CHAPTER 81

AN ACT to amend and reenact § 46-193 of the Code of 1950, relat-
ing to the release on summons of persons arrested for certain
offenses.

[S 76]
Approved March 2, 1950
Be it enacted by the General Assembly of Virginia:
That § 46-193 of the Code of 1950 be amended and reenacted
: follows:
§ 46-193. Arrest for misdemeanor; release on summons and
promise to appear; violations——Whenever any person is arrested
for a violation of any provision of this title punishable as a mis-
demeanor the arresting officer shall, except as otherwise provided
in this section, take the name and address of such person and the
license number of his motor vehicle and issue a summons or other-
wise notify him in writing to appear at a time and place to be
specified in such summons or notice, such time to be at least five
days after such arrest unless the person arrested shall demand an
earlier hearing, and such person shall, if he so desires have a right
to an immediate hearing or a hearing within twenty-four hours at
a convenient hour, and before a court having jurisdiction under
this title within the city, town or county wherein such offense was
committed. Such officer shall thereupon and upon the giving by
such person of his written promise to appear at such time and
place forthwith release him from custody.

Any person refusing to give such written promise to appear
shall be taken immediately by the arresting officer before the
nearest or most accessible court having jurisdiction under this title.

Any person who wilfully violates his written promise to ap-
pear, given in accordance with this section, shall be guilty of a
misdemeanor, regardless of the disposition of, and in addition to,
the charge upon which he was originally arrested.

Any officer violating any of the provisions of this section shall
be guilty of misconduct in office and subject to removal therefrom
upon complaint filed by any person in a court of competent juris-
diction.