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2003 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 19.2-143 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-143. Where default recorded; process on recognizance; forfeiture on recognizance; when copy may be used; cash bond.
When a person, under recognizance in a case, either as party or witness, fails
to perform the condition of appearance thereof, if it is to appear before a
court of record, or a district court, a hearing shall be held upon reasonable
notice to all parties affording them opportunity to show cause why the
recognizance or any part thereof should not be forfeited. The show cause notice
shall be issued within forty-five 45 days of the breach of the condition of
appearance.
If the court finds the recognizance or any part thereof should be forfeited,
the default shall be recorded therein, unless, the defendant or juvenile is
brought before the court within sixty 60 days of the findings of default. After
sixty 60 days of the finding of default, his default shall be recorded therein,
and if it is to appear before a district court, his default shall be entered by the judge of such
court, on the page of his docket whereon the case is docketed case papers
unless the defendant or juvenile has been delivered or appeared before the
court. The process on any such forfeited recognizance shall be issued from the
court before which the appearance was to be, and wherein such forfeiture was
recorded or entered. Any such process issued by a judge when the penalty of the
recognizance so forfeited is in excess of the maximum jurisdictional amount
specified in § 16.1-77 (1) shall be made returnable to the circuit court of his
county or city, and when not in excess of such amount it shall be made
returnable before, and tried by, such judge, who shall promptly transmit to the
clerk of the circuit court of his county or city wherein deeds are recorded an
abstract of such judgment as he may render thereon, which shall be forthwith
docketed by the clerk of such court.
If the defendant or juvenile appears before or is delivered to the court within
twelve 12 months of the findings of default, the court shall remit any bond
previously ordered forfeited by the courts, less such costs as the court may direct.
If it is brought to the attention of the court that the defendant or juvenile
is incarcerated in another state or country within twelve 12 months of the
finding of default, thereby preventing his delivery or appearance within that
period, the court shall remit any bond previously ordered forfeited. If the
defendant or juvenile left the Commonwealth with the permission of the court,
the bond shall be remitted without deduction of costs; otherwise, the cost of
returning him to the Commonwealth shall be deducted from the bond.
Evidence that the defendant or juvenile is incarcerated or subject to court process in another jurisdiction on the day his appearance is required or a medical certificate from a duly licensed physician that the defendant was physically unable to so appear shall be considered evidence of good cause why the recognizance should not be forfeited.
If such recognizance so forfeited is not for such appearance, process thereon shall be issued from the court in which it was taken, or the court to which it was made returnable, and in a proceeding in one court on a recognizance entered in another a copy thereof shall be evidence in like manner as the original would be if it had been entered in the court wherein the proceeding is being had thereon.
However, when any defendant or juvenile who posted a cash bond and failed to appear is tried in his absence and is convicted, the court or judge trying the case shall first apply the cash bond, or so much thereof as may be necessary, to the payment of any fines or costs, or both, adjudged against the defendant or juvenile or imposed by law. Any remaining funds shall be forfeited without further notice. However, if a rehearing is granted, the court may remit part or all of such cash bond not applied ultimately to fines or costs, and order a refund of the same by the State Treasurer, but only if good cause is shown.
If the defendant or juvenile posted a cash bond and failed to appear, but is
not tried in his absence, the bond shall be forfeited promptly without further
notice. However, if the defendant or juvenile appears in court within sixty 60
days after the bond is forfeited, the judge may remit part or all of any bond previously
forfeited and order a refund of the same by the State Treasurer.