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1997 SESSION


CHAPTER 476
An Act to amend and reenact 19.2-120 of the Code of Virginia, relating to bail.
[H 1044]
Approved March 18, 1997

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 (i) within the preceding sixteen years, 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, or (ii) the accused or juvenile had previously been convicted of an offense listed in subsection B of 18.2-67.5:2 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.