Illegal aliens; presumption of no bail for those charged with certain crimes. (SB623)

Introduced By

Sen. Ken Stolle (R-Virginia Beach) with support from co-patron Del. Brian Moran (D-Alexandria)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Presumption of no bail for illegal aliens charged with certain crimes. Provides that a judicial officer shall presume, subject to rebuttal, that no condition or combination of conditions will reasonably assure the appearance of the person or the safety of the public if (i) the person is currently charged with an offense listed in subsection A of 19.2-297.1 (acts of violence), subsection C of 17.1-805 (acts of violence), or any felony offense under Chapter 4 ( 18.2-30 et seq.) of Title 18.2 (crimes against the person), any felony offense under Article 1 ( 18.2-247 et seq.) of Chapter 7 of Title 18.2 (drug offenses), or any offense under Articles 2 ( 18.2-266 et seq.), 4 ( 18.2-279 et seq.), 5 ( 18.2-288 et seq.), 6 ( 18.2-299 et seq.), or 7 ( 18.2-308 et seq.) of Chapter 7 of Title 18.2 (crimes involving health and safety), and (ii) the court determines that the person is illegally present in the United States. This presumption shall exist unless and until notification is received from the United States Immigration and Customs Enforcement that it does not intend to detain the person. Read the Bill »


Bill Has Passed


01/09/2008Prefiled and ordered printed; offered 01/09/08 081698838
01/09/2008Referred to Committee for Courts of Justice
01/28/2008Assigned Courts sub: Special on Immigration
02/11/2008Reported from Courts of Justice with substitute (12-Y 2-N 1-A) (see vote tally)
02/11/2008Committee substitute printed 089403328-S1
02/12/2008Read second time
02/12/2008Reading of substitute waived
02/12/2008Committee substitute agreed to 089403328-S1
02/12/2008Reading of amendments waived
02/12/2008Amendments #'s 1 and 2 by Senator Stolle agreed to
02/12/2008Amendment #3 by Senator Stolle agreed to
02/12/2008Engrossed by Senate - committee substitute with amendments SB623ES1
02/12/2008Printed as engrossed 089403328-ES1
02/12/2008Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/12/2008Passed Senate (34-Y 6-N) (see vote tally)
02/12/2008Communicated to House
02/14/2008Placed on Calendar
02/14/2008Read first time
02/14/2008Referred to Committee for Courts of Justice
02/26/2008Impact statement from DPB (SB623ES1)
02/29/2008Reported from Courts of Justice with amendment (17-Y 0-N)
03/04/2008Read second time
03/05/2008Read third time
03/05/2008Committee amendment agreed to
03/05/2008Engrossed by House as amended
03/05/2008Passed House with amendment (94-Y 2-N)
03/05/2008VOTE: --- PASSAGE (94-Y 2-N) (see vote tally)
03/05/2008Reconsideration of House passage agreed to by House
03/05/2008Passed House with amendment (96-Y 0-N)
03/05/2008VOTE: --- PASSAGE #2 (96-Y 0-N) (see vote tally)
03/06/2008House amendment rejected by Senate (3-Y 37-N)
03/06/2008House insisted on amendment
03/06/2008House requested conference committee
03/06/2008Senate acceded to request (36-Y 0-N)
03/06/2008Conferees appointed by Senate
03/06/2008Senators: Stolle, Saslaw, Deeds
03/06/2008Conferees appointed by House
03/06/2008Delegates: Albo, Kilgore, Armstrong
03/08/2008Reading of conference report waived
03/08/2008Conference report agreed to by Senate (39-Y 1-N)
03/08/2008Conference report agreed to by House (99-Y 0-N)
03/08/2008VOTE: --- ADOPTION (99-Y 0-N)
03/24/2008Bill text as passed Senate and House (SB623ER)
04/01/2008Bill text as passed Senate and House reprinted (SB623ER)
04/02/2008Signed by Speaker
04/03/2008Impact statement from DPB (SB623ER)
04/03/2008Signed by President
04/11/2008G Approved by Governor-Chapter 834 (effective 7/1/08)

Duplicate Bills

The following bills are identical to this one: HB779.


Mary Steele Yorktown VA writes:

There should be no bail at all, they are here illegally and should be held until they are cleared by locals and then immediately sent to Federal authorities for deportation.

These actions are working to deter illegals from coming here. The word is out in Mexico. Fewer are coming and many leave when there is no work for them. Do this across the country so we can focus on the ones that are here to do us harm!!

VirginiaImmigrantAdvocacy, tracking this bill in Photosynthesis, notes:

This bill creates a presumption against bail for persons who are not lawfully present in the United States who are arrested for certain crimes, including drunk driving.