Summons; promise to appear after issuance.
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SB 98 — Summons; promise to appear after issuance.
Last action — Left in Courts of Justice
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House of Delegates
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5To Executive
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6Enacted
This bill died with 2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Promise to appear after the issuance of a summons. Provides that if any person refuses to give a written promise to appear, the arresting officer shall give such person notice of the time and place of the hearing, note such person's refusal to give his written promise to appear on the summons, and forthwith release him from custody. Under current law, any person refusing to give such written promise to appear is required to be taken immediately by the arresting officer before a magistrate or other issuing officer having jurisdiction.
Bill Text
What changed in the latest version
248 added · 208 removedPlain-language change summary
The amendment to SB 98 adds specific language regarding a Memorandum of Understanding (MOU), which outlines the roles and responsibilities of agencies involved in investigations overseen by the State Inspector General. It details that this MOU will be approved by the Governor's chief of staff and emphasizes the need for periodic reviews every four years or at the request of either agency. This change clarifies the collaborative framework between agencies and ensures oversight in maintaining operational effectiveness.
SESSION INTRODUCEDSENATE 22100053DSUBSTITUTE I22106308D SENATE BILL NO.
98 OfferedAMENDMENT JanuaryIN 12,THE 2022NATURE NOF PrefiledA JanuarySUBSTITUTE 6,(Proposed 2022by Tthe Senate Committee on the Judiciary on February 9, 2022) (Patron Prior to Substitute––Senator Hanger) A B54.1-4407BILL to amend and reenact §§ 2.2-311, 19.2-74, 19.2-128, 28.2-901, 29.1-210, 54.1-306, 54.1-2506, summons.-4407 of the Code of Virginia, relating to promise to appear after the issuance of a sumRons.Be it enacted by the General Assembly of Virginia:
––––––––––1. Patron––Hanger O –––––––––– D Referred to Committee on the Judiciary –––––––––– U Be it enacted by the General Assembly of Virginia:
CThat 1.§§ 2.2-311, 19.2-74, 19.2-128, 28.2-901, 29.1-210, 54.1-306, 54.1-2506, and 54.1-4407 of the Code of Virginia are amended and reenacted as follows:
That§ §§ 2.2-311, 19.2-74, 28.2-901, 29.1-210, 54.1-306, 54.1-2506, and 54.1-4407 of the Code of Vir§ 2.2-311.
police power of thetheA. Office of State Inspector General;
training.The State Inspector General may designate himself and no more than 30 members of the S investigations unit of the Office to have the same powers as a sheriff or a law-enforcement officer in the investigation of allegations of criminal behavior affecting the operations of a state agency or nonstate agency pursuant to his duties as set forth in this chapter.
D A.
The State Inspector General may designate himself and no more than 30 members of the investigations unit of the Office to have the same powers as a sheriff or a law-enforcement officer in the investigation of allegations of criminal behavior affecting the operations of a state agency or nonstate agency pursuant to his duties as set forth in this chapter.
Memorandum of Understanding setting forth the respective roles and responsibilities of their agencies, including but not limited to the categories of investigations that will be overseen by each agencyageTcy and how to avoid redundancy or operation conflicts.
The Memorandum of Understanding will be approved by the Governor's chief of staff and will be reviewed periodically at the request of either agency,ageEcy, but not less than every four years, and revised as agreed to by the agencies and endorsed by the Governor's chief of staff.
B.authority to issue summonses for violations of the statutes that the State Inspector General is required to enforce.
TheIn Statethe Inspectorevent Generalthat ora investigatorsperson asissued maysuch bea designatedsummons byfails himor alsorefuses shall have the authority to issuediscontinue summonses for violations of the statutesunlawful that the State Inspector General is required to acts or refuses to give a written promise to appear at the time and place specified in the summons,summUns, the investigator may appear before a magistrate or other issuing authority having jurisdiction to obtainoBtain a criminal warrant pursuant to § 19.2-72.
If any person refuses to give a written promise to appear for a summons issued under the provisions of this section, the State Inspector General or an investigator 35 designated by him shall give such person notice of the time and place of the hearing, note such person's 36 refusal to give his written promise to appear on the summons, and forthwith release him from custody.
36 Any person who willfully violates his written promise to appear or fails to appear at the time and 37 C.place specified in such summons or notice issued in accordance with this subsection shall be treated in 38 accordance with the provisions of § 19.2-128, regardless of the disposition of, and in additionTto, the 39 charge upon which he was originally arrested.
AllU investigators appointed by the State Inspector General are vested with the authority to 38 administer oaths or affirmations for the purpose of receiving complaints and conducting investigations of investigatorsviolations areof vested with the authoritystatutes to obtain, serve, and executeregulations anythat warrant, paper, or process issued by any court or magistrate or under the authority of the State Inspector General,General andis requestrequired andto receiveenforce. criminal history information under the provisions of § 19.2-389.
Such investigators are vested with the authority to obtain, serve, and execute any warrant, paper, oE process issued by any court or magistrate or under the authority of the State Inspector General, and request and receive criminal history information under the provisions of § 19.2-74.19.2-389.
Issuance and service of summons inby placespecial conservators of warrantthe inpeace. misdemeanor case;
issuanceplace of summonswarrant byin specialmisdemeanor conservatorscase; of the peace.
issuance A.
Whenever any person is detained by or is in the custody of an arresting officer for any violation committed in such officer'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 offensesmisdemeanor listedfor inwhich subsectionhe Dmay ofreceive §a 19.2-81,jail orsentence, anexcept arrestas onotherwise aprovided warrantin chargingTitle an46.S, offenseor for whichoffenses arlisted summonsin maysubsection beD issued,of and§ when19.2-81, specificallyor authorizedan byarrest theon judiciala officerwarrant issuingcharging thean warrant,offense thefor9which a arresting officer shall take the name and address of such person and issue a summons or otherwiseotherwisent, the notify him in writing to appear at a time and place to be specified in such summons or notice.
Anything in this section to the contrary notwithstanding, if any person is believed by the arresting SB98S1 2 of 5 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 SB98 2 of 4 other person, a magistrate or other issuing authority having jurisdiction shall proceed according to the provisions of § 19.2-82.
§ 19.2-128.
Penalties for failure to appear.
A.
Whoever, having been released pursuant to this chapter or § 19.2-319 or on a summons pursuant to § 2.2-311, 19.2-73, or § 19.2-74, willfully fails to appear before any court or judicial officer as required, shall, after notice to all interested parties, incur a forfeiture of any security which may have been given or pledged for his release, unless one of the parties can show good cause for excusing the absence, or unless the court, in its sound discretion, shall determine that neither the interests of justice nor the power of the court to conduct orderly proceedings will be served by such forfeiture.
B.
Any person (i) charged with a felony offense or (ii) convicted of a felony offense and execution of sentence is suspended pursuant to § 19.2-319 who willfully fails to appear before any court as required shall be guilty of a Class 6 felony.
C.
Any person (i) charged with a misdemeanor offense or (ii) convicted of a misdemeanor offense and execution of sentence is suspended pursuant to § 19.2-319 who willfully fails to appear before any court as required shall be guilty of a Class 1 misdemeanor.
If the arresting officer (i) believes a detained person is likely to disregard a summons issued under the provisions of this section or (ii) reasonably believes a detained person is likely to harm himself or another,of or5 if the person refuses to give his written promise to appear, the officer may take the offender, vessel, and property into custody.
The person shall be brought before the nearest or most accessibleaccessiblefender, judicial officer or other person qualified to admit bail having jurisdiction.
The failure of any person to appear as required by a summons or notice issued under the provisions of this section shall suspend all licenses issued to the person pursuant to this subtitle until such time as he appears to answer the charges against him.
Failure to appear shall bar the issuance of anyany§ further29.1-210. license to the person until he appears.
§ 29.1-210.
or the arresting officer may issue a summons requiring the person to appear for trial at a time and place specified therein before a court having jurisdiction to try such offenses if the person gives his written promisedate toof appeararrest atunless the specifiedperson time.requests an earlier hearing.
Such time shall not, however, be less than five days from the dateAny ofperson arrestrefusing unlessto give the personwritten requestspromise anto earlierappear hearing.shall be taken immediately by the arresting or other police officer before the nearest or most accessible judicial officer.
AnyIf any person refusingrefuses to give thesuch written promise to appear under the provisions of this section, the arresting officer shall begive takensuch immediatelyperson bynotice of the time and place of 4the arrestinghearing, note such person's refusal to give his wriAny person who willfully violates his written promise to appear, given or otherfails policeto officerappear beforeatNthe thetime nearestand place specified in such summons or mostnotice accessibleissued judicialin officer.accordance with this section, shall be is guilty of a Class 2 misdemeanor.
IfA any§ person54.1-306. refuses to give such written promise to appear under the provisions of this section, the arrestIng officer shall give such person notice of the time and place of the hearing, note such person's refusal No give his wriAny person who willfully violates his written promise to appear, given or fails to appear at the time and place specified in such summons or notice issued in accordance with this section, shall be is guilty of a Class 2 misdemeanor.
R § 54.1-306.
Show all 60 changed lines (20 more)
OT A.regulations pertaining to the Department, the regulatory boards within Subtitle II (§ 54.1-200 et seq.) of this title, and any of the programs which may be in another title of this Code for which any regulatory board within Subtitle II has enforcement responsibility.
The Director or investigators appointed by him shall be sworn to enforce the statutes andD regulations pertaining to the Department, the regulatory boards within Subtitle II (§ 54.1-200 et seq.) of board within Subtitle II has enforcement responsibility.
The Director or investigators appointed by him shall also have the authoriEyauthoriSy to issue summonses for violations of the statutes and regulations governing the unlicensed practice of professions regulated by the Department.
In the event that a person issued such a summons fails or refuses totofessions discontinue the unlawful acts or refuses to give a written promise to appear at the time and place specified in the summons, the investigator may appear before a magistrate or other issuing authority investigatorshaving ofjurisdiction theto Department'sobtain Criminala Investigationscriminal sectionwarrant shallpursuant beto statewide§ conservators19.2-72. of the peace while engaged in the performance of their official duties.
IfIn anyaddition, personsworn refusescrimSnal toinvestigators giveof athe writtenDepartment's Criminal Investigations section shall be statewide conservators of the promise to appear for a summons issued under the provisions of this section, the investigator shall give such person notice of the time and place of the hearing, note such person's refusal to give his written promise to appear on the summons, and forthwith release him from custody.
ST B.The failure of any person to appear as required by a summons or notice issued under the provisions of this section shall suspend all licenses issued to the person pursuant to this subtitle until such time as license to the person until he appears.t him.
AllFailure investigators appointed by the Director are vested with the authority to administerappear o9thsshall orbar affirmations for the purposeissuance of receiving complaints and conducting investigations of violation8 of this any investigationfTrther conductedB. on behalf of any regulatory board within this subtitle or a program which with may be located in another title in this Code.
SuchAll investigators appointed by the Director are vested with the authority to obtain,administer oEths or affirmations for the purpose of receiving complaints and conducting investigations of violations of this subtitle, or any regulation promulgated pursuant to authority given by this subtitle or in connection with any investigation conducted on behalf of any regulatory board within this subtitle or a program which serve and execute any warrant, paper or process issued by any court or magistrate or any regulatoryregulatorybtain, board under the authority of the Director and request and receive criminal history information under the provisions of § 19.2-389.
Any regulatory board within the Department of Professional and Occupational Regulation maymaS adopt a resolution delegating to the sworn investigators appointed by the Director pursuant to 9 delegation of inspection authority, an investigator may initiate an investigation based on any act, omission, or condition witnessed by the investigator and offer a consent agreement to the regulant to resolve any violation discovered during the inspection, subject to the provisions of subsection B of § 54.1-202.
authority of SB98S1 4 of 5 investigative personnel and Director.
andA. regulations pertaining to the Department, the Board, and the health regulatory boards and shall have the authority to investigate any violations of those statutes and regulations and to the extent otherwise authorized by law inspect any office or facility operated, owned or employing individuals regulated by any health regulatory board.
The Director and investigative personnel appointed by him shall be sworn to enforce the statutes and regulations pertaining to the Department, the Board, and the health regulatory boards and shall have the authority to investigate any violations of those statutes and regulations and to the extent otherwise authorized by law inspect any office or facility operated, owned or employing individuals regulated by any health regulatory board.
A subpoena issued pursuant to this section may be served by (i) any person authorized to serve process under § 8.01-293, (ii) investigative personnel appointed by the Director, (iii) registered or certified mail or by equivalent commercial parcel delivery service, or (iv) email or facsimile if requested to do so by the or by recipient.
All investigative personnel shall be vested with the authority to (i) administer oaths or affirmations for the purpose of receiving complaints of violations of this subtitle, (ii) serve and execute any warrant, paper or process issued by any court or magistrate, the Board, the Director or in his absence a designated subordinate, or by any regulatory board under the authority of the Director, (iii) SB98 4 of 4 request and receive criminal history information under the provisions of § 19.2-389, and (iv) request and receive social security numbers from practitioners or federal employee identification numbers from facilities.
The failure of any person to appear as required by a summons or notice issued under the provisions of this section shall suspend all licenses issued to the person pursuant to this subtitle until such time as he appears to answer the charges against him.
Failure to appear shall bar the issuance of any further license to the person until he appears.
The failure of any person to appear as required by a summons or notice issued under the provisions of this section shall suspend all licenses issued to the person pursuant to this subtitle until such time as he appears to answer the charges against him.
Failure to appear shall bar the issuance of any further license to the person until he appears.
The Executive Director and the investigators are vested with the authority to (a) obtain, serve, and execute any warrant, paper, or process issued by any court or magistrate or by the Board under the authority of the Executive Director and (b) request and receive criminal history information under the provisions of §of 5 24§ 19.2-389.
S E N A T E S U S T I U T E 1
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View plain text versions (2)
- Committee Substitute Committee substitute printed 22106308D-S1 Current pdf February 09, 2022
- Prefiled Prefiled and ordered printed; offered 01/12/22 22100053D pdf January 06, 2022
Action History
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Left in Courts of Justice
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Subcommittee recommends passing by indefinitely (5-Y 3-N)
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Assigned Courts sub: Subcommittee #1
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Referred to Committee for Courts of Justice
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Read first time
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Placed on Calendar
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Impact statement from DPB (SB98S1)
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Passed Senate (40-Y 0-N)
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Constitutional reading dispensed (40-Y 0-N)
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Engrossed by Senate - committee substitute SB98S1
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Committee substitute agreed to 22106308D-S1
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Reading of substitute waived
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Read second time
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Constitutional reading dispensed (40-Y 0-N)
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Committee substitute printed 22106308D-S1
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Reported from Judiciary with substitute (13-Y 0-N)
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Senate committee, floor amendments and substitutes offered
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Referred to Committee on the Judiciary
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Prefiled and ordered printed; offered 01/12/22 22100053D
Sponsors
- Hanger, Emmett W., Jr. · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on · 3 voted No
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (147)
147 members have not signed on to this bill.
Show all 147 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 3 | 0 | 0 |
| Total | 5 | 3 | 0 | 0 |
| % of votes cast | 63% | 38% | 0% | 0% |
How each member voted (8)
| Member | Party | Vote |
|---|---|---|
| Adams, Les R. | — | Yea |
| Bell, Robert B. | — | Yea |
| Campbell, Ronnie R. | — | Yea |
| Charniele L. Herring | — | Nay |
| Karrie K. Delaney | — | Nay |
| Ransone, Margaret B. | — | Yea |
| Vivian E. Watts | — | Nay |
| Wren M. Williams | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 13 | 0 | 0 | 0 |
| Total | 13 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (13)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Morrissey, Joseph D. | — | Yea |
| Edwards, John S. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| L. Louise Lucas | — | Yea |
| Mark J. Peake | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Yea |
| Ryan T. McDougle | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Scott A. Surovell | — | Yea |
| William M. Stanley, Jr. | — | Yea |
Subjects
Frequently asked questions
- What does SB 98 do?
- Promise to appear after the issuance of a summons. Provides that if any person refuses to give a written promise to appear, the arresting officer shall give such person notice of the time and place of the hearing, note such person's refusal to give his written promise to appear on the summons, and forthwith release him from custody. Under current law, any person refusing to give such written promise to appear is required to be taken immediately by the arresting officer before a magistrate or other issuing officer having jurisdiction.
- Who sponsors SB 98?
- SB 98 is sponsored by Hanger, Emmett W., Jr..
- What is the current status of SB 98?
- This bill died with 2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 98?
- Track SB 98 free on One Click Politics — get push/email alerts when it moves.
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