Bill > HB1847

This bill modifies Virginia's bail laws by creating a rebuttable presumption against bail for certain serious criminal offenses. Specifically, the bill establishes that for individuals charged with acts of violence, offenses with potential life imprisonment, or felonies committed while already on release pending a prior felony, there is a presumption that no bail conditions can adequately ensure public safety or the defendant's court appearance. However, judicial officers retain the discretion to set bail if they determine appropriate release conditions after considering factors such as the nature of the offense, the defendant's criminal history, community ties, employment, and potential risk of obstructing justice. The bill requires judicial officers to obtain the person's criminal history before bail hearings and to notify the Commonwealth's attorney when granting bail for violent offenses. Additionally, the bill provides a structured appeals process for bail decisions, allowing both defendants and prosecutors to challenge initial bail determinations, with specific procedural guidelines for appealing to higher courts and staying bail orders under certain circumstances.

https://lis.virginia.gov/bill-details/20251/HB1847