SB 412 Virginia Senate · 2026 Regular Session

Court appearance of a person not free on bail; changes to provisions regarding hearings.

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, when practicable, be provided with adequate time to confer with the accused prior to any bail hearing; and (iv) the compensation of counsel for the accused. 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 in committee 1 of 4 stages cleared

Introduction

Jan 2026

Committee Review

Floor Vote

Governor

Introduced Jan 13, 2026 Last action Feb 12, 2026

Maddy AI version diff · 1 comparison

What changed between versions

Introduced → Courts of Justice Substitute · 7 edits

MODERATE

This bill was amended from its original introduction to a substitute version, significantly restructuring the requirements for court appearances of individuals not released on bail. The changes streamline the process by removing certain appointment procedures for non-public defender jurisdictions and consolidating provisions related to counsel appointment and bail hearings. The amendment also adjusts the structure of public defender appointment procedures and modifies the timeline and scope of certain requirements.

Scope change

The bill's scope was narrowed by removing mandatory requirements for jurisdictions without public defender offices, while expanding and clarifying procedures for jurisdictions that do have public defender offices.

REQUIREMENT

Removed the requirement that judges of judicial circuits and corresponding districts coordinate to ensure judge availability for hearings, which previously applied to all jurisdictions.

Eliminated the requirement for courts to appoint counsel prior to hearings in jurisdictions without public defender offices, which previously mandated attorney appointments regardless of jurisdiction type.

Restructured the bail hearing procedures so that motions regarding bail or conditions of release are now addressed in a consolidated manner without the previous requirement for separate hearings on bail information.

Added specific procedures for public defender offices, including requirements for the court to appoint the public defender before hearings if the person requests counsel and qualifies.

Changed the plan creation requirements to apply only to jurisdictions with public defender offices, removing the universal plan requirement that previously applied to all circuits.

TIMELINE

Removed the three-calendar-day deadline for addressing bail issues when counsel is not reasonably available, which previously applied to all jurisdictions.

FISCAL

Removed the provision requiring hourly compensation rates for non-public defender appointed counsel, which previously mandated specific payment structures for all jurisdictions.

Floor votes

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Full legislative history

Actions timeline

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Key actions

Committee

Feb 4, 2026

Upper · Passed

Reported from Courts of Justice with substitute and rereferred to Finance and Appropriations (12-Y 3-N)

upper

Feb 4, 2026

Upper · Passed

Senate committee offered

upper

Jan 13, 2026

Committee

Referred to Committee for Courts of Justice

upper

1 primary · 0 co-sponsors