                                 CODE OF VIRGINIA

ISSUANCE AND SERVICE OF SUMMONS IN PLACE OF WARRANT IN MISDEMEANOR CASE;
ISSUANCE OF SUMMONS BY SPECIAL CONSERVATORS OF THE PEACE (§ 19.2-74)

A. 1. Whenever any person is detained by or is in the custody of an arresting
officer for any violation committed in such officer&#8217;s presence which
offense is a violation of any county, city or town ordinance or of any provision
of this Code punishable as a Class 1 or Class 2 misdemeanor or any other
misdemeanor for which he may receive a jail sentence, except as otherwise
provided in Title 46.2, or for offenses listed in subsection D of § 19.2-81, or
an arrest on a warrant charging an offense for which a summons may be issued,
and when specifically authorized by the judicial officer issuing the warrant,
the arresting officer shall take the name and address of such person and issue a
summons or otherwise notify him in writing to appear at a time and place to be
specified in such summons or notice. Upon the giving by such person of his
written promise to appear at such time and place, the officer shall forthwith
release him from custody. However, if any such person shall fail or refuse to
discontinue the unlawful act, the officer may proceed according to the
provisions of § 19.2-82.
			Anything in this section to the contrary notwithstanding, if any person is
believed by the arresting officer to be likely to disregard a summons issued
under the provisions of this subsection, or if any person is reasonably believed
by the arresting officer to be likely to cause harm to himself or to any other
person, a magistrate or other issuing authority having jurisdiction shall
proceed according to the provisions of § 19.2-82.

   2. Whenever any person is detained by or is in the custody of an arresting
   officer for a violation of any county, city, or town ordinance or of any
   provision of this Code, punishable as a Class 3 or Class 4 misdemeanor or any
   other misdemeanor for which he cannot receive a jail sentence, except as
   otherwise provided in Title 46.2, or to the offense of public drunkenness as
   defined in &#xA7; 18.2-388, the arresting officer shall take the name and
   address of such person and issue a summons or otherwise notify him in writing
   to appear at a time and place to be specified in such summons or notice. Upon
   the giving of such person of his written promise to appear at such time and
   place, the officer shall forthwith release him from custody. However, if any
   such person shall fail or refuse to discontinue the unlawful act, the officer
   may proceed according to the provisions of &#xA7; 19.2-82.

   3. Unless otherwise authorized by law, any person so summoned shall not be
   held in custody after the issuance of such summons for the purpose of
   complying with the requirements of Chapter 23 (&#xA7; 19.2-387 et seq.).
   Reports to the Central Criminal Records Exchange concerning such persons shall
   be made pursuant to subdivision A 2 of &#xA7; 19.2-390 and subsection C of
   &#xA7; 19.2-390.
   				Any person refusing to give such written promise to appear under the
   provisions of this section shall be taken immediately by the arresting or
   other police officer before a magistrate or other issuing authority having
   jurisdiction, who shall proceed according to provisions of &#xA7; 19.2-82.
   				Any person who willfully violates his written promise to appear, given in
   accordance with this section, shall be treated in accordance with the
   provisions of &#xA7; 19.2-128, regardless of the disposition of, and in
   addition to, the charge upon which he was originally arrested.
   				Any person charged with committing any violation of &#xA7; 18.2-407 may be
   arrested and immediately brought before a magistrate who shall proceed as
   provided in &#xA7; 19.2-82.

B. Conservators of the peace appointed under Chapter 2 (&#xA7; 19.2-12 et seq.)
may issue summonses pursuant to this section, if such officers are in uniform or
displaying a badge of office. On application, the chief law-enforcement officer
of the county or city shall supply each officer with a supply of summons forms,
for which such officer shall account pursuant to regulation of such chief
law-enforcement officer.

C. The summons used by a law-enforcement officer pursuant to this section shall
be in form the same as the uniform summons for motor vehicle law violations as
prescribed pursuant to &#xA7; 46.2-388. If the summons is issued for an offense
in violation of any county, city, or town ordinance that is similar to any
provision of this Code, the summons shall reference the offense using both the
citation corresponding to the county, city, or town ordinance and the specific
provision of this Code.

HISTORY: Code 1950, § 19.1-92.1; 1973, c. 98; 1974, c. 481; 1975, c. 495; 1976,
c. 753; 1978, c. 500; 1979, cc. 679, 680; 1980, c. 492; 1981, c. 382; 1982, cc.
485, 500; 1984, c. 24; 1988, c. 455; 1995, c. 471; 2010, c. 840; 2014, c. 543;
2019, cc. 782, 783; 2021, Sp. Sess. I, cc. 524, 542.