HB 127 Virginia House of Delegates · 2026 Regular Session

Person not free on bail; court appearance, right to counsel.

Summary

Court appearance of a person not free on bail. Makes various changes to provisions regarding bail hearings in jurisdictions having a public defender office, including (i) the appointment of counsel for the accused and (ii) a requirement that counsel for the accused, when practicable, be provided with adequate time to confer with the accused prior to any bail hearing. The bill also allows a jurisdiction that does not have a public defender office establish to implement such provisions. The bill provides that, effective in due course, the chief judge in each circuit shall create a plan to be completed by November 1, 2026, that establishes the means by which the jurisdiction will meet such provisions. The remaining provisions of the bill have a delayed effective date of January 1, 2027.

Issues: ✓ Criminal Justice

Bill status passed 3 of 5 stages cleared

Introduction

Jan 2026

Committee Review

Feb 2026

House of Delegates Passage

Feb 2026

Senate Passage

Governor

Introduced Jan 2, 2026 Last action Mar 3, 2026

Maddy AI version diff · 3 comparisons

What changed between versions

Introduced → Engrossed · 7 edits · Feb 13, 2026

MODERATE

The bill was amended from its original introduced version to an engrossed version with significant substantive changes. The original version included detailed provisions about bail hearings, attorney appointments, compensation rates, and planning requirements. The engrossed version appears to have removed most of these detailed provisions, particularly those related to attorney compensation, public defender office requirements, and specific hearing procedures, while retaining the core requirement that persons not free on bail be brought before a judge.

Scope change

The bill's scope was significantly narrowed. The original version applied broadly to all persons charged with offenses under § 19.2-157 who were not free on bail, with detailed requirements for hearings, attorney appointments, and compensation. The engrossed version appears to remove most of these detailed procedural requirements.

REQUIREMENT

Removed detailed provisions requiring courts to appoint counsel before bail hearings and establish specific procedures for attorney access to accused persons and bail information.

Removed requirements for chief judges to create written plans for implementing bail hearing procedures, including protocols for attorney selection and notice procedures.

Removed provisions requiring that in jurisdictions without public defender offices, certain subsections about hearings, plans, and compensation do not apply.

Modified the bail hearing section to remove the requirement that courts appoint counsel prior to hearings and to simplify the procedures for addressing bail motions.

FISCAL

Removed provisions establishing hourly compensation rates for appointed counsel and limits on total payment amounts for representation at bail hearings.

TIMELINE

Removed the specific deadline requiring plans to be completed by November 1, 2026.

MODIFIED

Added formatting elements including bill number changes, amendment designation, and committee information typical of legislative markup processes.

Floor votes · House of Delegates Feb 13, 2026

How they voted

72–10

Passed · 6 other

Total votes 88

Feb 13, 2026

D Democratic53

49 Yea 4

92% Yea

R Republican35

23 Yea 10 Nay 2

65% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Feb 23, 2026

Upper · Passed

Reported from Courts of Justice with substitute and rereferred to Finance and Appropriations (11-Y 3-N)

upper

Feb 16, 2026

Committee

Referred to Committee for Courts of Justice

upper

Feb 13, 2026

Lower · Passed

Read third time and passed House (84-Y 10-N 0-A)

lower

Feb 12, 2026

Lower · Passed

committee amendment agreed to

lower

Feb 9, 2026

Lower · Passed

Reported from Appropriations with amendment(s) (21-Y 1-N)

lower

Feb 6, 2026

Lower · Passed

Subcommittee recommends reporting with amendment(s) (7-Y 0-N)

lower

Feb 6, 2026

Lower · Passed

House subcommittee offered

lower

Feb 5, 2026

Committee

Assigned HAPP sub: General Government and Capital Outlay

lower

Feb 4, 2026

Lower · Passed

Reported from Courts of Justice with substitute and referred to Appropriations (22-Y 0-N)

lower

Jan 28, 2026

Lower · Passed

House subcommittee offered

lower

Jan 22, 2026

Committee

Assigned HCJ sub: Criminal

lower

Jan 2, 2026

Committee

Referred to Committee for Courts of Justice

lower

1 primary · 1 co-sponsor