SB 1227 Virginia Senate · 2025 Regular Session

Person not free on bail; court appearance.

Summary

Court appearance of a person not free on bail. Makes various changes to provisions regarding bail hearings, including (i) the appointment of counsel for the accused, (ii) the information provided to counsel for the accused, (iii) a requirement that counsel for the accused be provided with adequate time to confer with the accused prior to any bail hearing, and (iv) the compensation of counsel for the accused. Effective in due course, the bill provides that the chief judge in each circuit shall create a plan to be completed by November 1, 2025, that establishes the means by which the jurisdiction will meet these requirements. The remainder of the bill has a delayed effective date of January 1, 2026.

Issues: ✓ Criminal Justice

Bill status in committee 1 of 4 stages cleared

Introduction

Jan 2025

Committee Review

Floor Vote

Governor

Introduced Jan 8, 2025 Last action Feb 5, 2025

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What changed between versions

Introduced → Courts of Justice Substitute · 5 edits

MODERATE

This bill was amended from its original introduced version to a Senate substitute version, primarily changing the effective date and modifying certain procedural requirements for court-appointed counsel and bail hearings. The key substantive change is shifting the effective date from January 1, 2026 to 'in due course' for the plan creation provisions, while also adjusting language around when counsel must be appointed and when bail hearings must occur.

Scope change

The bill's scope remains the same - it applies to persons charged with offenses under § 19.2-157 who are not free on bail, but procedural requirements for counsel appointment and hearing timelines were modified.

TIMELINE

Changed effective date from January 1, 2026 to 'in due course' for the plan creation provisions in § 19.2-158(E).

REQUIREMENT

Modified § 19.2-158(C) to require court appointment of counsel only if the person requests and qualifies under § 19.2-159, rather than presuming indigency for all persons.

Changed bail hearing timeline from 'as soon as practicable but no later than three calendar days' to 'as soon as practicable but no later than three calendar days after such hearing' if counsel is not available.

Added language allowing parties to raise bail issues at subsequent hearings based on material changes in circumstances or condition violations.

DEFINITION

Changed 'bail information' definition to specify information must be from 'the court case file for the current charge' rather than 'in possession of the court or the Commonwealth.'

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Jan 27, 2025

Upper · Passed

Reported from Courts of Justice with substitute and rereferred to Finance and Appropriations (9-Y 2-N 3-A)

upper

Jan 8, 2025

Committee

Referred to Committee for Courts of Justice

upper

1 primary · 1 co-sponsor