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Developed and maintained by the Division of Legislative Automated Systems.
1996 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 19.2-120 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-120. Right to bail; use of bond to satisfy fines and costs.
An accused, or juvenile taken into custody pursuant to § 16.1-246 who is held in custody pending trial or hearing for an offense, civil or criminal contempt, or otherwise shall be admitted to bail by a judicial officer as defined in § 19.2-119, unless there is probable cause to believe that:
1. He will not appear for trial or hearing or at such other time and place as may be directed, or
2. His liberty will constitute an unreasonable danger to himself or the public.
If the judicial officer finds by clear and convincing evidence that the
accused or juvenile was within the preceding sixteen years convicted of an
offense listed in §§ 18.2-248, 18.2-248.01, 18.2-255, or §
18.2-255.2 that involves a Schedule I or II controlled substance, was
previously convicted as a "drug kingpin" as defined in § 18.2-248, or was
previously convicted of an act of violence as defined in § 19.2-297.1 and
finds probable cause to believe that the accused or juvenile who is currently
charged with one of these offenses committed the offense charged, then the
judicial officer shall presume, subject to rebuttal, that no condition or
combination of conditions will reasonably assure the appearance of the person
or the safety of the public.
The judicial officer shall inform the accused or juvenile of his right to appeal from the order denying bail or fixing terms of bond or recognizance consistent with § 19.2-124.