Commonwealth may at any time move for the dismissal and destruction of any unexecuted warrant or summons issued by a magistrate upon presentation of such warrant or summons to the court in which the warrant or summons would otherwise be returnable. The court shall not order the dismissal and destruction of any warrant that charges aggravated murder and shall not order the dismissal and destruction of an unexecuted criminal process whose preservation is deemed justifiable by the court. Dismissal of such a warrant or summons shall be without prejudice.\n\t\tAs used herein, the term “chief law-enforcement officer” refers to the chiefs of police of cities, counties and towns and sheriffs of cities and counties, unless a political subdivision has otherwise designated its chief law-enforcement officer by appropriate resolution or ordinance, in which case the local designation shall be controlling.","order_by":null,"text":{"0":{"id":249617,"text":"It shall be the duty of the chief law-enforcement officer of the police department or sheriff’s office, whichever is responsible for such service, in each county, town or city of the Commonwealth to submit quarterly reports to the attorney for the Commonwealth for the county, town or city concerning unexecuted felony and misdemeanor arrest warrants, summonses, capiases or other unexecuted criminal processes as hereinafter provided. The reports shall list those existing felony arrest warrants in his possession that have not been executed within seven years of the date of issuance, those misdemeanor arrest warrants, summonses and capiases and other criminal processes in his possession that have not been executed within three years from the date of issuance, and those unexecuted misdemeanor arrest warrants, summonses and capiases in his possession that were issued for a now deceased person, based on mistaken identity or as a result of any other technical or legal error. The reports shall be submitted in writing no later than the tenth day of April, July, October, and January of each year, together with the unexecuted felony and misdemeanor warrants, or other unexecuted criminal processes listed therein. Upon receipt of the report and the warrants listed therein, the attorney for the Commonwealth shall petition the circuit court of the county or city for the destruction of such unexecuted felony and misdemeanor warrants, summonses, capiases or other unexecuted criminal processes. The attorney for the Commonwealth may petition that certain of the unexecuted warrants, summonses, capiases and other unexecuted criminal processes not be destroyed based upon justifiable continuing, active investigation of the cases. The circuit court shall order the destruction of each such unexecuted felony warrant and each unexecuted misdemeanor warrant, summons, capias and other criminal process except (i) any warrant that charges aggravated murder and (ii) any unexecuted criminal process whose preservation is deemed justifiable by the court. No arrest shall be made under the authority of any warrant or other process which has been ordered destroyed pursuant to this section. Nothing in this section shall be construed to relate to or affect the time within which a prosecution for a felony or a misdemeanor shall be commenced.\n\t\tNotwithstanding the foregoing, an attorney for the Commonwealth may at any time move for the dismissal and destruction of any unexecuted warrant or summons issued by a magistrate upon presentation of such warrant or summons to the court in which the warrant or summons would otherwise be returnable. The court shall not order the dismissal and destruction of any warrant that charges aggravated murder and shall not order the dismissal and destruction of an unexecuted criminal process whose preservation is deemed justifiable by the court. Dismissal of such a warrant or summons shall be without prejudice.\n\t\tAs used herein, the term “chief law-enforcement officer” refers to the chiefs of police of cities, counties and towns and sheriffs of cities and counties, unless a political subdivision has otherwise designated its chief law-enforcement officer by appropriate resolution or ordinance, in which case the local designation shall be controlling.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13638,"edition_id":1,"name":"Arrest","identifier":"7","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:45:27","date_modified":"2026-06-26 03:45:27","permalink":{"id":170919,"object_type":"structure","relational_id":13638,"identifier":"7","token":"19.2\/7","url":"\/19.2\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":57792,"structure_id":13638,"section_number":"19.2-71","catch_line":"Who may issue process of arrest","url":"\/19.2-71\/","token":"19.2\/7\/19.2-71","metadata":false},{"id":56060,"structure_id":13638,"section_number":"19.2-72","catch_line":"When it may issue; what to recite and require","url":"\/19.2-72\/","token":"19.2\/7\/19.2-72","metadata":false},{"id":62110,"structure_id":13638,"section_number":"19.2-73","catch_line":"Issuance of summons instead of warrant in certain cases","url":"\/19.2-73\/","token":"19.2\/7\/19.2-73","metadata":false},{"id":70049,"structure_id":13638,"section_number":"19.2-73.1","catch_line":"Notice of issuance of warrant or summons; appearance; failure to appear","url":"\/19.2-73.1\/","token":"19.2\/7\/19.2-73.1","metadata":false},{"id":83253,"structure_id":13638,"section_number":"19.2-73.2","catch_line":"Law-enforcement officers to issue subpoenas; penalty","url":"\/19.2-73.2\/","token":"19.2\/7\/19.2-73.2","metadata":false},{"id":57508,"structure_id":13638,"section_number":"19.2-74","catch_line":"Issuance and service of summons in place of warrant in misdemeanor case; issuance of summons by special conservators of the peace","url":"\/19.2-74\/","token":"19.2\/7\/19.2-74","metadata":false},{"id":68524,"structure_id":13638,"section_number":"19.2-74.1","catch_line":"Repealed","url":"\/19.2-74.1\/","token":"19.2\/7\/19.2-74.1","metadata":false},{"id":79219,"structure_id":13638,"section_number":"19.2-75","catch_line":"Copy of process to be left with accused; exception","url":"\/19.2-75\/","token":"19.2\/7\/19.2-75","metadata":false},{"id":80529,"structure_id":13638,"section_number":"19.2-76","catch_line":"Execution and return of warrant, capias or summons; arrest outside county or city where charge is to be tried","url":"\/19.2-76\/","token":"19.2\/7\/19.2-76","metadata":false},{"id":68951,"structure_id":13638,"section_number":"19.2-76.1","catch_line":"Submission of quarterly reports concerning unexecuted felony and misdemeanor warrants and other criminal process; destruction; dismissal","url":"\/19.2-76.1\/","token":"19.2\/7\/19.2-76.1","metadata":false},{"id":66460,"structure_id":13638,"section_number":"19.2-76.2","catch_line":"Mailing of summons in certain cases","url":"\/19.2-76.2\/","token":"19.2\/7\/19.2-76.2","metadata":false},{"id":83631,"structure_id":13638,"section_number":"19.2-76.3","catch_line":"Failure to appear on return date for summons issued under \u00a7 19.2-76.2","url":"\/19.2-76.3\/","token":"19.2\/7\/19.2-76.3","metadata":false},{"id":61047,"structure_id":13638,"section_number":"19.2-77","catch_line":"Escape, flight and pursuit; arrest anywhere in Commonwealth","url":"\/19.2-77\/","token":"19.2\/7\/19.2-77","metadata":false},{"id":85927,"structure_id":13638,"section_number":"19.2-78","catch_line":"Uniform of officer making arrest","url":"\/19.2-78\/","token":"19.2\/7\/19.2-78","metadata":false},{"id":79468,"structure_id":13638,"section_number":"19.2-79","catch_line":"Arrest by officers of other states of United States","url":"\/19.2-79\/","token":"19.2\/7\/19.2-79","metadata":false},{"id":66672,"structure_id":13638,"section_number":"19.2-80","catch_line":"Duty of arresting officer; bail","url":"\/19.2-80\/","token":"19.2\/7\/19.2-80","metadata":false},{"id":60845,"structure_id":13638,"section_number":"19.2-80.1","catch_line":"When arrested person operating motor vehicle; how vehicle removed from scene of arrest","url":"\/19.2-80.1\/","token":"19.2\/7\/19.2-80.1","metadata":false},{"id":81296,"structure_id":13638,"section_number":"19.2-80.2","catch_line":"Duty of arresting officer; providing magistrate or court with criminal history information","url":"\/19.2-80.2\/","token":"19.2\/7\/19.2-80.2","metadata":false},{"id":60675,"structure_id":13638,"section_number":"19.2-81","catch_line":"Arrest without warrant authorized in certain cases","url":"\/19.2-81\/","token":"19.2\/7\/19.2-81","metadata":false},{"id":62476,"structure_id":13638,"section_number":"19.2-81.1","catch_line":"Arrest without warrant by correctional officers in certain cases","url":"\/19.2-81.1\/","token":"19.2\/7\/19.2-81.1","metadata":false},{"id":62627,"structure_id":13638,"section_number":"19.2-81.2","catch_line":"Power of correctional officers and designated noncustodial employees to detain","url":"\/19.2-81.2\/","token":"19.2\/7\/19.2-81.2","metadata":false},{"id":86739,"structure_id":13638,"section_number":"19.2-81.3","catch_line":"Arrest without a warrant authorized in cases of assault and battery against a family or household member and stalking and for violations of protective orders; procedure, etc","url":"\/19.2-81.3\/","token":"19.2\/7\/19.2-81.3","metadata":false},{"id":55203,"structure_id":13638,"section_number":"19.2-81.4","catch_line":"Repealed","url":"\/19.2-81.4\/","token":"19.2\/7\/19.2-81.4","metadata":false},{"id":55495,"structure_id":13638,"section_number":"19.2-81.5","catch_line":"Cooperation with a law-enforcement officer","url":"\/19.2-81.5\/","token":"19.2\/7\/19.2-81.5","metadata":false},{"id":72697,"structure_id":13638,"section_number":"19.2-81.6","catch_line":"Authority of law-enforcement officers to arrest illegal aliens","url":"\/19.2-81.6\/","token":"19.2\/7\/19.2-81.6","metadata":false},{"id":61276,"structure_id":13638,"section_number":"19.2-82","catch_line":"Procedure upon arrest without warrant","url":"\/19.2-82\/","token":"19.2\/7\/19.2-82","metadata":false},{"id":56295,"structure_id":13638,"section_number":"19.2-82.1","catch_line":"Giving false identity to law-enforcement officer; penalty","url":"\/19.2-82.1\/","token":"19.2\/7\/19.2-82.1","metadata":false},{"id":84938,"structure_id":13638,"section_number":"19.2-83","catch_line":"Repealed","url":"\/19.2-83\/","token":"19.2\/7\/19.2-83","metadata":false},{"id":78541,"structure_id":13638,"section_number":"19.2-83.1","catch_line":"Report of arrest of school employees and adult students for certain offenses","url":"\/19.2-83.1\/","token":"19.2\/7\/19.2-83.1","metadata":false},{"id":54610,"structure_id":13638,"section_number":"19.2-83.2","catch_line":"Jail officer to ascertain citizenship of inmate","url":"\/19.2-83.2\/","token":"19.2\/7\/19.2-83.2","metadata":false}],"previous_section":{"id":80529,"structure_id":13638,"section_number":"19.2-76","catch_line":"Execution and return of warrant, capias or summons; arrest outside county or city where charge is to be tried","url":"\/19.2-76\/","token":"19.2\/7\/19.2-76","metadata":false},"next_section":{"id":66460,"structure_id":13638,"section_number":"19.2-76.2","catch_line":"Mailing of summons in certain cases","url":"\/19.2-76.2\/","token":"19.2\/7\/19.2-76.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-76.1\/","history_text":"

This law was first created in 1976. The record of its establishment is cataloged in chapter 252 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1976 \u201cActs\u201d aren\u2019t available online. It has been modified 9 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1979, chapter 34; in 1982, chapter 608; in 1985, chapter 199; in 1990, chapter 626; in 1991, chapter 542; in 1993, chapter 550; in 2003, chapter 147<\/a>; in 2010, chapter 652<\/a>; in 2011, chapters 336<\/a> and 347<\/a>.<\/p>","references":[{"id":82582,"section_number":"19.2-390","catch_line":"Reports to be made by local law-enforcement officers, conservators of the peace, clerks of court, Secretary of the Commonwealth and Corrections officials to State Police; material submitted by other agencies","order_by":null,"url":"\/19.2-390\/"}],"refers_to":false,"permalink":{"id":170957,"object_type":"law","relational_id":68951,"identifier":"19.2-76.1","token":"19.2\/7\/19.2-76.1","url":"\/19.2-76.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-76.1\/","token":"19.2\/7\/19.2-76.1","dublin_core":{"Title":"Submission of quarterly reports concerning unexecuted felony and misdemeanor warrants and other criminal process; destruction; dismissal","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-76.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

It shall be the duty of the chief law<\/span>-enforcement officer of the police department or sheriff’s office, whichever is responsible for such service, in each county, town or city of the Commonwealth to submit quarterly reports to the attorney for the Commonwealth for the county, town or city concerning unexecuted felony<\/span> and misdemeanor<\/span> arrest<\/span> warrants, summonses, capiases or other unexecuted criminal processes as hereinafter provided. The reports shall list those existing felony<\/span> arrest<\/span> warrants in his possession<\/span> that have not been executed within seven years of the date of issuance, those misdemeanor<\/span> arrest<\/span> warrants, summonses and capiases and other criminal processes in his possession<\/span> that have not been executed within three years from the date of issuance, and those unexecuted misdemeanor<\/span> arrest<\/span> warrants, summonses and capiases in his possession<\/span> that were issued for a now deceased person, based on mistaken identity or as a result of any other technical or legal error. The reports shall be submitted in writing no later than the tenth day of April, July, October, and January of each year, together with the unexecuted felony<\/span> and misdemeanor<\/span> warrants, or other unexecuted criminal processes listed therein. Upon receipt of the report and the warrants listed therein, the attorney for the Commonwealth shall petition<\/span> the circuit<\/span> court<\/span> of the county or city for the destruction of such unexecuted felony<\/span> and misdemeanor<\/span> warrants, summonses, capiases or other unexecuted criminal processes. The attorney for the Commonwealth may petition<\/span> that certain of the unexecuted warrants, summonses, capiases and other unexecuted criminal processes not be destroyed based upon justifiable continuing, active investigation of the cases. The circuit<\/span> court<\/span> shall order<\/span> the destruction of each such unexecuted felony<\/span> warrant and each unexecuted misdemeanor<\/span> warrant, summons<\/span>, capias<\/span> and other criminal process except (i) any warrant that charges aggravated murder<\/span> and (ii) any unexecuted criminal process whose preservation is deemed justifiable by the court<\/span>. No arrest<\/span> shall be made under the authority of any warrant or other process which has been ordered destroyed pursuant to this section. Nothing in this section shall be construed to relate to or affect the time within which a prosecution<\/span> for a felony<\/span> or a misdemeanor<\/span> shall be commenced.\n\t\tNotwithstanding the foregoing, an attorney for the Commonwealth may at any time move for the dismissal<\/span> and destruction of any unexecuted warrant or summons<\/span> issued by a magistrate<\/span> upon presentation of such warrant or summons<\/span> to the court<\/span> in which the warrant or summons<\/span> would otherwise be returnable. The court<\/span> shall not order<\/span> the dismissal<\/span> and destruction of any warrant that charges aggravated murder<\/span> and shall not order<\/span> the dismissal<\/span> and destruction of an unexecuted criminal process whose preservation is deemed justifiable by the court<\/span>. Dismissal<\/span> of such a warrant or summons<\/span> shall be without prejudice.\n\t\tAs used herein, the term “chief law<\/span>-enforcement officer” refers to the chiefs of police of cities, counties and towns and sheriffs of cities and counties, unless a political subdivision has otherwise designated its chief law<\/span>-enforcement officer by appropriate resolution or ordinance<\/span>, in which case the local designation shall be controlling.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSUBMISSION OF QUARTERLY REPORTS CONCERNING UNEXECUTED FELONY AND MISDEMEANOR\nWARRANTS AND OTHER CRIMINAL PROCESS; DESTRUCTION; DISMISSAL (\u00a7 19.2-76.1)\n\nIt shall be the duty of the chief law-enforcement officer of the police\ndepartment or sheriff’s office, whichever is responsible for such service,\nin each county, town or city of the Commonwealth to submit quarterly reports to\nthe attorney for the Commonwealth for the county, town or city concerning\nunexecuted felony and misdemeanor arrest warrants, summonses, capiases or other\nunexecuted criminal processes as hereinafter provided. The reports shall list\nthose existing felony arrest warrants in his possession that have not been\nexecuted within seven years of the date of issuance, those misdemeanor arrest\nwarrants, summonses and capiases and other criminal processes in his possession\nthat have not been executed within three years from the date of issuance, and\nthose unexecuted misdemeanor arrest warrants, summonses and capiases in his\npossession that were issued for a now deceased person, based on mistaken\nidentity or as a result of any other technical or legal error. The reports shall\nbe submitted in writing no later than the tenth day of April, July, October, and\nJanuary of each year, together with the unexecuted felony and misdemeanor\nwarrants, or other unexecuted criminal processes listed therein. Upon receipt of\nthe report and the warrants listed therein, the attorney for the Commonwealth\nshall petition the circuit court of the county or city for the destruction of\nsuch unexecuted felony and misdemeanor warrants, summonses, capiases or other\nunexecuted criminal processes. The attorney for the Commonwealth may petition\nthat certain of the unexecuted warrants, summonses, capiases and other\nunexecuted criminal processes not be destroyed based upon justifiable\ncontinuing, active investigation of the cases. The circuit court shall order the\ndestruction of each such unexecuted felony warrant and each unexecuted\nmisdemeanor warrant, summons, capias and other criminal process except (i) any\nwarrant that charges aggravated murder and (ii) any unexecuted criminal process\nwhose preservation is deemed justifiable by the court. No arrest shall be made\nunder the authority of any warrant or other process which has been ordered\ndestroyed pursuant to this section. Nothing in this section shall be construed\nto relate to or affect the time within which a prosecution for a felony or a\nmisdemeanor shall be commenced.\n\t\tNotwithstanding the foregoing, an attorney for the Commonwealth may at any\ntime move for the dismissal and destruction of any unexecuted warrant or summons\nissued by a magistrate upon presentation of such warrant or summons to the court\nin which the warrant or summons would otherwise be returnable. The court shall\nnot order the dismissal and destruction of any warrant that charges aggravated\nmurder and shall not order the dismissal and destruction of an unexecuted\ncriminal process whose preservation is deemed justifiable by the court.\nDismissal of such a warrant or summons shall be without prejudice.\n\t\tAs used herein, the term “chief law-enforcement officer” refers to\nthe chiefs of police of cities, counties and towns and sheriffs of cities and\ncounties, unless a political subdivision has otherwise designated its chief\nlaw-enforcement officer by appropriate resolution or ordinance, in which case\nthe local designation shall be controlling.\n\nHISTORY: 1976, c. 252; 1979, c. 34; 1982, c. 608; 1985, c. 199; 1990, c. 626;\n1991, c. 542; 1993, c. 550; 2003, c. 147; 2010, c. 652; 2011, cc. 336, 347;\n2021, Sp. Sess. I, cc. 344, 345.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}