Bill
Bill > HB240
summary
Introduced
01/08/2026
01/08/2026
In Committee
01/08/2026
01/08/2026
Crossed Over
Passed
Dead
Introduced Session
2026 Regular Regular Session
Bill Summary
Admission to bail; fixing terms of bail; mental health considerations. Requires the judicial officer, prior to conducting any hearing on the issue of bail, release, or detention, to obtain the person's criminal history and any emergency custody or temporary detention order or involuntary admission issued for such person. The bill also requires the judicial officer to consider any emergency custody or temporary detention order or involuntary admission issued for the person when determining admission to bail. Lastly, the bill requires the judicial officer to take into account the following factors in fixing the terms of bail if such person is admitted to bail: (i) whether the person is likely to obstruct or attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure, or intimidate a family or household member as defined in relevant law; (ii) the history of the accused or juvenile, including medical, mental health, including any emergency custody or temporary detention order or involuntary admission issued pursuant to relevant law, or substance abuse treatment; (iii) any evidence the person provided indicating that such person (a) is currently pregnant, (b) has recently given birth, or (c) is currently nursing a child; and (iv) whether such person will be an unreasonable danger to himself, family or household members as defined in relevant law, or the public.
AI Summary
This bill requires judicial officers, before holding a hearing on bail, release, or detention, to obtain and review the person's criminal history and any existing emergency custody, temporary detention, or involuntary admission orders related to mental health. When deciding on bail, the judicial officer must consider these mental health orders and also assess factors such as the likelihood of the person obstructing justice or threatening family members, their history of medical, mental health, or substance abuse treatment, any evidence of pregnancy, recent childbirth, or nursing a child, and whether they pose an unreasonable danger to themselves, family, or the public. These considerations are intended to help fix bail terms that ensure the person's appearance in court and their good behavior while awaiting trial.
Committee Categories
Justice
Sponsors (7)
Debra Gardner (D)*,
Kacey Carnegie (D),
Nadarius Clark (D),
Nicole Cole (D),
J.R. Henson (D),
Karen Keys-Gamarra (D),
Rodney Willett (D),
Last Action
Continued to next session in Courts of Justice (Voice Vote) (on 02/11/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://lis.virginia.gov/bill-details/20261/HB240 |
| BillText | https://lis.virginia.gov/bill-details/20261/HB240/text/HB240HC1 |
| Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (HB240) | https://lis.blob.core.windows.net/files/1091926.PDF |
| BillText | https://lis.virginia.gov/bill-details/20261/HB240/text/HB240 |
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