10105573D
SENATE BILL NO. 75
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee for Courts of Justice
on February 26, 2010)
(Patron Prior to Substitute--Senator Reynolds)
A BILL to amend and reenact §§19.2-124 and 19.2-132 of the
Code of Virginia, relating to appeals from bail, bond, and recognizance
determinations.
Be it enacted by the General Assembly of Virginia:
1. That §§19.2-124 and 19.2-132 of the Code of Virginia are
amended and reenacted as follows:
§19.2-124. Appeal from bail, bond, or recognizance order.
A. If a judicial officer denies bail to a person, requires
excessive bond, or fixes unreasonable terms of a recognizance under this
article, the person may appeal therefrom successively to the next higher
court or judge thereof, up to and including the Supreme Court of Virginia or
any justice thereof where permitted by law the decision of the judicial
officer.
If the initial bail decision on a charge brought by a warrant
or district court capias is made by a magistrate, clerk, or deputy clerk, the
person shall first appeal to the district court in which the case is pending.
If the initial bail decision on a charge brought by direct
indictment or presentment or circuit court capias is made by a magistrate,
clerk, or deputy clerk, the person shall first appeal to the circuit court in
which the case is pending.
If the appeal of an initial bail decision is taken on any
charge originally pending in a district court after that charge has been
appealed, certified, or transferred to a circuit court, the person shall first
appeal to the circuit court in which the case is pending.
Any bail decision made by a judge of a court may be
appealed successively by the person to the next higher court, up to and
including the Supreme Court of Virginia, where permitted by law.
B. If a court grants bail to a person or fixes a term of
recognizance under this article over the objection of the attorney for the
Commonwealth, the The attorney for the Commonwealth may appeal therefrom
successively a bail, bond or recognizance decision to the next
higher same court or judge thereof, up to and including the
Supreme Court of Virginia or any justice thereof to which the accused
person is required to appeal under subsection A.
C. No filing or service fees shall be assessed or collected
for any appeal taken pursuant to this section.
§19.2-132. Motion to increase amount of bond fixed by
judicial officer; when bond may be increased.
A. Although a person has been admitted to bail, if If
the amount of any bond fixed by a judicial officer is subsequently
deemed insufficient, or the security taken inadequate, or if it appears that
bail should have been denied or that the person has violated a term or
condition of his release, or has been convicted of or arrested for a felony or
misdemeanor, the attorney for the Commonwealth of the county or city in
which the person is held for trial may, on reasonable notice to the person and,
if such person has been admitted to bail, to any surety on the bond of
such person, move the court, or the appropriate judicial officer to
increase the amount of such bond or to revoke bail. The court may, in
accordance with subsection B, grant such motion and may require new or
additional sureties therefor, or both or revoke bail. Any surety in a bond for
the appearance of such person may take from his principal collateral or other
security to indemnify such surety against liability. The failure to notify the
surety will not prohibit the court from proceeding with the bond hearing.
B. Subsequent to an initial appearance before any judicial
officer where the conditions of bail have been determined, no person, after
having been released on a bond, shall be subject to a motion to increase such
bond or revoke bail unless (i) the person has violated a term or condition of
his release, or is convicted of or arrested for a felony or misdemeanor, or
(ii) the attorney for the Commonwealth presents evidence that incorrect or incomplete
information regarding the person's family ties; employment; financial
resources; length of residence in the community; record of convictions; record
of appearance at court proceedings or flight to avoid prosecution or failure to
appear at court proceedings; whether the person is likely to obstruct or
attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to
threaten, injure, or intimidate, a prospective witness, juror, or victim; or
other information relevant to the bond determination was relied upon by the
court or magistrate establishing initial bond.
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