Bail appeal; presumption against bail. (SB285)

Introduced By

Sen. Don McEachin (D-Richmond) with support from co-patrons Del. Lamont Bagby (D-Richmond), Del. Joe Lindsey (D-Norfolk), Del. Delores McQuinn (D-Richmond), and Del. Marcus Simon (D-Falls Church)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Bail appeal; presumption against bail. Requires the court to stay the imposition of its order granting bail in cases where there was a presumption against bail if the court receives notice that the Commonwealth is going to appeal the court's decision. The stay is limited to seven business days but can be waived if the defendant requests a hearing outside the seven business days. Read the Bill »

Status

03/10/2016: Passed the General Assembly

History

DateAction
01/07/2016Prefiled and ordered printed; offered 01/13/16 16101987D
01/07/2016Referred to Committee for Courts of Justice
01/27/2016Reported from Courts of Justice with amendment (11-Y 4-N) (see vote tally)
01/27/2016Reported from Courts of Justice with amendments (10-Y 4-N) (see vote tally)
01/29/2016Constitutional reading dispensed (36-Y 0-N) (see vote tally)
02/01/2016Read second time
02/01/2016Reading of amendments waived
02/01/2016Committee amendments agreed to
02/01/2016Engrossed by Senate as amended SB285E
02/01/2016Printed as engrossed 16101987D-E
02/02/2016Read third time and passed Senate (33-Y 7-N) (see vote tally)
02/05/2016Placed on Calendar
02/05/2016Read first time
02/05/2016Referred to Committee for Courts of Justice
02/16/2016Assigned App. sub: Criminal Law
02/16/2016Assigned Courts sub: Criminal Law
02/29/2016Subcommittee recommends reporting with amendment(s) (11-Y 0-N)
03/02/2016Reported from Courts of Justice with amendments (22-Y 0-N) (see vote tally)
03/04/2016Read second time
03/07/2016Read third time
03/07/2016Passed by temporarily
03/07/2016Committee amendments agreed to
03/07/2016Engrossed by House as amended
03/07/2016Passed House with amendments BLOCK VOTES (96-Y 0-N)
03/07/2016VOTE: BLOCK VOTE PASSAGE (96-Y 0-N) (see vote tally)
03/08/2016House amendments agreed to by Senate (40-Y 0-N) (see vote tally)
03/10/2016Enrolled
03/10/2016Bill text as passed Senate and House (SB285ER)
03/10/2016Signed by Speaker
03/10/2016Signed by President
03/11/2016G Governor's Action Deadline Midnight, Monday, April 11, 2016
03/11/2016Enrolled Bill Communicated to Governor on 3/11/16
03/11/2016G Governor's Action Deadline Midnight, Sunday, April 10, 2016

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 3 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.



Del. Bill Howell (R-Fredericksburg): HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 39, NOS ONE. AYES 39, NOS ONE. THE BILL PASSES. SENATE BILL 285, A BILL RELATING TO APPEAL FROM BAIL, THE SENIOR SENATOR FROM HENRICO, SENATOR McEACHIN.

Sen. Don McEachin (D-Richmond): MR. PRESIDENT, I MOVE THE BILL PASS AND SPEAKING TO THE MOTION.

[Unknown]: THE SENATOR HAS THE FLOOR.

Sen. Don McEachin (D-Richmond): MR. PRESIDENT, MEMBERS OF THE SENATE, SENATE BILL 285 HAS TO DO WITH BAIL. AS YOU KNOW, WE HAVE A CERTAIN STATUTORY SCHEME IN THIS COMMONWEALTH WHERE WE AS A LEGISLATIVE BODY HAVE SAID THAT CERTAIN CRIMES, IF COMMITTED, THE PERSON IS NOT ENTITLED TO BAIL. THAT PRESUMPTION CAN BE OVERCOME BY A JUDGE WHO DECIDES THAT, GIVEN THE FACTS AND CIRCUMSTANCES OF THE CASE THAT, PERHAPS BAIL SHOULD BE GIVEN IN THIS PARTICULAR CIRCUMSTANCE. WHAT THIS BILL SEEKS TO DO IS WHEN THAT DETERMINATION IS DONE AT THE GENERAL DISTRICT COURT LEVEL, THE GENERAL DISTRICT COURT JUDGE THEN HAS TO STAY THE MATTER FOR FIVE DAYS OR FOR NO MORE THAN FIVE DAYS TO ALLOW THE COMMONWEALTH TO APPEAL THE MATTER TO THE CIRCUIT COURT. THIS HAS BROUGHT TO ME BY THE COMMONWEALTH ATTORNEY'S OFFICE FROM THE CITY OF RICHMOND. IT IS SUPPORTED BY THE COMMONWEALTH ATTORNEYS ASSOCIATION. I HOPE IT WILL BE THE PLEASURE OF THE SENATE TO PASS THE BILL.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS SHALL SENATE BILL 285 ALL IN FAVOR OF THE MOTION WILL RECORD THEIR VOTES AYE, THOSE OPPOSED NO.