An Act to amend and reenact § 19.2-120 of the Code of Virginia, relating
Approved January 28, 1997
Be it enacted by the General Assembly of Virginia:
1. That § 19.2-120 of the Code of Virginia is amended and reenacted as
§ 19.2-120. Right to bail; use of bond to satisfy fines and costs.
An accused, or juvenile taken into custody pursuant to § 16.1-246 who is
held in custody pending trial or hearing for an offense, civil or criminal
contempt, or otherwise shall be admitted to bail by a judicial officer as
defined in § 19.2-119, unless there is probable cause to believe that:
1. He will not appear for trial or hearing or at such other time and place as
may be directed, or
2. His liberty will constitute an unreasonable danger to himself or the public.
If the judicial officer finds by clear and convincing evidence that (i)
within the preceding sixteen years, the accused or juvenile was
within the preceding sixteen years convicted of an offense listed in
§§ 18.2-248, 18.2-248.01, 18.2-255, or § 18.2-255.2 that
involves a Schedule I or II controlled substance, was previously convicted as a
"drug kingpin" as defined in § 18.2-248, or was previously convicted of an
act of violence as defined in § 19.2-297.1 and finds probable cause to
believe that the accused or juvenile who is currently charged with one of these
offenses committed the offense charged, or (ii) the accused or juvenile
had previously been convicted of an offense listed in subsection B of §
18.2-67.5:2 and finds probable cause to believe that the accused or juvenile
who is currently charged with one of these offenses committed the offense
charged, then the judicial officer shall presume, subject to rebuttal,
that no condition or combination of conditions will reasonably assure the
appearance of the person or the safety of the public.
The judicial officer shall inform the accused or juvenile of his right to
appeal from the order denying bail or fixing terms of bond or recognizance
consistent with § 19.2-124.
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