CHAPTER 495

An Act to amend the Code of Virginia by adding a section numbered
16.1-129.2, relating to procedure in courts not of record when war-
rant defective.

[(S 114]

Approved April 4, 1968

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding a section numbered
16.1-129.2, as follows:

§ 16.1-129.2. Upon the trial of a warrant, the court may, upon its
own motion or upon the request either of the attorney for the prosecution
or for the accused, amend the form of the warrant in any respect in
which it appears to be defective. But when the warrant is so defective
in form that it does not substantially appear from the same what is
the offense with which the accused is charged, or even when it is not so
seriously defective, the judge of the court having examined on oath the
original complainant, if there be one, or if he sees good reason to believe
that an offense has been committed, then without examination of wit-
nesses, may issue under his own hand his warrant reciting the offense and
requiring the defendant in the original warrant to be arrested and brought
before him. Upon the arrest of the defendant on the new warrant and
his production or appearance in court the trial shall proceed upon the
new warrant. When there is an amendment of the original warrant the
trial shall proceed on the amended warrant. But whether the warrant
is amended or a new warrant is issued, the court before proceeding to
trial on the same may grant a continuance to the prosecution or to the
defendant upon such terms as to costs as may be proper under the cir-
cumstances of the case; provided, however, that if the warrant be amended
or if a new warrant be issued after any evidence has been heard, the
accused shall be entitled to a continuance as a matter of right.

When a warrant is amended or a new warrant is issued the costs
already accrued shall be taxed against the defendant, if he is ultimately
convicted, as a part of the costs arising under the new or amended war-
rant.