Bill

Bill > HB933


VA HB933

VA HB933
Penalties for failure to appear; contempt, mitigating circumstances.


summary

Introduced
01/13/2026
In Committee
02/18/2026
Crossed Over
02/23/2026
Passed
Dead

Introduced Session

2026 Regular Regular Session

Bill Summary

Penalties for failure to appear; contempt. Provides that 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 who willfully fails to appear before any court or judicial officer as required is guilty of a misdemeanor punishable by no more than 30 days in jail. Under current law, such person is guilty of a Class 6 felony, if charged with a felony, or a Class 1 misdemeanor, if charged with a misdemeanor, for such a violation. The bill also provides that in determining whether a person willfully fails to appear, the court shall consider mitigating circumstances, including (i) an illness, an injury, or any other unforeseen medical condition; (ii) unforeseen transportation problems; (iii) an inability to obtain adequate dependent care; and (iv) any affirmative steps taken by a person to communicate or remedy his failure to appear before any court or judicial officer as required.

AI Summary

This bill modifies the penalties for failing to appear in court, particularly for individuals charged with or convicted of felonies or misdemeanors. Instead of facing felony or Class 1 misdemeanor charges for a willful failure to appear, the bill proposes that such an offense would be a misdemeanor punishable by no more than 30 days in jail. Importantly, the bill clarifies that "willfully fails to appear" means intentional conduct to avoid the judicial process, and it mandates that courts consider mitigating circumstances when determining willfulness. These mitigating circumstances include unforeseen medical conditions, transportation issues, inability to secure dependent care, and any efforts made by the individual to communicate or rectify their absence. This change aims to provide a more nuanced approach to penalties for failure to appear, acknowledging situations beyond a person's control.

Committee Categories

Justice

Sponsors (2)

Last Action

Passed Senate with substitute (20-Y 18-N 0-A) (on 02/23/2026)

bill text


bill summary

Loading...

bill summary

Loading...
Loading...