VirginiaJudges would hear bail requests from people held without bail
For covered charges, judges would hear requests to change bail or release rules as soon as practical, usually within three days, except when good cause supports delay.
What it does
A person held without bail on a covered charge would be brought before a judge, who would explain the bail amount and right to a lawyer. The judge would hear requests about bail or release conditions.
In circuits with a public defender office, the chief judge would publish a plan for choosing lawyers, arranging hearings, and giving lawyers notice and access to people and bail information.
Argument forPeople who qualify for a lawyer may get help understanding their charge and bail, with time to speak privately before a hearing.
Argument againstEven with plans for handling surges, courts and lawyers could struggle to arrange timely hearings and private consultations when many people are detained at once.
More detail
A judge would hear requests about bail or release conditions and tell the person the bail amount and right to a lawyer. This covers people charged with an offense listed in § 19.2-157 who are not free on bail or otherwise. In jurisdictions with a public defender office, the court would appoint a public defender before the hearing if the person requests and qualifies for a lawyer. If the defender is not reasonably available, the court would appoint another lawyer. In those jurisdictions, counsel must have a reasonable chance to review bail information and, when practicable, consult with the person in private. Jurisdictions without a public defender office may use these procedures. The provisions would take effect January 1, 2027. A hearing on a bail request must happen as soon as practical and no later than three calendar days after the request, excluding Saturdays, Sundays, and legal holidays, unless there is good cause.
A chief judge would make a written plan for providing lawyers and arranging hearings. The plan must be available to the public. Proposed revisions must be public for at least 90 days before the plan is revised. In circuits with a public defender office, the plan must explain how lawyers will be chosen, when and where hearings will happen, how a surge in cases will be handled, and how lawyers will receive notice, access to people, and bail information. Circuits without a public defender office may use these procedures. The chief judge may form a committee to help prepare the plan. The plan must be completed by November 1, 2026. The planning provision takes effect in due course; the other provisions would take effect January 1, 2027.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jul 21Continued from last sessionLatest
- Mar 3Continued to next session in Finance and Appropriations (13-Y 0-N 1-A)
- Mar 2Fiscal Impact Statement from Department of Planning and Budget (HB127)
- Feb 23Committee substitute printed 26108450D-S1Major
- Feb 23Reported from Courts of Justice with substitute and rereferred to Finance and Appropriations (11-Y 3-N)Minor
- Feb 19Fiscal Impact Statement from Department of Planning and Budget (HB127)
- Feb 16Referred to Committee for Courts of JusticeMinor
- Feb 16Constitutional reading dispensed (on 1st reading)
- Feb 13Read third time and passed House (84-Y 10-N 0-A)Passed House
- Feb 12Engrossed by House - committee substitute as amendedMajor
- Feb 12committee amendment agreed toMajor
- Feb 12committee substitute agreed toMajor
- Feb 12Read second timeMinor
- Feb 11Read first timeMinor
- Feb 9Reported from Appropriations with amendment(s) (21-Y 1-N)Minor
- Feb 6Subcommittee recommends reporting with amendment(s) (7-Y 0-N)
- Feb 6House subcommittee offered
- Feb 5Assigned HAPP sub: General Government and Capital OutlayMinor
- Feb 4Committee substitute printed 26106177D-H1Major
- Feb 4Reported from Courts of Justice with substitute and referred to Appropriations (22-Y 0-N)Minor
- Feb 4Racial and Ethnic Impact Statement From JLARC (2/4/2026 11:49 am)
- Feb 4Racial and Ethnic Impact Statement From JLARC (2/4/2026 11:36 am)
- Jan 28Subcommittee recommends reporting with substitute and referring to Appropriations (9-Y 0-N)Major
- Jan 28House subcommittee offered
- Jan 22Assigned HCJ sub: CriminalMinor
- Jan 21Fiscal Impact Statement from Department of Planning and Budget (HB127)
- Jan 2Referred to Committee for Courts of JusticeMinor
- Jan 2Prefiled and ordered printed; Offered 01-14-2026 26101174DIntroduced
Criminal Justice