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2005 SESSION

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HB 1542 Bail; denied due to multiple sex offenses.

Introduced by: Richard H. Black | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Release of a sex offender on bail. Extends the presumption against bail to situations where a person is arrested for a sex offense enumerated in § 18.2-67.5:2 and the person had previously been convicted of an offense that is substantially similar to one listed in § 18.2-67.5:2 under the laws of another state or the United States. Current law does not specify that an offense in another jurisdiction creates the same presumption as an enumerated Virginia offense.

SUMMARY AS PASSED HOUSE:

Release of a sex offender on bail. Provides that when a person is arrested for one of certain enumerated sex offenses listed in § 18.2-67.5:2 and the person had previously been convicted of any such offense or, as the bill now adds, a substantially similar offense under the laws of any state or the United States, he is presumed ineligible for release on bail. Under current law, it is not clear whether he would be ineligible for release if the prior offense were not a specifically enumerated Virginia offense.

SUMMARY AS INTRODUCED:

Release of a sex offender on bail. Provides that when a person is arrested for one of certain enumerated sex offenses listed in § 18.2-67.5:2 and the person had previously been convicted of any such offense or, as the bill now adds, a substantially similar offense under the laws of any state or the United States, he is presumed ineligible for release on bail. Under current law, it is not clear whether he would be ineligible for release if the prior offense were not a specifically enumerated Virginia offense. The bill also removes the requirement that the judicial officer, when making a bail eligibility determination, must find probable cause that the person committed the instant offense.