HB357 amends Virginia’s bail and pretrial release statutes, primarily §§ 19.2-120 and 19.2-123, governing when an accused person may be released on secured or unsecured bond and what factors a judicial officer must consider. The bill keeps the general rule that a person held pending trial is entitled to bail unless there is probable cause to believe they will not appear or that release would pose an unreasonable danger to themselves, family/household members, or the public. It expands and clarifies the list of factors a judicial officer may weigh, including the nature of the offense, firearm involvement, criminal history, community ties, prior failures to appear, probation or parole status, and evidence that the accused is pregnant, recently gave birth, or is nursing a child.
The bill also requires notice to the Commonwealth’s attorney when a person charged with an act of violence is released on bail, and it directs judicial officers to inform defendants of their right to appeal bail decisions. In addition, it allows a licensed bail bondsman, when a secured bond is set, to obtain a copy of the accused’s Virginia criminal history record for the limited purpose of determining reporting requirements, subject to a $15 fee deposited to the Literary Fund. The bill further reinforces that certain felony arrestees with prior felony convictions, pending unrelated bond, probation, or parole status may be released only on a secure bond unless waived with prosecutorial concurrence.
The bill’s impact is to adjust pretrial release procedures and bond-setting standards in Virginia, affecting judges, magistrates, prosecutors, defendants, and bail bondsmen. It preserves judicial discretion while adding more explicit statutory factors and procedural requirements, and it strengthens the role of criminal history information in bond decisions and bondsman supervision. It also codifies special consideration for pregnancy, recent childbirth, and nursing status in bail determinations.
No committee transcript or recorded vote information was provided, so the available context does not show formal debate or opposition. Based on the bill text, the measure appears to be a procedural criminal justice reform focused on pretrial release administration rather than a broad policy change. The inclusion of pregnancy-related factors and the expanded access to criminal history for bondsmen are the most likely areas to draw discussion, but no specific contention is documented in the supplied materials.
Overall, the bill appears to have been enacted as Chapter 123 and reflects a legislative effort to refine bail decision-making, public safety considerations, and pretrial supervision practices in Virginia.
HB357 amends §§ 19.2-120 and 19.2-123 of the Code of Virginia to modify bail and bond procedures for accused persons. It affects judicial officers, magistrates, prosecutors, defendants, and licensed bail bondsmen by expanding the factors used in bail determinations, requiring notice to prosecutors in violent-offense cases, authorizing limited access to criminal history records for bondsmen, and reinforcing secure-bond requirements for certain felony arrestees with prior felony, probation, parole, or pending bond status.
No committee discussion or vote record was provided, so there is no documented floor or committee sentiment in the supplied materials. From the text alone, the bill appears to have been treated as a technical but meaningful criminal procedure update, with an emphasis on public safety, court appearance assurance, and clearer pretrial release standards. The enacted chapter status suggests the measure ultimately received sufficient support for passage.
The supplied materials do not identify any specific points of contention or named opponents/supporters. Potentially sensitive provisions include the expanded use of criminal history in bail decisions, the secure-bond requirement for certain felony arrestees, and the new access granted to bail bondsmen to review criminal history records. Another notable policy choice is the explicit inclusion of pregnancy, recent childbirth, and nursing as factors in release decisions, which could prompt debate over how those circumstances should affect bail outcomes.