10104087D Be it enacted by the General Assembly of Virginia: 1. That § 19.2-71 of the Code of Virginia is amended and reenacted as follows: §19.2-71. Who may issue process of arrest. A. Process for the arrest of a person charged with a criminal
offense may be issued by the judge, or clerk of any circuit court, any general
district court, any juvenile and domestic relations district court, or any
magistrate as provided for in Chapter 3 (§19.2-26 et seq.) of this title.
However, no magistrate may issue an arrest warrant for a felony offense upon
the basis of a complaint by a person other than a law-enforcement officer
without prior B. No law-enforcement officer shall seek issuance of process by any judicial officer, for the arrest of a person for the offense of capital murder as defined in §18.2-31, without prior authorization by the attorney for the Commonwealth. Failure to comply with the provisions of this subsection shall not be (i) a basis upon which a warrant may be quashed or deemed invalid, (ii) deemed error upon which a conviction or sentence may be reversed or vacated, or (iii) a basis upon which a court may prevent or delay execution of sentence. |