Be it enacted by the General Assembly of Virginia:
1. That §§ 8.01-508, 16.1-135, 18.2-308.1, 18.2-308.2, 18.2-308.4, 19.2-119, 19.2-120, 19.2-121, 19.2-123, 19.2-124, 19.2-125, 19.2-127, 19.2-132, 19.2-150, 19.2-152.2, 19.2-152.3, 19.2-152.4, 19.2-158, 19.2-186, 19.2-398, 19.2-406, 46.2-936 and 53.1-109 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 19.2-80.2 as follows:
§ 8.01-508. How debtor may be arrested and held to answer.
If any person summoned under § 8.01-506 fails to appear and answer, or makes
any answers which are deemed by the commissioner or court to be evasive, or if,
having answered, fails to make such conveyance and delivery as is required by §
8.01-507, the commissioner or court shall issue (i) a capias directed to any sheriff
requiring such sheriff to take the person in default and deliver him to the
commissioner or court so that he may be compelled to make proper answers, or
such conveyance or delivery, as the case may be or (ii) a rule to show cause
why the person summoned should not appear and make proper answer or make
conveyance and delivery. If the person in default fails to answer or convey and
deliver he may be incarcerated until he makes such answers or conveyance and
delivery. Where a capias is issued, the person in default shall be
If the person held for failure to appear and answer interrogatories is detained in a jurisdiction other than that where the summons is issued, the sheriff in the requesting jurisdiction shall have the duty to transport such person to the place where interrogatories are to be taken.
§ 16.1-135. Bail and recognizance; papers filed with circuit court.
A person who has been convicted of an offense in a district court and who has
noted an appeal, either at the time judgment is rendered or subsequent to its
entry, shall be given credit for any bond that he may have posted in the court
from which he appeals and shall be treated in accordance with the provisions of
§ 18.2-308.1. Possession of firearm, stun weapon, or other weapon on school property prohibited.
A. If any person
B. If any person
The exemptions set out in § 18.2-308 shall apply, mutatis mutandis, to the provisions of this section. The provisions of this section shall not apply to persons who possess such weapon or weapons as a part of the curriculum or other programs sponsored by the school or any organization permitted by the school to use its premises or to any law-enforcement officer while engaged in his duties as such. In addition, this section shall not apply to possession of an unloaded firearm which is in a closed container in or upon a motor vehicle or an unloaded shotgun or rifle in a firearms rack in or upon a motor vehicle.
As used in this section:
"Stun weapon" means any mechanism that is (i) designed to emit an electronic, magnetic, or other type of charge that exceeds the equivalency of a five milliamp sixty hertz shock and (ii) used for the purpose of temporarily incapacitating a person; and
"Taser" means any mechanism that is (i) designed to emit an electronic, magnetic, or other type of charge or shock through the use of a projectile and (ii) used for the purpose of temporarily incapacitating a person.
§ 18.2-308.2. Possession or transportation of firearms or concealed weapons by convicted felons; penalties; petition for permit; when issued.
A. It shall be unlawful for (i) any person who has been convicted of a felony
or (ii) any person under the age of twenty-nine who was found guilty as a
juvenile fourteen years of age or older at the time of the offense of a
delinquent act which would be a felony if committed by an adult, whether such
conviction or adjudication occurred under the laws of this Commonwealth, or any
other state, the District of Columbia, the United States or any territory
thereof, to knowingly and intentionally possess or transport any firearm or to
knowingly and intentionally carry about his person, hidden from common
observation, any weapon described in § 18.2-308 A.
B. The prohibitions of subsection A shall not apply to (i) any person who possesses a firearm or other weapon while carrying out his duties as a member of the armed forces of the United States or of the National Guard of Virginia or of any other state, (ii) any law-enforcement officer in the performance of his duties, or (iii) any person who has been pardoned or whose political disabilities have been removed pursuant to Article V, Section 12 of the Constitution of Virginia provided the Governor, in the document granting the pardon or removing the person's political disabilities, may expressly place conditions upon the reinstatement of the person's right to ship, transport, possess or receive firearms.
C. Any person prohibited from possessing, transporting or carrying a firearm under subsection A, may petition the circuit court of the jurisdiction in which he resides for a permit to possess or carry a firearm; however, no person who has been convicted of a felony shall be qualified to petition for such a permit unless his civil rights have been restored by the Governor or other appropriate authority. The court may, in its discretion and for good cause shown, grant such petition and issue a permit. The provisions of this section shall not apply to any person who has been granted a permit pursuant to this subsection.
§ 18.2-308.4. Possession of firearms while in possession of certain controlled substances.
A. It shall be unlawful for any person unlawfully in possession of a controlled
substance classified in Schedule I or II of the Drug Control Act (§ 54.1-3400
et seq.) of Title 54.1
B. It shall be unlawful for any person to possess, use, or attempt to use any pistol, shotgun, rifle, or other firearm or display such weapon in a threatening manner while committing or attempting to commit the illegal manufacture, sale, distribution, or the possession with the intent to manufacture, sell, or distribute a controlled substance classified in Schedule I or Schedule II of the Drug Control Act (§ 54.1-3400 et seq.) of Title 54.1 or more than one pound of marijuana.
Violation of this
C. Any firearm possessed in violation of this section shall be forfeited to the Commonwealth pursuant to the provisions of § 18.2-310.
§ 19.2-80.2. Duty of arresting officer; providing magistrate or court with criminal history information.
In any case in which an officer proceeds under §§ 19.2-76, 19.2-80 and 19.2-82, such officer shall, to the extent possible, obtain and provide the magistrate or court with the arrested person’s criminal history information prior to any proceeding under Article 1 (§ 19.2-119 et seq.) of Chapter 9 of this title. A pretrial services program established pursuant to § 19.2-152.4 may, in lieu of the arresting officer, provide the criminal history to the magistrate or court.
§ 19.2-119. Definitions.
As used in this chapter:
"Bail" means the pretrial release of a person from custody upon those terms and conditions specified by order of an appropriate judicial officer.
"Bond" means the posting by a person or his surety of a written promise to pay a specific sum, secured or unsecured, ordered by an appropriate judicial officer as a condition of bail to assure performance of the terms and conditions contained in the recognizance.
“Criminal history” means records and data collected by criminal justice agencies or persons consisting of identifiable descriptions and notations of arrests, detentions, indictments, informations or other formal charges, and any deposition arising therefrom.
"Judicial officer" means, unless otherwise indicated, any magistrate within his jurisdiction, any judge of a district court and the clerk or deputy clerk of any district court or circuit court within their respective cities and counties, any judge of a circuit court, any judge of the Court of Appeals and any justice of the Supreme Court of Virginia.
“Person” means any accused, or any juvenile taken into custody pursuant to § 16.1-246.
"Recognizance" means a signed commitment by a person to appear in court as directed and to adhere to any other terms ordered by an appropriate judicial officer as a condition of bail.
§ 19.2-120. Admission to bail.
A person 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
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.
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 if the person is currently charged with:
1. An act of violence as defined in § 19.2-297.1;
2. An offense for which the maximum sentence is life imprisonment or death;
3. A violation of §§ 18.2-248, 18.2-248.01, 18.2-255 or § 18.2-255.2 involving a Schedule I or II controlled substance if (i) the maximum term of imprisonment is ten years or more and the person was previously convicted of a like offense or (ii) the person was previously convicted as a “drug kingpin” as defined in § 18.2-248;
5. Any felony, if the person has been convicted of two or more offenses described in subdivision 1 or 2, whether under the laws of this Commonwealth or substantially similar laws of the United States;
6. Any felony committed while the person is on release pending trial for a prior felony under federal or state law or on release pending imposition or execution of sentence or appeal of sentence or conviction; or
7. An offense listed in subsection B of § 18.2-67.5:2 and the person had previously been convicted of an offense listed in § 18.2-67.5:2 and the judicial officer finds probable cause to believe that the person who is currently charged with one of these offenses committed the offense charged.
The judicial officer shall inform the
§ 19.2-121. Fixing terms of bail.
In any case where the accused has appeared and otherwise met the conditions of bail, no bond therefor shall be used to satisfy fines and costs unless agreed to by the person who posted such bond.
§ 19.2-123. Release of accused on unsecured bond or promise to appear; conditions of release.
1. Place the person in the custody and supervision of a designated person
2. Place restrictions on the travel, association or place of abode of the person during the period of release and restrict contacts with household members for a period not to exceed seventy-two hours;
2a. Require the execution of an unsecured bond;
3. Require the execution of a secure bond which at the option of the accused
shall be satisfied with sufficient solvent sureties, or the deposit of cash in
lieu thereof. Only the actual value of any interest in real estate or personal
property owned by the proposed surety shall be considered in determining
solvency and solvency shall be found if the value of the proposed surety's
equity in the real estate or personal property equals or exceeds the amount of
3a. Require that the person do any or all of the following: (i) maintain employment or, if unemployed, actively seek employment; (ii) maintain or commence an educational program; (iii) avoid all contact with an alleged victim of the crime and with any potential witness who may testify concerning the offense; (iv) comply with a specified curfew; (v) refrain from possessing a firearm, destructive device, or other dangerous weapon; (vi) refrain from excessive use of alcohol, or use of any illegal drug or any controlled substance not prescribed by a health care provider; and (vii) submit to testing for drugs and alcohol until the final disposition of his case; or
4. Impose any other condition deemed reasonably necessary to assure appearance as required, and to assure his good behavior pending trial, including a condition requiring that the person return to custody after specified hours or be placed on home electronic incarceration pursuant to § 53.1-131.2.
Upon satisfaction of the terms of recognizance, the accused shall be released forthwith.
In addition, where the accused is a resident of a state training center for the mentally retarded, the judicial officer may place the person in the custody of the director of the state facility, if the director agrees to accept custody. Such director is hereby authorized to take custody of such person and to maintain him at the training center prior to a trial or hearing under such circumstances as will reasonably assure the appearance of the accused for the trial or hearing.
B. In any jurisdiction served by a pretrial services agency which offers a drug
testing program approved for the purposes of this subsection by the chief
general district court judge, any such
D. Nothing in this section shall be construed to prevent an officer taking a juvenile into custody from releasing that juvenile pursuant to § 16.1-247. If any condition of release imposed under the provisions of this section is violated, a judicial officer may issue a capias or order to show cause why the recognizance should not be revoked.
§ 19.2-124. Appeal from order denying bail or fixing terms of bond or recognizance.
A. If a
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 attorney for the Commonwealth 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.
§ 19.2-125. Release pending appeal from conviction in court not of record.
A person who has been convicted of an offense in a district court and who has
noted an appeal shall be given credit for any bond that he may have posted in
the court from which he appeals and shall be treated in accordance with the
§ 19.2-127. Conditions of release of material witness.
If it appears by affidavit that the testimony of a person is material in any
criminal proceeding, and it reasonably appears that it will be impossible to
secure his presence by a subpoena, a judge shall inquire into the conditions of
his release pursuant to
§ 19.2-132. Motion to increase amount of bond fixed by magistrate or clerk; when bond may be increased.
A. Although a
B. Subsequent to an initial appearance before any judicial officer where the
conditions of bail have been determined, no
§ 19.2-150. Proceeding when surety surrenders principal.
If the surrender
§ 19.2-152.2. Purpose; establishment of program.
It is the purpose of this article to provide more effective protection of
society by establishing programs which will assist judicial officers in
discharging their duties pursuant to
§ 19.2-152.3. Department of Criminal Justice Services to prescribe standards; biennial plan.
The Department of Criminal Justice Services shall prescribe standards for the
development, implementation, operation and evaluation of programs authorized by
this article. The Department of Criminal Justice Services shall develop risk
assessment and other instruments to be used by pretrial services programs in
assisting judicial officers in discharging their duties pursuant to
§ 19.2-152.4. Mandated services.
Any city, county or combination thereof which elects or is required to
establish a pretrial services program shall provide all information and
services for use by judicial officers as set forth in
§ 19.2-158. When person not free on bail shall be informed of right to counsel and amount of bail.
Every person charged with an offense described in § 19.2-157, who is not free on bail or otherwise, shall be brought before the judge of a court not of record, unless the circuit court issues process commanding the presence of the person, in which case the person shall be brought before the circuit court, on the first day on which such court sits after the person is charged, at which time the judge shall inform the accused of the amount of his bail and his right to counsel. The court shall also hear and consider motions by the person or Commonwealth relating to bail or conditions of release pursuant to Article 1 (§ 19.2-119 et seq.) of Chapter 9 of this title. If the court not of record sits on a day prior to the scheduled sitting of the court which issued process, the person shall be brought before the court not of record.
No hearing on the charges against the accused shall be had until the foregoing conditions have been complied with, and the accused shall be allowed a reasonable opportunity to employ counsel of his own choice, or, if appropriate, the statement of indigence provided for in § 19.2-159 may be executed.
§ 19.2-186. When accused to be discharged, tried, committed or bailed by judge.
The judge shall discharge the accused if he
If a judge
If a judge
§ 19.2-398. When appeal by the Commonwealth in felony actions allowed.
A. A petition for appeal from a circuit court may be taken by the Commonwealth only in felony cases, before a jury is impaneled and sworn in a jury trial, or before the court begins to hear or receive evidence or the first witness is sworn, whichever occurs first, in a nonjury trial. The appeal may be taken from:
1. An order of a circuit court dismissing a warrant, information or indictment, or any count or charge thereof on the ground that a statute upon which it was based is unconstitutional; or
2. An order of a circuit court prohibiting the use of certain evidence at trial on the grounds such evidence was obtained in violation of the provisions of the Fourth, Fifth or Sixth Amendments to the Constitution of the United States or Article I, Section 8, 10 or 11 of the Constitution of Virginia prohibiting illegal searches and seizures and protecting rights against self-incrimination, provided the Commonwealth certifies the evidence is essential to the prosecution.
B. A petition for appeal may be taken by the Commonwealth in a felony case from any order of release on conditions pursuant to Article 1 (§ 19.2-119 et seq.) of Chapter 9 of this title.
C. Nothing in this chapter shall affect the Commonwealth's right to appeal in
civil matters or cases involving a violation of law relating to the state revenue or
appeals pursuant to §
Upon appeal being taken by the Commonwealth pursuant to § 19.2-398, if the
defendant moves the trial court for release on bail, that court shall promptly,
but in no event later than three days after the Commonwealth's notice of appeal
is filed, hold a hearing to determine the issue of bail. The burden shall be
upon the Commonwealth to show good cause why the bail should not be reduced or
the accused released on his own recognizance. If it is determined that the
accused shall be released on bail, bail shall be set and determined in
§ 46.2-936. Arrest for misdemeanor; release on summons and promise to appear; right to demand hearing immediately or within twenty-four hours; issuance of warrant on request of officer for violations of §§ 46.2-301 and 46.2-302; refusal to promise to appear; violations.
Whenever any person is detained by or in the custody of an arresting officer, including an arrest on a warrant, for a violation of any provision of this title punishable as a misdemeanor, the arresting officer shall, except as otherwise provided in § 46.2-940, take the name and address of such person and the license number of his motor vehicle 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 shall be at least five days after such arrest unless the person arrested demands an earlier hearing. Such person shall, if he so desires, have a right to an immediate hearing, or a hearing within twenty-four hours at a convenient hour, before a court having jurisdiction under this title within the county, city, or town wherein such offense was committed. Upon the giving by such person of his written promise to appear at such time and place, the officer shall forthwith release him from custody.
Notwithstanding the foregoing provisions of this section, if prior general
approval has been granted by order of the general district court for the use of
this section in cases involving violations of §§ 46.2-301 and 46.2-302, the
arresting officer may take the person before the appropriate judicial officer of the
county or city in which the violation occurred and make oath as to the offense and
request issuance of a warrant. If a warrant is issued, the
Notwithstanding any other provision of this section, in cases involving a violation of § 46.2-341.24 or § 46.2-341.31, the arresting officer shall take the person before a magistrate as provided in §§ 46.2-341.26:2 and 46.2-341.26:3. The magistrate may issue either a summons or a warrant as he shall deem proper.
Any person refusing to give such written promise to appear under the provisions of this section shall be taken immediately by the arresting officer before a magistrate or other issuing officer having jurisdiction who shall proceed according to the provisions of § 46.2-940.
Any person who willfully violates his written promise to appear, given in accordance with this section, shall be treated in accordance with the provisions of § 46.2-938.
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 law-enforcement officer for other misconduct in office.
§ 53.1-109. Authority of jail superintendent and jail officers.
The jail superintendent shall have and exercise the same control and authority over the prisoners committed or transferred to a regional jail or jail farm as the sheriffs of this Commonwealth have by law over the prisoners committed or transferred to local jails.
During the term of their appointment the superintendent and jail officers are
hereby invested with the powers and authority of a conservator of the peace (i)
within the limits of such jail or jail farm and within one mile thereof,
whether such jail or jail farm is situated within or beyond the limits of such
political subdivisions establishing and maintaining the same; (ii) for the
purpose of conveying prisoners to and from such jail or jail farm; (iii) for
the purpose of enforcing the provisions of alternative incarceration or
treatment programs pursuant to §§ 53.1-129, 53.1-131, and 53.1-131.2 and
pretrial supervision programs operated pursuant to
2. That § 19.2-126 of the Code of Virginia is repealed.
3. That the provisions of this act may result in a net increase in periods of imprisonment in state correctional facilities. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $127,750 FY 2000.