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1996 SESSION

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963434412
HOUSE BILL NO. 216 Offered January 10, 1996 A BILL to amend and reenact § 19.2-120 of the Code of Virginia, relating to right to bail. ---------- Patron-- Purkey ---------- Referred to Committee for Courts of Justice ----------

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.

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.

There shall arise a rebuttable presumption that a person who has, without cause, failed to appear in court on three or more prior occasions for trial or hearing as a defendant in a criminal matter will not appear for trial or hearing at such other time or place as may be directed.