Criminal Justice (Judges)

Assault and battery; district court temporary recall judge; penalty. Adds a judge of a district court under temporary recall to the definition of "judge" as it relates to the crime of assault and battery, which is a Class 1 misdemeanor that is enhanced to a Class 6 felony with a mandatory minimum term of confinement of six months if such judge is engaged in his public duties at the time of the offense. This bill is a recommendation of the Committee on District Courts and is identical to HB 124.

Assault and battery; district court temporary recall judge; penalty. Adds a judge of a district court under temporary recall to the definition of "judge" as it relates to the crime of assault and battery, which is a Class 1 misdemeanor that is enhanced to a Class 6 felony with a mandatory minimum term of confinement of six months if such judge is engaged in his public duties at the time of the offense. This bill is a recommendation of the Committee on District Courts and is identical to SB 144.

Aggravated murder; admission to bail; rebuttable presumption against bail; magistrates. Creates a rebuttable presumption against bail for certain criminal offenses enumerated in the bill. The bill requires the court to consider certain factors when determining whether the presumption against bail has been rebutted and whether there are appropriate conditions of release. The bill also expands the information a judicial officer can consider for determining bail, including any involuntary admission or commitment order within the previous three years, and provides that any person arrested for a felony who (i) has never been convicted of a violent offense, as defined in § 19.2-297.1, but his current arrest is for a violent felony, or (ii) has been convicted within the previous 10 years of three or more offenses, provided that each such offense is a Class 1 misdemeanor or felony and that the defendant has been at liberty between such convictions, may be released only upon a secure bond. The bill requires the judicial officer to file written findings if he grants bail in certain instances. Additionally, the bill requires the chief magistrate to file a written order with the Executive Secretary of the Supreme Court if a magistrate is suspended that states the reasons for such suspension, including a failure to issue such written findings. Lastly, the bill also provides that the willful, deliberate, and premeditated killing of any person while such person is on or within a vehicle operated by a public transportation service, as defined in relevant law, is guilty of aggravated murder.