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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>68951</law_id><section_number>19.2-76.1</section_number><catch_line>Submission of quarterly reports concerning unexecuted felony and misdemeanor warrants and other criminal process; destruction; dismissal</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>19.2-390</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="19.2">Criminal Procedure</unit><unit label="chapter" level="2" order_by="1" identifier="7">Arrest</unit></structure><text>
						<section><p>It shall be the duty of the chief <span class="dictionary">law</span>-enforcement officer of the police department or sheriff&#x2019;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 <span class="dictionary">felony</span> and <span class="dictionary">misdemeanor</span> <span class="dictionary">arrest</span> warrants, summonses, capiases or other unexecuted criminal processes as hereinafter provided. The reports shall list those existing <span class="dictionary">felony</span> <span class="dictionary">arrest</span> warrants in his <span class="dictionary">possession</span> that have not been executed within seven years of the date of issuance, those <span class="dictionary">misdemeanor</span> <span class="dictionary">arrest</span> warrants, summonses and capiases and other criminal processes in his <span class="dictionary">possession</span> that have not been executed within three years from the date of issuance, and those unexecuted <span class="dictionary">misdemeanor</span> <span class="dictionary">arrest</span> warrants, summonses and capiases in his <span class="dictionary">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 <span class="dictionary">felony</span> and <span class="dictionary">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 <span class="dictionary">petition</span> the <span class="dictionary">circuit</span> <span class="dictionary">court</span> of the county or city for the destruction of such unexecuted <span class="dictionary">felony</span> and <span class="dictionary">misdemeanor</span> warrants, summonses, capiases or other unexecuted criminal processes. The attorney for the Commonwealth may <span class="dictionary">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 <span class="dictionary">circuit</span> <span class="dictionary">court</span> shall <span class="dictionary">order</span> the destruction of each such unexecuted <span class="dictionary">felony</span> warrant and each unexecuted <span class="dictionary">misdemeanor</span> warrant, <span class="dictionary">summons</span>, <span class="dictionary">capias</span> and other criminal process except (i) any warrant that charges aggravated <span class="dictionary">murder</span> and (ii) any unexecuted criminal process whose preservation is deemed justifiable by the <span class="dictionary">court</span>. No <span class="dictionary">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 <span class="dictionary">prosecution</span> for a <span class="dictionary">felony</span> or a <span class="dictionary">misdemeanor</span> shall be commenced.
		Notwithstanding the foregoing, an attorney for the Commonwealth may at any time move for the <span class="dictionary">dismissal</span> and destruction of any unexecuted warrant or <span class="dictionary">summons</span> issued by a <span class="dictionary">magistrate</span> upon presentation of such warrant or <span class="dictionary">summons</span> to the <span class="dictionary">court</span> in which the warrant or <span class="dictionary">summons</span> would otherwise be returnable. The <span class="dictionary">court</span> shall not <span class="dictionary">order</span> the <span class="dictionary">dismissal</span> and destruction of any warrant that charges aggravated <span class="dictionary">murder</span> and shall not <span class="dictionary">order</span> the <span class="dictionary">dismissal</span> and destruction of an unexecuted criminal process whose preservation is deemed justifiable by the <span class="dictionary">court</span>. <span class="dictionary">Dismissal</span> of such a warrant or <span class="dictionary">summons</span> shall be without prejudice.
		As used herein, the term &#x201C;chief <span class="dictionary">law</span>-enforcement officer&#x201D; 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 <span class="dictionary">law</span>-enforcement officer by appropriate resolution or <span class="dictionary">ordinance</span>, in which case the local designation shall be controlling.</p></section></text><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.</history><metadata></metadata></law>
