SB1135: Continuances; appearance of parties.


SENATE BILL NO. 1135
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee for Courts of Justice
on February 4, 2013)
(Patron Prior to Substitute--Senator Norment)
A BILL to amend the Code of Virginia by adding in Article 5 of Chapter 15 of Title 19.2 a section numbered 19.2-266.3, relating to continuances; appearances.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Article 5 of Chapter 15 of Title 19.2 a section numbered 19.2-266.3 as follows:

§ 19.2-266.3. Continuances; appearances of parties.

When the court grants a continuance in advance of the date of a scheduled trial or hearing, if the defendant acknowledges in writing, on a form provided by the Office of the Executive Secretary of the Supreme Court, that he promises to appear in court on the date and time of the newly scheduled trial or hearing, the court shall not require counsel or the defendant to appear on the date when the trial or hearing was originally scheduled. However, if the defendant is in violation of the terms of his pretrial release or has failed to appear at any court proceeding, the court may require the defendant to appear on the date when the trial or hearing was originally scheduled as a condition of any continuance granted.

SENATE BILL NO. 1135

Offered January 9, 2013
Prefiled January 9, 2013
A BILL to amend the Code of Virginia by adding in Article 5 of Chapter 15 of Title 19.2 a section numbered 19.2-266.3, relating to continuances; appearances.
Patron-- Norment

Referred to Committee for Courts of Justice

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding in Article 5 of Chapter 15 of Title 19.2 a section numbered 19.2-266.3 as follows:

19.2-266.3. Continuances; appearances of parties.

When the court grants a continuance in advance of the date of the originally scheduled trial or hearing, the court cannot require the parties or their counsel to appear at the originally scheduled hearing.