§ 19.2-76.1. Submission of quarterly reports concerning unexecuted felony andmisdemeanor warrants and other criminal process; destruction; dismissal.
It shall be the duty of the chief law-enforcement officer of the policedepartment or sheriff's office, whichever is responsible for such service, ineach county, town or city of the Commonwealth to submit quarterly reports tothe attorney for the Commonwealth for the county, town or city concerningunexecuted felony and misdemeanor arrest warrants, summonses, capiases orother unexecuted criminal processes as hereinafter provided. The reportsshall list those existing felony arrest warrants in his possession that havenot been executed within seven years of the date of issuance, thosemisdemeanor arrest warrants, summonses and capiases and other criminalprocesses in his possession that have not been executed within three yearsfrom the date of issuance, and those unexecuted misdemeanor arrest warrants,summonses and capiases in his possession that were issued for a now deceasedperson, based on mistaken identity or as a result of any other technical orlegal error. The reports shall be submitted in writing no later than thetenth day of April, July, October, and January of each year, together withthe unexecuted felony and misdemeanor warrants, or other unexecuted criminalprocesses listed therein. Upon receipt of the report and the warrants listedtherein, the attorney for the Commonwealth shall petition the circuit courtof the county or city for the destruction of such unexecuted felony andmisdemeanor warrants, summonses, capiases or other unexecuted criminalprocesses. The attorney for the Commonwealth may petition that certain of theunexecuted warrants, summonses, capiases and other unexecuted criminalprocesses not be destroyed based upon justifiable continuing, activeinvestigation of the cases. The circuit court shall order the destruction ofeach such unexecuted felony warrant and each unexecuted misdemeanor warrant,summons, capias and other criminal process except (i) any warrant whichcharges capital murder and (ii) any unexecuted criminal process whosepreservation is deemed justifiable by the court. No arrest shall be madeunder the authority of any warrant or other process which has been ordereddestroyed pursuant to this section. Nothing in this section shall beconstrued to relate to or affect the time within which a prosecution for afelony or a misdemeanor shall be commenced.
Notwithstanding the foregoing, an attorney for the Commonwealth may at anytime move for the dismissal of any unexecuted warrant or summons issued by amagistrate upon presentation of such warrant or summons to the court in whichthe warrant or summons would otherwise be returnable. Dismissal of such awarrant or summons shall be without prejudice.
As used herein, the term "chief law-enforcement officer" refers to thechiefs of police of cities, counties and towns and sheriffs of cities andcounties, unless a political subdivision has otherwise designated its chieflaw-enforcement officer by appropriate resolution or ordinance, in which casethe local designation shall be controlling.
(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.)
§ 19.2-76.1. Submission of quarterly reports concerning unexecuted felony andmisdemeanor warrants and other criminal process; destruction; dismissal.
It shall be the duty of the chief law-enforcement officer of the policedepartment or sheriff's office, whichever is responsible for such service, ineach county, town or city of the Commonwealth to submit quarterly reports tothe attorney for the Commonwealth for the county, town or city concerningunexecuted felony and misdemeanor arrest warrants, summonses, capiases orother unexecuted criminal processes as hereinafter provided. The reportsshall list those existing felony arrest warrants in his possession that havenot been executed within seven years of the date of issuance, thosemisdemeanor arrest warrants, summonses and capiases and other criminalprocesses in his possession that have not been executed within three yearsfrom the date of issuance, and those unexecuted misdemeanor arrest warrants,summonses and capiases in his possession that were issued for a now deceasedperson, based on mistaken identity or as a result of any other technical orlegal error. The reports shall be submitted in writing no later than thetenth day of April, July, October, and January of each year, together withthe unexecuted felony and misdemeanor warrants, or other unexecuted criminalprocesses listed therein. Upon receipt of the report and the warrants listedtherein, the attorney for the Commonwealth shall petition the circuit courtof the county or city for the destruction of such unexecuted felony andmisdemeanor warrants, summonses, capiases or other unexecuted criminalprocesses. The attorney for the Commonwealth may petition that certain of theunexecuted warrants, summonses, capiases and other unexecuted criminalprocesses not be destroyed based upon justifiable continuing, activeinvestigation of the cases. The circuit court shall order the destruction ofeach such unexecuted felony warrant and each unexecuted misdemeanor warrant,summons, capias and other criminal process except (i) any warrant whichcharges capital murder and (ii) any unexecuted criminal process whosepreservation is deemed justifiable by the court. No arrest shall be madeunder the authority of any warrant or other process which has been ordereddestroyed pursuant to this section. Nothing in this section shall beconstrued to relate to or affect the time within which a prosecution for afelony or a misdemeanor shall be commenced.
Notwithstanding the foregoing, an attorney for the Commonwealth may at anytime move for the dismissal of any unexecuted warrant or summons issued by amagistrate upon presentation of such warrant or summons to the court in whichthe warrant or summons would otherwise be returnable. Dismissal of such awarrant or summons shall be without prejudice.
As used herein, the term "chief law-enforcement officer" refers to thechiefs of police of cities, counties and towns and sheriffs of cities andcounties, unless a political subdivision has otherwise designated its chieflaw-enforcement officer by appropriate resolution or ordinance, in which casethe local designation shall be controlling.
(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.)
§ 19.2-76.1. Submission of quarterly reports concerning unexecuted felony andmisdemeanor warrants and other criminal process; destruction; dismissal.
It shall be the duty of the chief law-enforcement officer of the policedepartment or sheriff's office, whichever is responsible for such service, ineach county, town or city of the Commonwealth to submit quarterly reports tothe attorney for the Commonwealth for the county, town or city concerningunexecuted felony and misdemeanor arrest warrants, summonses, capiases orother unexecuted criminal processes as hereinafter provided. The reportsshall list those existing felony arrest warrants in his possession that havenot been executed within seven years of the date of issuance, thosemisdemeanor arrest warrants, summonses and capiases and other criminalprocesses in his possession that have not been executed within three yearsfrom the date of issuance, and those unexecuted misdemeanor arrest warrants,summonses and capiases in his possession that were issued for a now deceasedperson, based on mistaken identity or as a result of any other technical orlegal error. The reports shall be submitted in writing no later than thetenth day of April, July, October, and January of each year, together withthe unexecuted felony and misdemeanor warrants, or other unexecuted criminalprocesses listed therein. Upon receipt of the report and the warrants listedtherein, the attorney for the Commonwealth shall petition the circuit courtof the county or city for the destruction of such unexecuted felony andmisdemeanor warrants, summonses, capiases or other unexecuted criminalprocesses. The attorney for the Commonwealth may petition that certain of theunexecuted warrants, summonses, capiases and other unexecuted criminalprocesses not be destroyed based upon justifiable continuing, activeinvestigation of the cases. The circuit court shall order the destruction ofeach such unexecuted felony warrant and each unexecuted misdemeanor warrant,summons, capias and other criminal process except (i) any warrant whichcharges capital murder and (ii) any unexecuted criminal process whosepreservation is deemed justifiable by the court. No arrest shall be madeunder the authority of any warrant or other process which has been ordereddestroyed pursuant to this section. Nothing in this section shall beconstrued to relate to or affect the time within which a prosecution for afelony or a misdemeanor shall be commenced.
Notwithstanding the foregoing, an attorney for the Commonwealth may at anytime move for the dismissal of any unexecuted warrant or summons issued by amagistrate upon presentation of such warrant or summons to the court in whichthe warrant or summons would otherwise be returnable. Dismissal of such awarrant or summons shall be without prejudice.
As used herein, the term "chief law-enforcement officer" refers to thechiefs of police of cities, counties and towns and sheriffs of cities andcounties, unless a political subdivision has otherwise designated its chieflaw-enforcement officer by appropriate resolution or ordinance, in which casethe local designation shall be controlling.
(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.)
