Illegal immigrant; admission to bail. (HB2322)

Introduced By

Del. Todd Gilbert (R-Woodstock)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Criminal procedure; admission to bail. Adds a presumption, subject to rebuttal, against admitting to bail any alien who is present in the United States illegally, as verified by the Law Enforcement Support Center of the Bureau of Immigration and Customs Enforcement of the United States Department of Homeland Security or as verified by any other credible information. Read the Bill »


Bill Has Failed


01/09/2007Prefiled and ordered printed; offered 01/10/07 070409306
01/09/2007Referred to Committee for Courts of Justice
01/16/2007Assigned Courts sub: Criminal Law
02/01/2007Impact statement from DPB (HB2322)
02/03/2007Committee substitute printed 077842306-H1
02/03/2007Read first time
02/05/2007Read second time
02/05/2007Committee substitute agreed to 077842306-H1
02/05/2007Amendment by Delegate Hurt withdrawn
02/05/2007Amendment by Delegate Gilbert agreed to
02/05/2007Engrossed by House - committee substitute with amendment HB2322EH1
02/05/2007Printed as engrossed 077842306-EH1
02/06/2007Read third time and passed House (92-Y 5-N)
02/06/2007Communicated to Senate
02/07/2007Constitutional reading dispensed
02/07/2007Referred to Committee for Courts of Justice
02/15/2007Impact statement from DPB (HB2322EH1)
02/19/2007Passed by indefinitely in Courts of Justice (11-Y 4-N) (see vote tally)


Aaron Cook writes:

I would be interested in any studies to support the conclusion that undocumented immigrants are in fact less likely to appear in court or are a greater danger to the community (the two issues addressed by bail) than defendants who are documented. I am an attorney in a community with a large immigrant population. Anecdotally, my foreign clients are generally more likely to keep in touch with me and to appear in court than my native clients; and my undocumented clients are not a greater flight risk than my documented clients. It used to surprise me, but my undocumented clients charged with very serious offenses keep showing up to court, even through the sentencing phase.