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2010 SESSION

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HB 291 Bail decision; specifies court which bond amount or term of recognizance should be appealed.

Introduced by: H. Morgan Griffith | all patrons    ...    notes | add to my profiles | history

SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION:

Appeal of bail decision. Specifies the court to which a bail decision, bond amount, or term of recognizance should be appealed. The proper court is determined based on where the initial determination was made and the court in which the charge is pending. The bill also streamlines the process by which an attorney for the Commonwealth makes a motion to increase bail. This bill is identical to SB 75.

SUMMARY AS PASSED:

Appeal of bail decision. Specifies the court to which a bail decision, bond amount, or term of recognizance should be appealed. The proper court is determined based on where the initial determination was made and the court in which the charge is pending. The bill also streamlines the process by which an attorney for the Commonwealth makes a motion to increase bail. This bill is identical to SB 75.

SUMMARY AS PASSED HOUSE:

Appeal of bail decision. Specifies the court to which a bail decision, bond amount, or term of recognizance should be appealed. The proper court is determined based on where the initial determination was made and the court in which the charge is pending. The bill also expands the ability of the attorney for the Commonwealth to appeal a bail decision and to make a motion to increase bond or revoke bail.

SUMMARY AS INTRODUCED:

Appeal of bail decision by attorney for the Commonwealth.  Provides that if a judicial officer (including a magistrate) grants bail to an accused that is deemed inadequate or unreasonable by the attorney for the Commonwealth, the attorney for the Commonwealth may appeal to the court in which the case is pending when bail was granted by a magistrate or, when granted by a court, to the next higher court. Current law limits such appeals to appeals of a court decision only, and only upon objection in court by the attorney for the Commonwealth.