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2024 SESSION
24104572DBe it enacted by the General Assembly of Virginia:
1. That §§ 16.1-69.24, 18.2-456 and 19.2-128 of the Code of Virginia are amended and reenacted as follows:
§ 16.1-69.24. Contempt of court.
A. A judge of a district court shall have the same powers and jurisdiction as a judge of a circuit court to punish summarily for contempt, but in no case shall the fine exceed $250 and imprisonment exceed 10 days for the same contempt. From any such fine or sentence, there shall be an appeal of right within the period prescribed in this title and to the court or courts designated therein for appeals in other cases, and the proceedings on such appeal shall conform in all respects to the provisions of §§ 18.2-456 through 18.2-459.
B. Any person charged with a felony offense, misdemeanor
offense, or released on a summons pursuant to § 19.2-73 or 19.2-74 who fails to
appear before any court or judicial officer as required shall not be punished
for contempt under this provision but may be punished for such contempt
under subdivision A 6 of § 18.2-456 in accordance
with the procedures in § 19.2-11.
§ 18.2-456. Cases in which courts and judges may punish summarily for contempt.
A. The courts and judges may issue attachments for contempt, and punish them summarily, only in the following cases:
1. Misbehavior in the presence of the court, or so near thereto as to obstruct or interrupt the administration of justice;
2. Violence, or threats of violence, to a judge or officer of the court, or to a juror, witness, or party going to, attending, or returning from the court, for or in respect of any act or proceeding had, or to be had, in such court;
3. Vile, contemptuous, or insulting language addressed to or published of a judge for or in respect of any act or proceeding had, or to be had, in such court, or like language used in his presence and intended for his hearing for or in respect of such act or proceeding;
4. Misbehavior of an officer of the court in his official character; and
5. Disobedience or resistance of an officer of the court,
juror, witness, or other person to any lawful process, judgment, decree, or
order of the court;
and
6. Willful
failure to appear before any court or judicial officer as required after having
been charged with a felony offense or misdemeanor offense or released on a
summons pursuant to § 19.2-73 or 19.2-74.
B. The judge shall indicate, in writing, under which subdivision in subsection A a person is being charged and punished for contempt.
C.
Nothing in subdivision A 6 shall be construed to prohibit prosecution under §
19.2-128. If a person does
not appear in court as required, the court may only issue a rule to show cause
returnable at a future date for the person's
appearance. If the person fails to appear at the show cause hearing, the
court may issue a capias.
§ 19.2-128. Penalties for failure to appear.
A. Whoever, having been released pursuant to this chapter or §
19.2-319 or on a summons pursuant to § 19.2-73 or §
19.2-74, willfully fails to appear before any court or judicial officer as
required, shall, after notice to all interested parties, incur a forfeiture of
any security which that may have been given or
pledged for his release, unless one of the parties can show good cause for
excusing the absence, or
unless the court, in its sound discretion, shall determine that neither the
interests of justice nor the power of the court to conduct orderly proceedings
will be served by such forfeiture. For purposes of this
subsection, when the court determines whether a non-appearance was willful the
court shall consider mitigating circumstances. These circumstances may include
(i) an illness, injury, or other unforeseen medical condition; (ii)
unforeseen transportation problems; or (iii)
an inability to obtain adequate dependent care.
B. Any person (i) charged with a felony offense or misdemeanor offense or (ii)
convicted of a felony offense or misdemeanor
offense and execution of sentence is suspended pursuant to
§ 19.2-319 who willfully fails to appear before any court as required shall be guilty of a Class 6 felony may be punished for contempt in
accordance with the procedures
in § 19.2-11.
C. Any person (i)
charged with a misdemeanor offense or (ii) convicted of a misdemeanor offense
and execution of sentence is suspended pursuant to § 19.2-319 who willfully
fails to appear before any court as required shall be guilty of a Class 1
misdemeanor. The provisions
of this section shall not apply to any person who is (i)
incarcerated in any correctional facility
or (ii)
(a) detained in
any state or federal facility or (b)
in the custody of a
law-enforcement officer at
the time such person is required to appear before any court or judicial
officer.