reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 7 - Arrest › § 19.2-75. Copy of process to be left with accused; exception

Except as provided in § 46.2-936, any process issued against a person charged with a criminal offense shall be in duplicate and the officer serving such process shall leave a copy with the person charged.
Code 1950, § 19.1-92; 1960, c. 366; 1975, c. 495.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 7 - Arrest › § 19.2-76. Execution and return of warrant, capias or summons; arrest outside county or city where charge is to be tried

A law-enforcement officer may execute within his jurisdiction a warrant, capias or summons issued anywhere in the Commonwealth. A jail officer as defined in § 53.1-1 employed at a regional jail or jail farm may execute upon a person being held in his jail a warrant, capias or summons issued anywhere in the Commonwealth. A warrant or capias shall be executed by the arrest of the accused, and a summons shall be executed by delivering a copy to the accused personally.
If the accused is a corporation, partnership, unincorporated association or legal entity other than an individual, a summons may be executed by service on the entity in the same manner as provided in Title 8.01 for service of process on that entity in a civil proceeding. However, if the summons is served on the entity by delivery to a registered agent or to any other agent who is not an officer, director, managing agent or employee of the entity, such agent shall not be personally subject to penalty for failure to appear as provided in § 19.2-128, nor shall the agent be subject to punishment for contempt for failure to appear under his summons as provided in § 19.2-129.
The law-enforcement officer or jail officer executing a warrant or capias shall endorse the date of execution thereon and make return thereof to a judicial officer. The law-enforcement officer executing a summons shall endorse the date of execution thereon and make return thereof to the court to which the summons is returnable.
Whenever a person is arrested upon a warrant or capias in a county or city other than that in which the charge is to be tried, the law-enforcement officer or jail officer making the arrest shall either (i) bring the accused forthwith before a judicial officer in the locality where the arrest was made or where the charge is to be tried or (ii) commit the accused to the custody of an officer from the county or city where the charge is to be tried who shall bring the accused forthwith before a judicial officer in the county or city in which the charge is to be tried. The judicial officer before whom the accused is brought shall immediately conduct a bail hearing and either admit the accused to bail or commit him to jail for transfer forthwith to the county or city where the charge is to be tried.
Code 1950, §§ 19.1-98, 19.1-99; 1960, c. 366; 1975, c. 495; 1979, c. 661; 1993, c. 431; 1994, c. 933; 1997, c. 10; 1998, c. 615; 2013, c. 207.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 7 - Arrest › § 19.2-76.2. Mailing of summons in certain cases

Notwithstanding the provisions of § 19.2-76, whenever a summons for a violation of a county, city or town parking ordinance is served in any county, city or town it may be executed by mailing by first-class mail a copy thereof to the address of the owner of the vehicle as shown on the records of the Department of Motor Vehicles. In addition, whenever a summons for a violation of a county, city or town trash ordinance punishable as a misdemeanor under § 15.2-901 is served in any county, city or town, it may be executed by mailing a copy by first-class mail to the person who occupies the subject premises. If the person fail to appear on the date of return set out in the summons mailed pursuant to this section, the summons shall be executed in the manner set out in § 19.2-76.3 of this Code.
No proceedings for contempt or arrest of a person summoned by mailing shall be instituted for his failure to appear on the return date of the summons.
1977, c. 233; 1978, c. 781; 1983, c. 254; 1984, c. 119.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 7 - Arrest › § 19.2-76.3. Failure to appear on return date for summons issued under § 19.2-76.2

A. If any person fails to appear on the date of the return contained in the summons issued in accordance with § 19.2-76.2, then a summons shall be delivered to the sheriff of the county, city, or town or to another authorized process server for service on that person as set out in § 8.01-296.
B. If such person then fails to appear on the date of return as contained in the summons so issued, a summons shall be executed in the manner set out in § 19.2-76.
C. No proceedings for contempt or arrest of any person summoned under the provisions of this section shall be instituted unless such person has been personally served with a summons and has failed to appear on the return date contained therein.
1983, c. 254; 1994, c. 642; 2016, cc. 242, 354.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 7 - Arrest › § 19.2-77. Escape, flight and pursuit; arrest anywhere in Commonwealth

Whenever a person in the custody of an officer shall escape or whenever a person shall flee from an officer attempting to arrest him, such officer, with or without a warrant, may pursue such person anywhere in the Commonwealth and, when actually in close pursuit, may arrest him wherever he is found. If the arrest is made in a county or city adjoining that from which the accused fled, or in any area of the Commonwealth within one mile of the boundary of the county or city from which he fled, the officer may forthwith return the accused before the proper official of the county or city from which he fled. If the arrest is made beyond the foregoing limits, the officer shall proceed according to the provisions of § 19.2-76, and if such arrest is made without a warrant, the officer shall procure a warrant from the magistrate serving the county or city wherein the arrest was made, charging the accused with the offense committed in the county or city from which he fled and any offense committed during the close pursuit in the county or city where such offense was committed.
Code 1950, § 19.1-94; 1960, c. 366; 1975, c. 495; 1992, c. 881; 2008, cc. 551, 691; 2022, c. 326.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 7 - Arrest › § 19.2-78. Uniform of officer making arrest

All officers whose duties are to make arrests acting under the authority of any law of this Commonwealth or any subdivision thereof, who shall make any arrest, search or seizure on any public road or highway of this Commonwealth shall be dressed at the time of making any such arrest, search or seizure in such uniform as he may customarily wear in the performance of his duties which will clearly show him to casual observation to be an officer.
Nothing in this section shall render unlawful any arrest, search or seizure by an officer who is not in such customary uniform.
Code 1950, §§ 19.1-95, 19.1-96; 1960, c. 366; 1975, c. 495.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 7 - Arrest › § 19.2-79. Arrest by officers of other states of United States

Any member of a duly organized state, county or municipal peace unit of another state of the United States who enters this Commonwealth in close pursuit, and continues within this Commonwealth in such close pursuit, of a person in order to arrest him on the ground that he has committed a felony in such other state shall have the same authority to arrest and hold in custody such person as members of a duly organized state, county or municipal peace unit of this Commonwealth have to arrest and hold in custody a person on the ground that he has committed a felony in this Commonwealth, if the state from which such person has fled extends similar privileges to any member of a duly organized state, county or municipal peace unit of this Commonwealth.
If an arrest is made in this Commonwealth by an officer of another state in accordance with the provisions of the first paragraph of this section, he shall without unnecessary delay take the person arrested before a judge of a general district court, or of the circuit court, of the county or city in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the judge determines that the arrest was lawful he shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the Governor. If the judge determines that the arrest was unlawful he shall discharge the person arrested.
The first paragraph of this section shall not be construed so as to make unlawful any arrest in this Commonwealth which would otherwise be lawful.
For the purpose of this section the word "State" shall include the District of Columbia.
Code 1950, § 19.1-97; 1960, c. 366; 1975, c. 495.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 7 - Arrest › § 19.2-80. Duty of arresting officer; bail

In any case in which an officer does not issue a summons pursuant to § 19.2-74 or § 46.2-936, a law-enforcement officer making an arrest under a warrant or capias shall bring the arrested person without unnecessary delay before a judicial officer. The judicial officer shall immediately conduct a bail hearing and either admit the accused to bail or commit him to jail. However, if (i) the accused is charged with a misdemeanor and is brought before a judge of the court having jurisdiction to try the case and (ii) both the accused and the Commonwealth consent, the judge may proceed to trial instead of conducting a bail hearing.
Code 1950, § 19.1-98; 1960, c. 366; 1975, c. 495; 1979, c. 679; 1986, c. 327; 1997, c. 10.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 7 - Arrest › § 19.2-80.1. When arrested person operating motor vehicle; how vehicle removed from scene of arrest

In any case in which a police officer arrests the operator of a motor vehicle and there is no legal cause for the retention of the motor vehicle by the officer, the officer shall allow the person arrested to designate another person who is present at the scene of the arrest and a licensed driver to drive the motor vehicle from the scene to a place designated by the person arrested. If such a designation is not made, the officer may cause the vehicle to be taken to the nearest appropriate place for safekeeping.
1981, c. 306.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 7 - Arrest › § 19.2-80.2. Duty of arresting officer; providing magistrate or court with criminal history information

In any case in which an officer proceeds under §§ 19.2-76, 19.2-80 and 19.2-82, such officer shall, to the extent possible, obtain and provide the magistrate or court with the arrested person's criminal history information prior to any proceeding under Article 1 (§ 19.2-119 et seq.) of Chapter 9 of this title. A pretrial services agency established pursuant to § 19.2-152.2 may, in lieu of the arresting officer, provide the criminal history to the magistrate or court.
1999, cc. 829, 846; 2007, c. 133.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 7 - Arrest › § 19.2-81.1. Arrest without warrant by correctional officers in certain cases

Any correctional officer, as defined in § 53.1-1, may arrest, in the same manner as provided in § 19.2-81, persons for crimes involving:
(a) The escape of an inmate from a correctional institution, as defined in § 53.1-1;
(b) Assisting an inmate to escape from a correctional institution, as defined in § 53.1-1;
(c) The delivery of contraband to an inmate in violation of § 18.2-474 or § 18.2-474.1; and
(d) Any other criminal offense which may contribute to the disruption of the safety, welfare, or security of the population of a correctional institution.
1976, c. 752.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 7 - Arrest › § 19.2-81.2. Power of correctional officers and designated noncustodial employees to detain

A. A correctional officer, as defined in § 53.1-1, who has completed the minimum training standards established by the Department of Criminal Justice Services, or other noncustodial employee of the Department of Corrections who has been designated to carry a weapon by the Director of the Department of Corrections pursuant to § 53.1-29 of the Code and who has completed the basic course in detention training as approved by the Department of Criminal Justice Services, may, while on duty in or on the grounds of a correctional institution, or with custody of prisoners without the confines of a correctional institution, detain any person whom he has reasonable suspicion to believe has committed a violation of §§ 18.2-473 through 18.2-475, or of aiding or abetting a prisoner in violating the provisions of § 53.1-203. Such detention shall be for the purpose of summoning a law-enforcement officer in order that the law-enforcement officer can arrest the person who is alleged to have violated any of the above sections.
B. Any employee of the Department of Corrections having the authority to detain any person pursuant to subsection A hereof shall not be held civilly liable for unlawful detention, slander, malicious prosecution, false imprisonment, false arrest, or assault and battery of the person so detained, whether such detention takes place within or without the grounds of a correctional institution, provided that, in causing the detention of such person, the employee had at the time of the detention reasonable suspicion to believe that the person committed a violation for which the detention was undertaken.
C. It is the purpose and intent of this section to ensure that the safety, stability, welfare and security of correctional institutions be preserved insofar as possible.
1976, c. 740; 1979, c. 642; 1984, cc. 720, 779.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 7 - Arrest › § 19.2-81.5. Cooperation with a law-enforcement officer

Upon receipt of a request and documentation of an indictment or issuance of a warrant from a law-enforcement agency, any public agency within the Commonwealth may disclose to the requesting law-enforcement agency from agency records, to the extent permitted by federal law, the address of an individual who has been indicted or for whom a warrant for arrest for a crime punishable by incarceration has been issued.
1998, c. 436.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 7 - Arrest › § 19.2-81.6. Authority of law-enforcement officers to arrest illegal aliens

All law-enforcement officers enumerated in § 19.2-81 shall have the authority to enforce immigration laws of the United States, pursuant to the provisions of this section. Any law-enforcement officer enumerated in § 19.2-81 may, in the course of acting upon reasonable suspicion that an individual has committed or is committing a crime, arrest the individual without a warrant upon receiving confirmation from the Bureau of Immigration and Customs Enforcement of the United States Department of Homeland Security that the individual (i) is an alien illegally present in the United States, and (ii) has previously been convicted of a felony in the United States and deported or left the United States after such conviction. Upon receiving such confirmation, the officer shall take the individual forthwith before a magistrate or other issuing authority and proceed pursuant to § 19.2-82.
2004, cc. 360, 412.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 7 - Arrest › § 19.2-82. Procedure upon arrest without warrant

A. A person arrested without a warrant shall be brought forthwith before a magistrate or other issuing authority having jurisdiction who shall proceed to examine the officer making the arrest under oath. If the magistrate or other issuing authority having jurisdiction has lawful probable cause upon which to believe that a criminal offense has been committed, and that the person arrested has committed such offense, he shall issue either a warrant under the provisions of § 19.2-72 or a summons under the provisions of § 19.2-73.
As used in this section the term "brought before a magistrate or other issuing authority having jurisdiction" shall include a personal appearance before such authority or any two-way electronic video and audio communication meeting the requirements of § 19.2-3.1, in order that the accused and the arresting officer may simultaneously see and speak to such magistrate or authority. If electronic means are used, any documents filed may be transmitted in accordance with § 19.2-3.1.
If a warrant is issued the case shall thereafter be disposed of under the provisions of §§ 19.2-183 through 19.2-190, if the issuing officer is a judge; under the provisions of §§ 19.2-119 through 19.2-134, if the issuing officer is a magistrate or other issuing officer having jurisdiction.
If such warrant or summons is not issued, the person so arrested shall be released.
B. A warrant may be issued pursuant to this section, where the person has been arrested in accordance with § 19.2-81.6, and the magistrate or other issuing authority examines the officer making the arrest under oath, and finds lawful probable cause to believe the arrested individual meets the conditions of clauses (i) and (ii) of § 19.2-81.6. If such warrant is issued, it shall recite § 19.2-81.6 and the applicable violation of federal criminal law previously confirmed with Immigration and Customs Enforcement. Upon the person being taken into federal custody, such state warrant shall be dismissed. Any warrant issued under this subsection shall expire within 72 hours, or when the person is taken into federal custody, whichever occurs first. Recurrent applications for a warrant under this subsection shall not be permitted within a six-month period except where confirmation has been received from Immigration and Customs Enforcement that the arrested person will be taken into federal custody.
Code 1950, § 19.1-100.1; 1968, c. 639; 1975, c. 495; 1981, c. 382; 1983, c. 564; 1984, c. 766; 1991, c. 41; 2002, c. 310; 2004, cc. 360, 412; 2009, c. 669.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 7 - Arrest › § 19.2-82.1. Giving false identity to law-enforcement officer; penalty

Any person who falsely identifies himself to a law-enforcement officer with the intent to deceive the law-enforcement officer as to his real identity after having been lawfully detained and after being requested to identify himself by a law-enforcement officer, is guilty of a Class 1 misdemeanor.
2006, c. 387.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 7 - Arrest › § 19.2-83.2. Jail officer to ascertain citizenship of inmate

Whenever any person is taken into custody at any jail for a felony offense, the sheriff or other officer in charge of such facility shall inquire as to whether the person (i) was born in a country other than the United States and (ii) is a citizen of a country other than the United States. The sheriff or other officer in charge of such facility shall make an immigration alien query to the Law Enforcement Support Center of the U.S. Immigration and Customs Enforcement for any person taken into custody for a felony who (i) was born in a country other than the United States and (ii) is a citizen of a country other than the United States, or for whom the answer to clause (i) or (ii) is unknown. The sheriff or other officer in charge shall communicate the results of any immigration alien query to the Local Inmate Data System of the State Compensation Board. The State Compensation Board shall communicate, on a monthly basis, the results of any immigration alien query that results in a confirmation that the person is illegally present in the United States to the Central Criminal Records Exchange of the Department of State Police in a format approved by the Exchange. The information received by the Central Criminal Records Exchange concerning the person's immigration status shall be recorded in the person's criminal history record.
2008, cc. 180, 415; 2020, cc. 995, 996.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 7.1 - Law-Enforcement Officer Conduct During an Arrest or Detention › § 19.2-83.3. Definitions

As used in this chapter, unless the context requires a different meaning:
"Deadly force" means any force that is likely or intended to cause serious bodily injury or death.
"Deadly weapon" means any object, other than a body part or stationary object, that in the manner of its actual, attempted, or threatened use is likely to cause serious bodily injury or death.
"Excessive force" means any force that is objectively unreasonable given the totality of the circumstances, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether the suspect is actively resisting arrest or attempting to evade arrest by flight.
"Kinetic impact munitions" includes impact rounds and baton rounds, such as rubber batons, bean bag rounds, foam baton rounds, and plastic, wax, wood, or rubber-coated projectiles.
"Neck restraint" means the use of any body part or object to attempt to control or disable a person by applying pressure against the neck, including the trachea or carotid artery, with the purpose, intent, or effect of controlling or restricting the person's movement or restricting the person's blood flow or breathing, including chokeholds, carotid restraints, and lateral vascular neck restraints.
2020, Sp. Sess. I, cc. 25, 35, 37, 55.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 7.1 - Law-Enforcement Officer Conduct During an Arrest or Detention › § 19.2-83.4. Prohibited practices for law-enforcement officers during an arrest or detention

A. The use of a neck restraint by a law-enforcement officer is prohibited unless the use of a neck restraint is immediately necessary to protect the law-enforcement officer or another person from death or serious bodily injury.
B. The willful discharge of a firearm by a law-enforcement officer into or at a moving vehicle is prohibited unless the discharge of a firearm is immediately necessary to protect the law-enforcement officer or another person from death or serious bodily injury.
C. The use of kinetic impact munitions by a law-enforcement officer is prohibited unless the use of kinetic impact munitions is necessary to protect the law-enforcement officer or another person from bodily injury.
2020, Sp. Sess. I, cc. 35, 37, 55.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 7.1 - Law-Enforcement Officer Conduct During an Arrest or Detention › § 19.2-83.5. Use of deadly force by a law-enforcement officer during an arrest or detention

A. A law-enforcement officer shall not use deadly force against a person unless:
1. The law-enforcement officer reasonably believes that deadly force is immediately necessary to protect the law-enforcement officer or another person, other than the subject of the use of deadly force, from the threat of serious bodily injury or death;
2. If feasible, the law-enforcement officer has provided a warning to the subject of the deadly force that he will use deadly force;
3. The law-enforcement officer's actions are reasonable, given the totality of the circumstances; and
4. All other options have been exhausted or do not reasonably lend themselves to the circumstances.
B. In determining if a law-enforcement officer's use of deadly force is proper, the following factors shall be considered:
1. The reasonableness of the law-enforcement officer's belief and actions from the perspective of a reasonable law-enforcement officer on the scene at the time of the incident; and
2. The totality of the circumstances, including (i) the amount of time available to the law-enforcement officer to make a decision; (ii) whether the subject of the use of deadly force (a) possessed or appeared to possess a deadly weapon and (b) refused to comply with the law-enforcement officer's lawful order to surrender an object believed to be a deadly weapon prior to the law-enforcement officer using deadly force; (iii) whether the law-enforcement officer engaged in de-escalation measures prior to the use of deadly force, including taking cover, waiting for backup, trying to calm the subject prior to the use of force, or using non-deadly force prior to the use of deadly force; (iv) whether any conduct by the law-enforcement officer prior to the use of deadly force intentionally increased the risk of a confrontation resulting in deadly force being used; and (v) the seriousness of the suspected crime.
2020, Sp. Sess. I, c. 37.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 7.1 - Law-Enforcement Officer Conduct During an Arrest or Detention › § 19.2-83.6. Failure of a law-enforcement officer to intervene in use of excessive force

A. Any law-enforcement officer who, while in the performance of his official duties, witnesses another law-enforcement officer engaging or attempting to engage in the use of excessive force against another person shall intervene, when such intervention is feasible, to end the use of excessive force or attempted use of excessive force, or to prevent the further use of excessive force. A law-enforcement officer shall also render aid, as circumstances reasonably permit, to any person injured as the result of the use of excessive force.
B. Any law-enforcement officer who intervenes pursuant to subsection A or who witnesses another law-enforcement officer engaging or attempting to engage in the use of excessive force against another person shall report such intervention or use of excessive force in accordance with the law-enforcement officer's employing agency's policies and procedures for reporting misconduct committed by a law-enforcement officer. No employing agency shall retaliate, threaten to retaliate, or take or threaten to take any disciplinary action against a law-enforcement officer who intervenes pursuant to subsection A or makes a report pursuant to this subsection.
2020, Sp. Sess. I, cc. 25, 37.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 7.1 - Law-Enforcement Officer Conduct During an Arrest or Detention › § 19.2-83.7. Penalties for violations of this chapter

In addition to any other penalty authorized by law, any law-enforcement officer who knowingly violates the provisions of this chapter shall be subject to disciplinary action, including dismissal, demotion, suspension, or transfer of the law-enforcement officer or decertification as provided in subsection D of § 15.2-1707.
2020, Sp. Sess. I, cc. 25, 35, 37, 55.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 8 - Extradition of Criminals › § 19.2-84. Governor to surrender on requisition of President

The Governor shall whenever required by the executive authority of the United States, pursuant to the Constitution and laws thereof, deliver over to justice any person found within the Commonwealth, who is charged with having committed any crime without the jurisdiction of the United States.
Code 1950, § 19.1-47; 1960, c. 366; 1975, c. 495.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 8 - Extradition of Criminals › § 19.2-85. Definitions

When appearing in this chapter:
(1) The term "Governor" includes any person performing the functions of Governor by authority of the law of this Commonwealth;
(2) The term "executive authority" includes the Governor, and any person performing the functions of Governor in a state other than this Commonwealth;
(3) The term "State," referring to a state other than this Commonwealth, includes any other state or territory, organized or unorganized, of the United States of America, and the District of Columbia; and
(4) The term "judge" means a judge of a court of record having criminal jurisdiction.
Code 1950, § 19.1-49; 1960, c. 366; 1975, c. 495.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 8 - Extradition of Criminals › § 19.2-86. Fugitives from justice; duty of Governor

Subject to the provisions of this chapter, the provisions of the Constitution of the United States controlling, and any and all acts of Congress enacted in pursuance thereof, the Governor shall have arrested and delivered up to the executive authority of any other of the United States any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in this Commonwealth.
Code 1950, § 19.1-50; 1960, c. 366; 1975, c. 495.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 8 - Extradition of Criminals › § 19.2-87. Form of demand

No demand for the extradition of a person charged with, or convicted of, crime in another state shall be recognized by the Governor unless in writing alleging, except in cases arising under § 19.2-91, that the accused was present in the demanding state at the time of the commission of the alleged crime and that thereafter he fled from such state, and accompanied: (1) by a copy of an indictment found, (2) by a copy or an information supported by an affidavit filed in the state having jurisdiction of the crime, (3) by a copy of an affidavit made before a magistrate in such state together with a copy of any warrant which was issued thereupon, or (4) by a copy of a judgment of conviction or of a sentence imposed in execution thereof together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of his bail, probation or parole. The indictment, information or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state; and the copy of the indictment, information, affidavit, judgment of conviction or sentence must be authenticated by the executive authority making the demand.
Code 1950, § 19.1-51; 1960, c. 366; 1975, c. 495.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 8 - Extradition of Criminals › § 19.2-88. Governor may investigate case

When a demand shall be made upon the Governor by the executive authority of another state for the surrender of a person so charged with, or convicted of, crime, the Governor may call upon the Attorney General or any other officer of this Commonwealth to investigate or assist in investigating the demand and to report to him the situation and circumstances of the person so demanded and whether he ought to be surrendered.
Code 1950, § 19.1-52; 1960, c. 366; 1975, c. 495.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 8 - Extradition of Criminals › § 19.2-89. Extradition of persons imprisoned or awaiting trial in another state

When it is desired to have returned to this Commonwealth a person charged in this Commonwealth with a crime and such person is imprisoned or is held under criminal proceedings then pending against him in another state, the Governor may agree with the executive authority of such other state for the extradition of such person before the conclusion of such proceedings or his term of sentence in such other state, upon condition that such person be returned to such other state at the expense of this Commonwealth as soon as the prosecution in this Commonwealth is terminated.
Code 1950, § 19.1-53; 1960, c. 366; 1975, c. 495.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 8 - Extradition of Criminals › § 19.2-90. Extradition of persons who have left demanding state involuntarily

The Governor may also surrender on demand of the executive authority of any other state any person in this Commonwealth who is charged in the manner provided in §§ 19.2-109 to 19.2-111, with having violated the laws of the state whose executive authority is making the demand, even though such person left the demanding state involuntarily.
Code 1950, § 19.1-54; 1960, c. 366; 1975, c. 495.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 8 - Extradition of Criminals › § 19.2-91. Extradition of persons not in demanding state at time of commission of crime

The Governor may also surrender, on demand of the executive authority of any other state, any person in this Commonwealth charged in such other state in the manner provided in § 19.2-87 with committing an act in this Commonwealth, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand. The provisions of this chapter not otherwise inconsistent shall apply to such cases, even though the accused was not in that state at the time of the commission of the crime, and has not fled therefrom.
Code 1950, § 19.1-55; 1960, c. 366; 1975, c. 495.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 8 - Extradition of Criminals › § 19.2-92. Issuance of Governor's warrant of arrest; its recitals

If the Governor decides that a demand for the extradition of a person, charged with, or convicted of, crime in another state should be complied with, he shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to the sheriff or sergeant of any county or city or to any peace officer or other person whom he may think fit to entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issuance. Any electronically transmitted facsimile of a Governor's warrant shall be treated as an original document, provided the original is received within four working days of receipt of the facsimile.
Code 1950, § 19.1-56; 1960, c. 366; 1975, c. 495; 2001, cc. 214, 226; 2011, c. 59.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 8 - Extradition of Criminals › § 19.2-93. Manner and place of execution of warrant

Such warrant shall authorize the officer or other person to whom it is directed to arrest the accused at any time and at any place where he may be found within the Commonwealth and to command the aid of all peace officers or other persons in the execution of the warrant and to deliver the accused, subject to the provisions of this chapter, to the duly authorized agent of the demanding state.
Code 1950, § 19.1-57; 1960, c. 366; 1975, c. 495.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 8 - Extradition of Criminals › § 19.2-94. Assistance to arresting officer

Every officer or other person empowered to make the arrest, as provided in the preceding section, shall have the same authority, in arresting the accused, to command assistance therein as the sheriffs and sergeants of the several counties and cities of this Commonwealth have by law in the execution of any criminal process directed to them, with like penalties against those who refuse to render their assistance.
Code 1950, § 19.1-58; 1960, c. 366; 1975, c. 495.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 8 - Extradition of Criminals › § 19.2-95. Rights of accused persons; application for writ of habeas corpus

No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive him unless he shall first be taken forthwith before a judge of a circuit or general district court in the Commonwealth, who shall inform him of the demand made for his surrender and of the crime with which he is charged, and that he has the right to demand and procure legal counsel; and if the prisoner or his counsel shall state that he or they desire to test the legality of his arrest, the judge shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof and of the time and place of hearing thereon shall be given to the attorney for the Commonwealth of the county or city in which the arrest is made and in which the accused is in custody, and to the agent of the demanding state.
Code 1950, § 19.1-59; 1960, c. 366; 1975, c. 495; 2005, c. 839.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 8 - Extradition of Criminals › § 19.2-96. Penalty for noncompliance with preceding section

Any officer who shall deliver to the agent for extradition of the demanding state a person in his custody under the Governor's warrant in willful disobedience to the last preceding section shall be guilty of a Class 1 misdemeanor.
Code 1950, § 19.1-60; 1960, c. 366; 1975, c. 495.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 8 - Extradition of Criminals › § 19.2-97. Confinement in jail when necessary

The officer or persons executing the Governor's warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered, may, when necessary, confine the prisoner in the jail of any county or city through which he may pass; and the keeper of such jail shall receive and safely keep the prisoner until the officer or person having charge of him is ready to proceed on his route, such officer or person being chargeable with the expense of keeping.
Code 1950, § 19.1-61; 1960, c. 366; 1975, c. 495.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 8 - Extradition of Criminals › § 19.2-98. Same; for prisoners being taken through Commonwealth

The officer or agent of a demanding state to whom a prisoner may have been delivered following extradition proceedings in another state or to whom a prisoner may have been delivered after waiving extradition in such other state, and who is passing through this Commonwealth with such prisoner for the purpose of returning immediately such prisoner to the demanding state may, when necessary, confine the prisoner in the jail of any county or city through which he may pass; and the keeper of such jail shall receive and safely keep the prisoner until the officer or agent having charge of him is ready to proceed on his route, such officer or agent, however, being chargeable with the expense of keeping, provided, however, that such officer or agent shall deliver to the jailer the warrant or legal order authorizing custody of the prisoner. Such prisoner shall not be entitled to demand a new requisition while in this Commonwealth.
Code 1950, § 19.1-62; 1960, c. 366; 1975, c. 495.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 8 - Extradition of Criminals › § 19.2-99. Arrest prior to requisition

Whenever: (1) any person within this Commonwealth shall be charged on the oath of any credible person before any judge, magistrate or other officer authorized to issue criminal warrants in this Commonwealth with the commission of any crime in any other state and, except in cases arising under § 19.2-91, (a) with having fled from justice, (b) with having been convicted of a crime in that state and of having escaped from confinement, or (c) of having broken the terms of his bail, probation, or parole, or (2) complaint shall have been made before any such judge, magistrate or other officer in this Commonwealth setting forth on the affidavit of any credible person in another state that a crime has been committed in such other state and that the accused has been charged in such state with the commission of the crime, and, except in cases arising under § 19.2-91, (a) has fled from justice, (b) having been convicted of a crime in that state has escaped from confinement, or (c) broken the terms of his bail, probation or parole, and that the accused is believed to be in this Commonwealth, such judge, magistrate or other officer shall issue a warrant directed to any sheriff or to any peace officer commanding him to apprehend the person named therein, wherever he may be found in this Commonwealth, and to bring him before any judge who may be available in or convenient of access to the place where the arrest may be made, to answer the charge of complaint and affidavit. A certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.
Code 1950, § 19.1-63; 1960, c. 366; 1975, c. 495.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 8 - Extradition of Criminals › § 19.2-100. Arrest without warrant

The arrest of a person may be lawfully made also by any peace officer or private person without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by imprisonment for a term exceeding one year. But when so arrested the accused shall be taken before a judge, magistrate or other officer authorized to issue criminal warrants in the Commonwealth with all practicable speed and complaint made against him under oath setting forth the ground for the arrest as in § 19.2-99, and thereafter his answer shall be heard as if he had been arrested on a warrant.
Code 1950, § 19.1-64; 1960, c. 366; 1975, c. 495; 2021, Sp. Sess. I, cc. 344, 345.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 8 - Extradition of Criminals › § 19.2-101. Confinement to await requisition; bail

If from the examination before the judge it appears that the person held pursuant to either of the two preceding sections is the person charged with having committed the crime alleged and, except in cases arising under § 19.2-91, that he has fled from justice, the judge shall, by a warrant reciting the accusation, commit him to jail for such a time, not exceeding thirty days, specified in the warrant as will enable the arrest of the accused to be made under a warrant of the Governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused give bail as provided in the next section, or until he shall be legally discharged.
Code 1950, § 19.1-65; 1960, c. 366; 1975, c. 495.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 8 - Extradition of Criminals › § 19.2-102. In what cases bail allowed; conditions of bond

Unless the offense with which the prisoner is charged is shown to be an offense punishable by life imprisonment under the laws of the state in which it was committed, any judge, magistrate or other person authorized by law to admit persons to bail in the Commonwealth may admit the person arrested to bail by bond, with sufficient sureties, and in such sum as he deems proper, conditioned upon his appearance before a judge at a time specified in such bond and upon his surrender for arrest upon the warrant of the Governor of the Commonwealth.
Code 1950, § 19.1-66; 1960, c. 366; 1975, c. 495; 2021, Sp. Sess. I, cc. 344, 345.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 8 - Extradition of Criminals › § 19.2-103. Discharge, recommitment or renewal of bail

If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant or bond, any judge in this Commonwealth may discharge him or may recommit him for a further period not to exceed sixty days, or such judge may again take bail for his appearance and surrender, as provided in the preceding section, but within a period not to exceed sixty days after the date of such new bond.
Code 1950, § 19.1-67; 1960, c. 366; 1975, c. 495.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 8 - Extradition of Criminals › § 19.2-104. Forfeiture of bail

If the prisoner is admitted to bail and fails to appear and surrender himself according to the conditions of his bond, any judge of a circuit or general district court by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he be within this Commonwealth. Recovery may be had on such bond in the name of the Commonwealth as in the case of other bonds given by the accused in criminal proceedings within this Commonwealth.
Code 1950, § 19.1-68; 1960, c. 366; 1975, c. 495.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 8 - Extradition of Criminals › § 19.2-105. Persons under criminal prosecution in this Commonwealth at time of requisition

If a criminal prosecution has been instituted against such person under the laws of this Commonwealth and is still pending, the Governor, in his discretion, either may surrender him on demand of the executive authority of another state or hold him until he has been tried and discharged or convicted and punished in this Commonwealth.
Code 1950, § 19.1-69; 1960, c. 366; 1975, c. 495.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 8 - Extradition of Criminals › § 19.2-106. When guilt or innocence of accused inquired into

The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the Governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as above provided shall have been presented to the Governor, except as it may be involved in identifying the person held as the person charged with the crime.
Code 1950, § 19.1-70; 1960, c. 366; 1975, c. 495.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 8 - Extradition of Criminals › § 19.2-108. Fugitives from this Commonwealth; duty of Governor

Whenever the Governor shall demand a person charged with crime or with escaping from confinement or breaking the terms of his bail, probation or parole in this Commonwealth, from the executive authority of any other state, or from the chief justice or an associate justice of the Supreme Court of the District of Columbia authorized to receive such demand under the laws of the United States, he shall issue a warrant under the seal of this Commonwealth to some agent commanding him to receive the person so charged if delivered to him and convey him to the proper officer of the county or city in this Commonwealth in which the offense was committed. Nothing herein shall prevent the sheriff or police chief of a county or city who has been directed to execute such warrant from authorizing a private prisoner transportation company meeting the minimum qualifications set by the Department of Criminal Justice Services to receive and return the person to the Commonwealth.
Code 1950, § 19.1-72; 1960, c. 366; 1975, c. 495; 2009, c. 848.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 8 - Extradition of Criminals › § 19.2-109. Application for requisition for return of person charged with crime

When the return to this Commonwealth of a person charged with crime in this Commonwealth is required, the attorney for the Commonwealth shall present to the Governor his written application for a requisition for the return of the person charged, in which application shall be stated the name of the person so charged, the crime charged against him, the approximate time, place and circumstances of its commission, the state in which he is believed to be, including the location of the accused therein at the time the application is made, and certifying that, in the opinion of the attorney for the Commonwealth, the ends of justice require the arrest and return of the accused to this Commonwealth for trial and that the proceeding is not instituted to enforce a private claim.
Code 1950, § 19.1-73; 1960, c. 366; 1975, c. 495.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 8 - Extradition of Criminals › § 19.2-110. Application for requisition for return of escaped convict, etc.

When the return to this Commonwealth is required of a person who has been convicted of a crime in this Commonwealth and has escaped from confinement or broken the terms of his bail, probation or parole, the attorney for the Commonwealth, of the county or city in which the offense was committed, or the warden of the institution or sheriff of the county or city from which the escape was made, shall present to the Governor a written application for a requisition for the return of such person, in which application shall be stated the name of the person, the crime of which he was convicted, the circumstances of his escape from confinement or of the breach of the terms of his bail, probation or parole and the state in which he is believed to be, including the location of the person therein at the time application is made.
Code 1950, § 19.1-74; 1960, c. 366; 1975, c. 495.