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Issuance of summons instead of warrant in certain cases. Provides that in any misdemeanor case or in any class of misdemeanor cases other than Class 1 or 2 misdemeanors, or in any case involving complaints made by any state or local governmental official or employee having responsibility for the enforcement of any statute, ordinance, or administrative regulation, the magistrate or other issuing authority having jurisdiction may issue a summons instead of a warrant only upon a showing of evidence that the accused is willing and able to appear in the courts having jurisdiction over the trial of the offense charged. The bill further provides that in cases involving Class 1 or 2 misdemeanors, the magistrate or other issuing authority having jurisdiction shall issue a warrant for such alleged offense unless he finds that there is reason to believe that the person charged will appear in the courts having jurisdiction over the trial of the offense charged. The bill requires the magistrate or other issuing authority having jurisdiction to submit, in writing, the facts supporting his decision to issue a summons instead of a warrant, which shall be filed with the summons in the court file. Under current law, the magistrate or other issuing authority having jurisdiction may issue a summons instead of a warrant when there is reason to believe that the person charged will appear in the courts having jurisdiction over the trial of the offense charged.
Introduced
Jan 13, 2026
Last Action
Feb 18, 2026
Session
VA 2026
Sponsors
1 primary · 0 co
Left in Committee Courts of Justice
Subcommittee recommends laying on the table (7-Y 3-N)
Assigned HCJ sub: Criminal
Fiscal Impact Statement from Department of Planning and Budget (HB718)
Prefiled and ordered printed; Offered 01-14-2026 26103822D
Referred to Committee for Courts of Justice
Get a plain-English explanation of what this bill does, who it affects, and why it matters.
Left in Committee Courts of Justice
Eric R. Zehr