SB 643 — Failure to appear; contempt of court, penalties.

SESSION INTRODUCEDSENATE 24104572DSUBSTITUTE I24107311D SENATE BILL NO.

643 OfferedAMENDMENT JanuaryIN 11,THE 2024NATURE NOF A SUBSTITUTE (Proposed by the Senate Committee for Courts of Justice on February 7, 2024) (Patrons Prior to Substitute––Senators Aird and Deeds) A BILL to amend and reenact §§ 16.1-69.24, 18.2-45618.2-456, and 19.2-128 of the Code of Virginia, relatTngrelating to penaltiesBe forit failureenacted toby appear;the General Assembly of Virginia:

contempt.1.

––––––––––That R§§ Patrons––Ai––––––––––and16.1-69.24, Carroll18.2-456, Foyand O19.2-128 Referredof tothe CommitteeCode for Courts of JusticeVirginia ––––––––––are Damended Beand itreenacted enactedas byfollows: the General Assembly of Virginia:

U§ 1.16.1-69.24.

That §§ 16.1-69.24, 18.2-456 and 19.2-128 of the Code of Virginia are amended and reenacted as follows:

C § 16.1-69.24.

E A.

A judge of a district court shall have the same powers and jurisdiction as a judge of a circuit court to punish summarily for contempt, but in no case shall the fine exceed $25010 anddays imprisonment within the period prescribed in this title and to the court or courts designated therein for appeals in other cases, and the proceedingssame oncontempt. such appeal shall conform in all respects to the provisions of §§ 18.2-456 through 18.2-459.

From any such fine or sentence, there shall be an appeal of right within the period prescribed in this title and to the court or courts designated therein for appeals in other cases, and the proceedings on such appeal shall conform in all respects to the provisions of §§ 18.2-456 through 18.2-459.

Any person charged with a felony offense, misdemeanor offense, or released on a summons N pursuant to § 19.2-73 or 19.2-74 who fails to appear before any court or judicial officer as required shall notsubdivision beA punished6 forof contemptpursuant underto this§ provision18.2-456 but19.2-128.ut may shall be punished for such contempt underuAder subdivision A 6 of § 18.2-45618.2-456. in accordance with the procedures in § 19.2-11.

S § 18.2-456.

6T A.

The courts and judges may issue attachments for contempt, and punish them summarily, only3inonly in the following cases:

administrationE of1. justice;resence of the court, or so near thereto as to obstruct or interrupt the 2.

Violence,Misbehavior orin threatsthe ofpresence violence, to a judge or officer of the court, or toso anear juror,thereto witness,as orto partyobstruct going to, attending, or returninginterrupt from the court,administration for or in respect of anyjustice; act or proceeding had, or to be had, in such court;

3.going to, attending, or returning from the court, for or in respect of any act or proceeding had, or to bety had, in such court;

Vile,S contemptuous,3. or insulting language addressed to or published of a judge for or in respect of any act or proceeding had, or to be had, in such court, or like language used in his presence and intended for his hearing for or in respect of such act or proceeding;

34Vile, 4.contemptuous, or insulting language addressed to or published of a judge for or in Uespect of any act or proceeding had, or to be had, in such court, or like language used in his presence aBd intended for his hearing for or in respect of such act or proceeding;

Misbehavior5. of an officer of the court in his official character;

andDisobedience 35or 5.resistance of an officer of the court, juror, witness, or other person to any lawful process, judgment, decree, or order of the court;

Disobedienceand orT resistance: of an officer of the court, juror, witness, or other person to any lawful 37 pro6.

Willful36 failure6. to appear before any court or judicial officer as required after having been charged 38 with a felony offense or misdemeanor offense or released on a summons pursuant to § 19.2-73 or 39 19.2-74.

B.Willful failure to appear before any court or judicial officer as required after having been charged 37 with a felony offense or misdemeanor offense or released on a summons pursuant to § 19.2-73 or I 38 19.2-74.

TheT judge39 shallB. indicate, in writing, under which subdivision in subsection A a person is being charged and punished for contempt.

C.The judge shall indicate, in writing, under which subdivision in subsection A a person isUbeing chaC.

IfAny person charged with a personfelony doesoffense, notmisdemeanor appearoffense, inor courtreleased ason required,a thesummons courtpursuant maytoT only§ issue19.2-73 aor rule19.2-74 who fails to showappear causebefore returnableany atcourt ashall futurebe dateprosecuted forpursuant theto person's§ appearance.19.E-128.

If§ the19.2-128. person fails to appear at the show cause hearing, the court may issue a capias.

Penalties for failure to appear.

Whoever, having been released pursuant to this chapter or § 19.2-319 or on a summons pursuant to § 19.2-73 or § 19.2-74, willfully fails to appear before any court or judicial officer as required, shall, after notice to all interested parties, incur a forfeiture of any security which that may have been given oror, pledged for his release, unless one of the parties can show good cause for excusing the absence, or unless the court, in its sound discretion, shall determine that neither the interests of justice nor the power of the court to conduct orderly proceedings will be served by such forfeiture.

For purposes of this subsection, when the court determines whether a non-appearance was willfulwillful, the court shall considerconSider mitigating circumstances.

These circumstances may include (i) an illness, injury, or other unforeseenunfo6eseen medicaldependent condition;care.

(ii)The unforeseenprovisions transportationof problems;this section shall not apply to any person who is (a) incarcerated in any correctional facility;

(b) (1) detained in any state or (iii)federal anfacility inabilityor (2) in the custody of a law-enforcement officer at the time such person is required to obtainappear adequatebefore depB.any court or judicial officer;

Any person (i) charged with a felony offense or misdemeanor(c) offensehas or (ii) convicted of a felonymatter offensescheduled or misdemeanor offense and execution of sentence is suspended pursuant to § 19.2-319 who SB643 2 of 2 willfully fails to appear before anyanother court asand requiredappears shallbefore besuch guiltycourt ofon a Class 6 felony may be punished for contempt in accordance with the proceduressame indate. § 19.2-11.

B.

Any person (i) charged with a felony any offense or (ii) convicted of a felony any offense and for SB643S1 2 of 2 whom execution of sentence is suspended pursuant to § 19.2-319 who willfully fails to appear before any court as required shall be is guilty of a Class 6 felony contempt punishable by a fine of no more than $100 or imprisonment of no more than two days, either or both.

TheIf provisionsa ofperson thisdoes section shall not applyappear to any person who is (i) incarcerated in anycourt correctionalas facilityrequired, orthe (ii)court (a)shall detainedfirst inissue anya staterule orto federalshow facilitycause orsummons (b)returnable inat the custody of a law-enforcementfuture officerdate atfor the time such personperson's isappearance. required to appear before any court or judicial officer.

If such person fails to appear at the show cause hearing, the court may issue a capias.