HB 440 Illegal aliens; presumption of no bail for those charged with certain crimes.
Thomas Davis Rust | all patrons    ...    notes
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Summary as passed: (all summaries)
Presumption of no bail for illegal aliens charged with certain crimes. Provides that a 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 (i) the person is currently charged with an offense listed in subsection A of 19.2-297.1 (acts of violence), subsection C of 17.1-805 (acts of violence), any offense under Chapter 4 ( 18.2-30 et seq.) of Title 18.2 (crimes against the person) except any offense under subsection A of 18.2-57.2, any felony offense under Article 1 ( 18.2-247 et seq.) of Chapter 7 of Title 18.2 (drug offenses), or any offense under Articles 2 ( 18.2-266 et seq.), 4 ( 18.2-279 et seq.), 5 ( 18.2-288 et seq.), 6 ( 18.2-299 et seq.), or 7 ( 18.2-308 et seq.) of Chapter 7 of Title 18.2 (crimes involving health and safety), and (ii) the court determines that the person is illegally present in the United States. This presumption shall not exist unless the United States Immigration and Customs Enforcement has guaranteed that, in all such cases in the Commonwealth, it will issue a detainer for the initiation of removal proceedings and agrees to reimburse for the cost of incarceration from the time of the issuance of the detainer. This bill incorporates HB 47, HB 757, HB 762, HB 779, HB 929, and HB 1435. This bill is identical to SB 623.

Full text:
01/04/08  House: Prefiled and ordered printed; offered 01/09/08 087808708  pdf
02/06/08  House: Committee substitute printed 084235708-H1  pdf
02/08/08  House: Printed as engrossed 084235708-EH1  pdf
02/21/08  Senate: Committee substitute printed 080296708-S1  pdf | impact statement
02/29/08  House: Bill text as passed House and Senate (HB440ER)  pdf | impact statement
03/14/08  Governor: Acts of Assembly Chapter text (CHAP0469)  pdf

House amendments

01/04/08  House: Prefiled and ordered printed; offered 01/09/08 087808708
01/04/08  House: Referred to Committee on Rules
02/05/08  House: Reported from Rules with substitute (13-Y 1-N)
02/06/08  House: Committee substitute printed 084235708-H1
02/07/08  House: Read first time
02/08/08  House: Read second time
02/08/08  House: Committee substitute agreed to 084235708-H1
02/08/08  House: Amendment by Delegate Rust agreed to
02/08/08  House: Engrossed by House - committee substitute with amendment HB440EH1
02/08/08  House: Printed as engrossed 084235708-EH1
02/11/08  House: Read third time and passed House (98-Y 0-N)
02/11/08  House: VOTE: --- PASSAGE (98-Y 0-N)
02/11/08  House: Communicated to Senate
02/12/08  Senate: Constitutional reading dispensed
02/12/08  Senate: Referred to Committee for Courts of Justice
02/20/08  Senate: Reported from Courts of Justice with substitute (11-Y 3-N)
02/21/08  Senate: Committee substitute printed 080296708-S1
02/22/08  Senate: Constitutional reading dispensed (40-Y 0-N)
02/25/08  Senate: Read third time
02/25/08  Senate: Reading of substitute waived
02/25/08  Senate: Committee substitute agreed to 080296708-S1
02/25/08  Senate: Engrossed by Senate - committee substitute HB440S1
02/25/08  Senate: Passed Senate with substitute (33-Y 7-N)
02/26/08  House: Placed on Calendar
02/27/08  House: Senate substitute agreed to by House 080296708-S1 (84-Y 13-N)
02/27/08  House: VOTE: --- ADOPTION (84-Y 13-N)
02/29/08  House: Enrolled
02/29/08  House: Bill text as passed House and Senate (HB440ER)
02/29/08  House: Signed by Speaker
03/03/08  Senate: Signed by President
03/08/08  Governor: Approved by Governor-Chapter 469 (effective 7/1/08)
03/14/08  Governor: Acts of Assembly Chapter text (CHAP0469)