Circuit court; failure to appear in accordance with condition of bail, etc. (HB1765)

Introduced By

Del. David Bulova (D-Fairfax)

Progress

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

Description

Appeal to circuit court; failure to appear. Provides that if any person convicted of a misdemeanor in a general district court, a juvenile and domestic relations district court, or a court of limited jurisdiction perfects an appeal and (i) fails to appear in circuit court at the time for setting the appeal for trial, (ii) fails to appear in circuit court on the trial date, or (iii) absconds from the jurisdiction, the circuit court shall enter an order affirming the judgment of the lower court, and the clerk shall tax the costs as provided by statute. Amends § 19.2-258, of the Code of Virginia. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/09/2017Committee
01/09/2017Prefiled and ordered printed; offered 01/11/17 17102515D
01/09/2017Referred to Committee for Courts of Justice
01/13/2017Assigned Courts sub: Criminal Law
01/18/2017Subcommittee recommends reporting with substitute (8-Y 3-N)
01/27/2017Reported from Courts of Justice with substitute (11-Y 10-N) (see vote tally)
01/27/2017Committee substitute printed 17104518D-H1
01/31/2017Read first time
02/01/2017Read second time
02/01/2017Committee substitute agreed to 17104518D-H1
02/01/2017Engrossment refused by House (45-Y 49-N 1-A)
02/01/2017VOTE: ENGROSSMENT REFUSED (45-Y 49-N 1-A) (see vote tally)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 2 minutes.

Transcript

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



Del. David Bulova (D-Fairfax): WHEN SHE TURNED TO HER PARENTS FOR HELP, MY CONSTITUENT CONFRONTED THE INDIVIDUAL, AS ALMOST ANY GOOD FATHER WOULD, AT THAT TIME THE INDIVIDUAL THEN PROCEEDED TO ASSAULT MY CONSTITUENT IN FRONT OF HIS DAUGHTER AND IN FRONT OF HIS WIFE. THE POLICE WERE CALLED. THE INDIVIDUAL WAS ARRESTED. HE WAS TRIED, AND HE WAS FOUND GUILTY IN ONE OF OUR GENERAL DISTRICT COURTS. THEN HE WAS SENTENCED TO TWO MONTHS IN CONFINEMENT, AND THEN 10 MONTHS PROBATION. AS WAS HIS RIGHT IN VIRGINIA, THE INDIVIDUAL THEN APPEALED THE CONVICTION, AND THAT MEANS THE APPEAL RESULTS IN VACATING THE ORIGINAL FIND BEING OF GUILT, AND THAT TRIGGERS A COMPLETELY NEW TRIAL IN CIRCUIT COURT. MR. SPEAKER, TO THE DISMAY OF THAT FAMILY, HOWEVER, THAT VIOLENT INDIVIDUAL DIDN'T SHOW UP IN COURT THAT DAY. AND IN FACT, NEVER CONTACTED THE COURT AGAIN. AND WHILE THERE IS A WARRANT OUT FOR THIS INDIVIDUAL'S ARREST, TODAY HE IS A FREE MAN, AND HE IS NOT GUILTY OF THE CRIME OF ASSAULT AND BATTERY THAT HE WAS ORIGINALLY CONVICTED IN GENERAL DISTRICT COURT. IT IS POSSIBLE THE INDIVIDUAL BE CAUGHT, BUT I DON'T THINK ANYBODY IN COMMITTEE DISAGREED WITH THE NOTION THAT THE LONGER YOU WAIT TO DO A RETRIAL, IT'S MUCH MORE DIFFICULT IN ORDER TO ACCOMPLISH THAT AS PARTIES MOVE ON, AS THEY RETIRE, AS PEOPLE FORGET DETAILS. AND THE MEMBERS OF THE SUBCOMMITTEE ALSO DISCUSSED THAT IT IS POSSIBLE TO TRY SOMEBODY IN ABSTENTIA. HOWEVER, THE CIRCUIT COURT CAN'T SENTENCE SOMEBODY IN ABSTENTIA. AND SO TO THE REST OF THE WORLD WITH REGARD TO POLICE RECORDS, WITH REGARD TO ANYTHING YOU CAN RUB ON AN