Be it enacted by the General Assembly of Virginia:
1. That § 19.2-143 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-143. Where default recorded; process on recognizance; forfeiture on recognizance; when copy may be used; cash bond.
When a person, under recognizance in a case, either as party or witness, fails
to perform the condition of appearance thereof, if it is to appear before a
court of record, or a district court, a hearing shall be held upon reasonable
notice to all parties affording them opportunity to show cause why the
recognizance or any part thereof should not be forfeited. The show cause notice
shall be issued within
If the court finds the recognizance or any part thereof should be forfeited,
the default shall be recorded therein, unless, the defendant or juvenile is
brought before the court within
If the defendant or juvenile appears before or is delivered to the court within
If it is brought to the attention of the court that the defendant or juvenile
is incarcerated in another state or country within
Evidence that the defendant or juvenile is incarcerated or subject to court process in another jurisdiction on the day his appearance is required or a medical certificate from a duly licensed physician that the defendant was physically unable to so appear shall be considered evidence of good cause why the recognizance should not be forfeited.
If such recognizance so forfeited is not for such appearance, process thereon shall be issued from the court in which it was taken, or the court to which it was made returnable, and in a proceeding in one court on a recognizance entered in another a copy thereof shall be evidence in like manner as the original would be if it had been entered in the court wherein the proceeding is being had thereon.
However, when any defendant or juvenile who posted a cash bond and failed to appear is tried in his absence and is convicted, the court or judge trying the case shall first apply the cash bond, or so much thereof as may be necessary, to the payment of any fines or costs, or both, adjudged against the defendant or juvenile or imposed by law. Any remaining funds shall be forfeited without further notice. However, if a rehearing is granted, the court may remit part or all of such cash bond not applied ultimately to fines or costs, and order a refund of the same by the State Treasurer, but only if good cause is shown.
If the defendant or juvenile posted a cash bond and failed to appear, but is
not tried in his absence, the bond shall be forfeited promptly without further
notice. However, if the defendant or juvenile appears in court within