Virginia HB 1461: Appeal from bail, bond, or recognizance order; a court may stay the execution.

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2020 SESSION

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20103170D

HOUSE BILL NO. 1461 

Offered January 8, 2020 

Prefiled January 8, 2020 

A BILL to amend and reenact � 19.2-124 of the Code of 
 Virginia, relating to appeal from bail, bond, or recognizance order. 
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Patron-- Scott 

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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 � 19.2-124 of the Code of Virginia is amended and 
 reenacted as follows:

� 19.2-124. Appeal from bail, bond, or recognizance order.

A. If a judicial officer denies bail to a person, requires 
 excessive bond, or fixes unreasonable terms of a recognizance under this 
 article, the person may appeal the decision of the judicial officer.

B. 1. If 
 the initial bail decision on a charge brought by a warrant or district court 
 capias is made by a magistrate, clerk, or deputy clerk, the person shall first 
 appeal to the district court in which the case is pending.

2. If 
 the initial bail decision on a charge brought by direct indictment or 
 presentment or circuit court capias is made by a magistrate, clerk, or deputy 
 clerk, the person shall first appeal to the circuit court in which the case is 
 pending.

3. If 
 the appeal of an initial bail decision is taken on any charge originally 
 pending in a district court after that charge has been appealed, certified, or 
 transferred to a circuit court, the person shall first appeal to the circuit 
 court in which the case is pending.

4. Any 
 bail decision made by a judge of a court may be appealed successively by the 
 person to the next higher court, up to and including the Supreme Court of 
 Virginia, where permitted by law.

5. The 
 bail decision of the higher court on such appeal, unless the higher court 
 orders otherwise, shall be remanded to the court in which the case is pending 
 for enforcement and modification. The court in which the case is pending shall 
 not modify the bail decision of the higher court, except upon a change in the 
 circumstances subsequent to the decision of the higher court.

B. C. The attorney for the 
 Commonwealth may appeal a bail, bond, or recognizance decision to the same 
 court to which the accused person is required to appeal under subsection A B.

C. 
 In a matter not governed by subsection B or C of � 19.2-120 or � 19.2-120.1, 
 the D. 
 The court granting or denying such 
 bail may, upon appeal thereof, and for good cause shown, stay execution of such 
 order for so long as reasonably practicable, 
 but in no event 
 more than three days, for the party to 
 obtain an expedited hearing before the next higher court. 
 When a district court grants bail over the presumption against bail in a matter 
 that is governed by subsection B or C of � 19.2-120 or � 19.2-120.1, and upon 
 notice by the Commonwealth of its appeal of the court's decision, the court 
 shall stay execution of such order for so long as reasonably practi