Chap. 409.—An ACT to provide that certain desk sergeants of the City of Danville
shall have power to admit persons to bail; to prescribe the amount of bail fee
and provide that all such fees be paid into the city treasury; to require certain
records to be kept by such sergeants ; to require them to secure certain informa-
tion from professional bondsmen; to prescribe penalties for false information
or for refusal to give information; to authorize such sergeants to issue processes
of arrest and search warrants; to provide for penalties and punishment for
issuing a search warrant without the affidavit required by law; and to repeal
Chapter 108 of the Acts of the General Assembly of nineteen hundred and
twenty-six, approved March sixth, nineteen hundred and twenty-six, relating
to a bail commissioner for said city. [H B 537]

Approved April 4, 1942

1. Be it enacted by the General Assembly of Virginia, as follows:

Section 1. Any duly qualified or acting desk sergeant of the Police
Department of the City of Danville while on duty in his office shall have
the same powers to admit to bail as the Corporation Court of Danville or
the judge thereof would have if application had been made to said court
or judge thereof in vacation; but no application for bail may be made to
said desk sergeant after said court or judge thereof in vacation has acted
upon the application for bail or pending proceedings before said court or
judge thereof in vacation to obtain bail. If the desk sergeant shall refuse to
admit to bail or require excessive bail then application may be made to
said court or judge thereof in vacation and the same proceedings may be
had as if application had been made in the first instance to said court or
judge thereof in vacation. At any time of the day or night when applica-
tion for bail is made to the desk sergeant on duty, he shall at once order
the person held for trial brought before him and upon motion shall hear
testimony and admit him to bail or remand him to jail. The fee for ad-
mitting any person to bail, including the taking of the necessary bond,
which is to be collected at the time of admitting the person to bail, shall
be two ($2.00) dollars. All bail fees collected shall be paid into the trea-
sury of the City of Danville. The desk sergeant shall keep an accurate rec-
ord of each application for bail, the disposition made thereof and the fee
collected, such record to be kept in typewritten form and indexed proper-
ly ; such records shall also show whether the person charged for a criminal
offense entered into a recognizance with surety, gave his personal recog-
nizance and deposit or caused to be deposited for him in cash the amount
of bail required to be furnished; and where the surety or cash depositor
is a professional bondsman the desk sergeant shall examine said profes-
sional bondsman under oath to ascertain the total amount charged appli-
cant for his services as surety or cash depositor, together with any other
fee charged by said professional bondsman for time, mileage or any other
service rendered applicant, which amount or amounts shall be noted upon
the records kept by said desk sergeant, together with the name and ad-
dress of said professional bondsman; any such professional bondsman
who refuses to give such information shall be guilty of a misdemeanor
and, if false information is furnished, he shall be guilty of perjury. The
desk sergeant shall keep an official pre-numbered receipt book in tripli-
cate, consisting of an original and two carbon copies, the original receipt
to go to the person paying the fee and/or posting the cash bond, the first
carbon copy in the case of a fee to go to the city auditor and in the case of
a cash bond to the clerk of the court before whom the person charged is
recognized to appear and the other carbon copy to remain in said official
pre-numbered receipt book, said receipt book to be filed with the city
auditor of the City of Danville within sixty days after the last entry
therein. The desk sergeant shall promptly deliver all cash deposited for
bail to the clerk of the court before whom the person charged is recognized
to appear, who shall give him an official receipt therefor. The money so
deposited shall be disposed of according to the laws of the State of Vir-
ginia allowing cash deposits in lieu of recognizance with surety. If any
such desk sergeant shall refuse to admit to bail or require excessive bail,
then application for bail may be made to the police justice of the City
of Danville or to the Corporation Court of Danville or to the judge
thereof in vacation and the same proceedings may be had as if application
had been made in the first instance to said police justice or Corporation
Court or judge thereof in vacation; provided, however, that nothing
herein contained shall be construed to deprive the clerk of the Civil Justice
Court of Danville of any powers now exercised by or conferred upon him
to admit to bail.

Section 2. Any duly qualified desk sergeant of the Police Depart-
ment of the City of Danville shall have the power to issue process for the
arrest of a person charged with any felony, any misdemeanor or any
violation of an ordinance of the City of Danville and to issue search
warrants, such process to be issued in accordance with the general laws
of the State of Virginia; provided, however, that any such desk sergeant
who issues a general search warrant or a search warrant without the
affidavit required by the law of the State of Virginia shall not only be
deemed guilty of a misfeasance or malfeasance, but shall also be deemec
guilty of a misdemeanor and be fined not less than two hundred dollar:
nor more than one thousand dollars and be confined in jail not less thar
thirty days nor more than twelve months ; any desk sergeant who issues <
general search warrant or a search warrant without the affidavit requirec
by the law of the State of Virginia shall be liable to the person aggrievec
thereby in both compensatory and punitive damages, such damages not
to be less than two hundred and fifty dollars in any event ; any desk ser.
geant convicted of a second offense hereunder shall immediately forfeit
his office as a police officer and such conviction shall be deemed to create
a vacancy to be filled according to law. The penalties provided herein
shall likewise apply to any other officer having the power to issue search
warrants who may issue a general search warrant or a search warrant
without the affidavit required by the law of the State of Virginia. The fees
for issuing process for the arrest of a person charged with an offense, for
issuing search warrants and for serving or executing said warrants shall
be imposed, collected and accounted for as may be prescribed by the ordi-
nances of the City of Danville from time to time.

2. Be it further enacted, That chapter one hundred and eight of
the Acts of the General Assembly of nineteen hundred and twenty-six,
approved March sixth, nineteen hundred and twenty-six, is hereby re-
pealed.

3. An emergency exists and this act is in force from its passage.