CHAPTER 153

An Act to amend Title 5, as amended, of the Code of Virginia, by adding
sections numbered 5-10.6 and 5-10.7, relating, respectively, to the
release on summons of certain persons arrested for misdemeanor
upon promise to appear and to other cases in which the arresting
officer may take such person before a judicial officer in lieu of issuing
such summons.

[H 242]

Approved February 28, 1962

Be it enacted by the General Assembly of Virginia:

1. That Title 5, as amended, of the Code of Virginia, be amended by
adding sections numbered 5-10.6 and 5-10.7 as follows:

§ 5-10.6. (a) Whenever any person is arrested for a violation of
any provision of this title punishable as a misdemeanor the arresting
officer shall, except as otherwise provided in § 5-10.7, take the name and
address of such person and the license number of his aircraft and issue
a summons or otherwise 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 desire, 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.

(b) Any person refusing to give such written promise to appear
shall be taken immediately by the arresting or other police officer
before the nearest or most accessible judicial officer or other person quali-
fied to admit to bail having jurisdiction under this title.

(c) Any person who willfully violates his written promise to appear,
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.

(d) 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 jurisdiction. This
section shall not be construed to limit the removal of a police officer for
other misconduct in office.

§ 5-10.7. If any person 1s: (1) arrested and charged with an offense
causing or contributing to an accident resulting in injury or death to any
person; (2) believed by the arresting officer to have committed a felony;
(3) believed by the arresting officer to be likely to disregard a summons
issued under § 5-10.6; or (4) charged with violation of § 5-10.1; the ar-
resting officer may take such person forthwith before the nearest or most
accessible judicial officer or other person qualified to admit to bail in lieu
of issuing the summons required by § 5-10.6.
An Act to amend and reenact § 38.1-480, as amended, of the Code of
Virginia, to fix the period during which indebtedness is repayable.

[H 282]
Approved February 28, 1962

Be it enacted by the General Assembly of Virginia:

1. That § 38.1-480, as amended, of the Code of Virginia be amended
and reenacted as follows:

§ 38.1-480. A policy of group life insurance may be issued to a
creditor, who shall be deemed the policyholder, to insure debtors of the
creditor, subject to the following requirements:

(1) The debtors eligible for insurance under the policy shall be all
of the debtors of the creditor whose indebtedness is repayable in install-
ments over a period of * more than five years from the initial date of
debt. or all of any class or classes thereof determined by conditions per-
taining to the indebtedness or to the purchase giving rise to the indebted-
ness. The policy may provide that the term “debtors” shall include the
debtors of one or more subsidiary corporations, and the debtors of one
or more affiliated corporations, proprietors or partnerships if the business
of the policyholder and of such affiliated corporations, proprietors or
partnerships is under common control through stock ownership, contract,
or otherwise. No debtor shall be eligible unless the indebtedness consti-
tutes an irrevocable obligation to repay which is binding upon him during
his lifetime at the time the insurance becomes effective upon his life.

(2) The premium for the policy shall be paid by the policyholder,
either from the creditor’s funds, or from charges collected from the
insured debtors, or from both. A policy on which part or all of the
premium is to be derived from the collection from the insured debtors of
identifiable charges not required of uninsured debtors shall not include,
in the class or classes of debtors eligible for insurance, debtors under obli-
gations outstanding at its date of issue without evidence of individual
insurability unless at least seventy-five per centum of the then eligible
debtors elect to pay the required charges. A policy on which no part of
the premium is to be derived from the collection of such identifiable
charges must insure all eligible debtors, or all except any as to whom
evidence of individual insurability is not satisfactory to the insurer.

(3) The policy may be issued only if the group of eligible debtors is
then receiving new entrants at the rate of at least one hundred persons
yearly, or may reasonably be expected to receive at least one hundred
new entrants during the first policy year, and only if the policy reserves
to the insurer the right to require evidence of individual insurability if
less than seventy-five per centum of the new entrants become insured.
The policy may exclude from the classes eligible for insurance classes of
debtors determined by age.

(4) The amount of insurance on the life of any debtor shall at no
time exceed the amount owed by him which is repayable in installments
to the creditor, or ten thousand dollars, whichever is less. Where the
indebtedness is repayable in one sum to the creditor, the insurance on the
life of any debtor shall in no instance be in effect for a period in excess
of eighteen months except that such insurance may be continued for an
additional period not exceeding six months in the case of default, exten-
Sion or recasting of the loan. The amount of the insurance on the life of
any debtor shall at no time exceed the amount of the unpaid indebtedness,
or ten thousand dollars, whichever is less.
(5) The insurance shall be payable to the policyholder. Such pay-
ment shall reduce or extinguish the unpaid indebtedness of the debtor to
the extent of such payment.