HOUSE BILL NO. 715 House Amendments in [ ] – February 6, 2008 A BILL to amend and reenact § 19.2-130 of the Code of Virginia, relating to resetting of bail, amending bail set upon arrest. ---------- Patron Prior to Engrossment--Delegate Janis ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1.  That § 19.2-130 of the Code of Virginia is amended and reenacted as follows:

§ 19.2-130. Bail in subsequent proceeding arising out of initial arrest.

Any person admitted to bail by a judge or clerk of a district court or by a magistrate shall not be required to be admitted to bail in any subsequent proceeding arising out of the initial arrest unless the court having jurisdiction of such subsequent proceeding deems the initial amount of bond or security taken inadequate or excessive. The court may [ , upon notice to both the attorney for the Commonwealth and to the defendant and an opportunity to be heard, ] initiate the proceeding on its own motion. When the court having jurisdiction of the proceeding believes the amount of bond or security inadequate or excessive, it may increase change the amount of such bond or security, or require new and additional sureties, or set other terms of bail as are appropriate to the case, including, but not limited to, drug and alcohol monitoring.

HOUSE BILL NO. 715 Offered January 9, 2008 Prefiled January 8, 2008 A BILL to amend and reenact § 19.2-130 of the Code of Virginia, relating to resetting of bail, amending bail set upon arrest. ---------- Patron-- Janis ---------- Committee Referral Pending ----------

Be it enacted by the General Assembly of Virginia:

1.  That § 19.2-130 of the Code of Virginia is amended and reenacted as follows:

§ 19.2-130. Bail in subsequent proceeding arising out of initial arrest.

Any person admitted to bail by a judge or clerk of a district court or by a magistrate shall not be required to be admitted to bail in any subsequent proceeding arising out of the initial arrest unless the court having jurisdiction of such subsequent proceeding deems the initial amount of bond or security taken inadequate or excessive. The court may initiate the proceeding on its own motion. When the court having jurisdiction of the proceeding believes the amount of bond or security inadequate or excessive, it may increase change the amount of such bond or security, or require new and additional sureties, or set other terms of bail as are appropriate to the case, including, but not limited to, drug and alcohol monitoring.