Virginia HB 127: Person not free on bail; court appearance, right to counsel.

Bill Text

2026 SESSION

INTRODUCED

26101174D

HOUSE BILL NO. 127

Offered January 14, 2026

Prefiled January 2, 2026

A BILL to amend and reenact §§ 19.2-158 and 19.2-159 of the Code of Virginia, relating to court appearance of a person not free on bail.

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Patrons—Callsen, Cousins and Schmidt

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Referred to Committee for Courts of Justice

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Be it enacted by the General Assembly of Virginia:

1. That §§ 19.2-158 and 19.2-159 of the Code of Virginia are amended and reenacted as follows:

§ 19.2-158. When person not free on bail shall be informed of right to counsel and amount of bail.

A. As used in this section, "bail information" means (i) the magistrate's bail determination checklist prepared pursuant to subsection B of § 19.2-121, (ii) any risk assessment instrument or interview results prepared pursuant to § 19.2-152.4:3, (iii) any available charging documents, and (iv) any other information in the court case file for the current charge relevant to the factors listed in § 19.2-120.

B. Every person charged with an offense described in § 19.2-157, who is not free on bail or otherwise, shall be brought before the judge of a court not of record, unless the circuit court issues process commanding the presence of the person, in which case the person shall be brought before the circuit court, on the first day on which such court sits after the person is charged, at which time the judge shall inform the accused of the amount of his bail and his right to counsel detained. If the court not of record sits on a day prior to the scheduled sitting of the court which that issued process, the person shall be brought before the court not of record. The judges of a judicial circuit and judges of the corresponding districts may coordinate with each other to ensure that a judge is available to conduct a hearing pursuant to this section for any person detained and required to appear before any court in that circuit.

C. Prior to a hearing conducted pursuant to this section, the court shall appoint a qualified and competent attorney-at-law to represent the person if such person requests and qualifies for the appointment of counsel pursuant to § 19.2-159. If a qualified and competent attorney-at-law is not reasonably available to provide representation at such hearing, the court shall appoint counsel and address the issue of bail or conditions of release as soon as practicable, but in no event later than three calendar days after such hearing, excluding Saturdays, Sundays, and legal holidays. All counsel, when practicable, shall be given access to the accused and the ability to review bail information a reasonable time prior to the start of any proceeding.

D. For a hearing conducted pursuant to this section:

1. The court shall advise the accused of (i) the nature of the charge or charges against him; (ii) his current bail; and (iii) his right to counsel;

2. Counsel for the accused, when practicable, shall be provided with adequate time and space in which counsel can consult with the accused, including private, secure electronic communications;

3. The court shall also hear and consider motions by the person or Commonwealth relating to may address the issue of bail or conditions of release pursuant to Article 1 (§ 19.2-119 et seq.) of Chapter 9 of this title if requested by the accused or the Commonwealth. If such issue is addressed, either the accused or the Commonwealth may make a subsequent motion to address the issue of bail or conditions of release in the court in which the charge is pending or appeal any decision pursuant to § 19.2-124. Absent good cause shown, a hearing on bail or conditions of release shall be held as soon as practicable but in no event later than three calendar days, excluding Saturdays, Sundays, and legal holidays, following the making of such motion. Nothing in this subdivision shall preclude either party from raising the issue of bail or conditions of release at a subsequent hearing based on a material change in circumstances or a violation of the terms and conditions previously set for the accused.

The attorney for the Commonwealth may participate in any proceeding conducted pursuant to this section.

No hearing on the charges against the accused shall be had until the foregoing conditions have been complied with, and the accused shall be allowed a reasonable opportunity to employ counsel of his own choice, or, if appropriate, the statement of indigence provided for in § 19.2-159 may be executed.

E. The chief judge in each circuit shall create a plan, in writing, that establishes the means by which the jurisdiction will meet the provisions described in this section. Such plan shall include (i) the method of selecting qualified attorneys to provide representation at the proceedings conducted pursuant to this section, including whether such representation will be provided by a public defender or private appointed counsel, or a combination thereof; (ii) the time and place of proceedings