Virginia 2027 Regular Session Status: In Committee

SB 412 — Court appearance of a person not free on bail; changes to provisions regarding hearings.

Last action — Continued from last session

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House of Delegates
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the Senate. Introduced January 13, 2026. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the Senate.

Prognosis

Stalled 14% · moderate confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • In Committee

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

In plain language

The bill modifies provisions related to bail hearings and the appointment of counsel.

This bill changes how bail hearings are conducted, ensuring that accused individuals have legal representation and sufficient time to prepare. It also mandates the creation of a plan by the chief judge for implementing these changes by November 2026.

What this means for you
  • Workers: If you’re accused of a crime, you’ll have the right to legal counsel and more time to prepare for your bail hearing.

Summary

Court appearance of a person not free on bail. Makes various changes to provisions regarding bail hearings, including (i) the appointment of counsel for the accused; (ii) the information provided to counsel for the accused; (iii) a requirement that counsel for the accused, when practicable, be provided with adequate time to confer with the accused prior to any bail hearing; and (iv) the compensation of counsel for the accused. The bill provides that, effective in due course, the chief judge in each circuit shall create a plan to be completed by November 1, 2026, that establishes the means by which the jurisdiction will meet such provisions. The remaining provisions of the bill have a delayed effective date of January 1, 2027.

Bill Text

What changed in the latest version

107 added · 101 removed

Plain-language change summary

The revised version of SB 412 clarifies the process for informing individuals who are not free on bail about their right to legal counsel and the amount of their bail. Notable changes include the structure of the amendment and a clearer definition of "bail information." These updates are significant as they aim to ensure that individuals understand their rights promptly after being charged, which can enhance fairness and transparency in the judicial process.

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+ 2027 SESSION + INTRODUCED + + + 26100808D I SENATE BILL NO.
OFFERED FOR CONSIDERATION 2/04/2026 + + + + + + + + SENATE BILL NO.
412 Offered January 14, 2026 N A BILL to amend and reenact §§ 19.2-158 and 19.2-159 of the Code of Virginia, relating to court appearance of a person not free on bail.
412 + + AMENDMENT IN THE NATURE OF A SUBSTITUTE + (Proposed by the Senate Committee for Courts of Justice + + + on ________________) + + (Patron Prior to Substitute—Senator Boysko) + A BILL to amend and reenact §§ 19.2-158 and 19.2-159 of the Code of Virginia, relating to court appearance of a person not free on bail.
T ————— R Patron—Boysko O ————— D Referred to Committee for Courts of Justice ————— U Be it enacted by the General Assembly of Virginia:
Be it enacted by the General Assembly of Virginia:
C § 19.2-158.
§ 19.2-158.
E A.
A.
As used in this section, "bail information" means (i) the magistrate's bail determination checklist prepared pursuant to subsection B of § 19.2-121, (ii) any risk assessment instrument or interview results D prepared pursuant to § 19.2-152.4:3, (iii) any available charging documents, and (iv) any other information in the court case file for the current charge relevant to the factors listed in § 19.2-120.
As used in this section, "bail information" means (i) the magistrate's bail determination checklist prepared pursuant to subsection B of § 19.2-121, (ii) any risk assessment instrument or interview results prepared pursuant to § 19.2-152.4:3, (iii) any available charging documents, and (iv) any other information in the court case file for the current charge relevant to the factors listed in § 19.2-120.
The judges of a judicial circuit and judges of the corresponding districts may coordinate with each other to ensure that a judge is available to conduct a hearing pursuant to this section for any person detained 24 and required to appear before any court in that circuit.
The judges of a judicial circuit and judges of the corresponding districts may coordinate with each other to ensure that a judge is available to conduct a hearing pursuant to this section for any person detained and required to appear before any court in that circuit.
2 C.
C.
Prior to a hearing conducted pursuant to this section, the court shall appoint a qualified and competent attorney-at-law to represent the person if such person requests and qualifies for the appointment of counsel pursuant to § 19.2-159.
The court shall also hear and consider motions by the person or Commonwealth relating to bail or conditions of release pursuant to Article 1 (§ 19.2-119 et seq.) of Chapter 9 of this title.
If a qualified and competent attorney-at-law is not reasonably available to provide representation at such hearing, the court shall appoint counsel and address the issue of bail or conditions of release as soon as practicable, but in no event later than three calendar days after such hearing, excluding Saturdays, Sundays, and legal holidays.
If such issue is addressed, either the accused or the Commonwealth may make a subsequent motion to address the issue of bail or conditions of release in the court in which the charge is pending or appeal any decision pursuant to § 19.2-124.
All counsel, when practicable, shall be given access to the accused, which may be through private, secure electronic communications, and the ability to review bail information a reasonable time prior to the start of any proceeding.
D.
For a hearing conducted pursuant to this section:
1.
The court shall advise the accused of (i) the nature of the charge or charges against him;
(ii) his :
35 current bail;
and (iii) his right to counsel;
36 2.
The court shall also hear and consider motions by the person or Commonwealth relating to may address 37 the issue of bail or conditions of release pursuant to Article 1 (§ 19.2-119 et seq.) of Chapter 9 of this title if 38 requested by the accused or the Commonwealth.
If such issue is addressed, either the accused or the 39 Commonwealth may make a subsequent motion to address the issue of bail or conditions of release in the court in which the charge is pending or appeal any decision pursuant to § 19.2-124.
Nothing in this subdivision shall preclude either party from raising the issue of bail or conditions of release at a subsequent hearing based on a material change in circumstances or a violation of the terms and conditions previously set for the accused.
Nothing in this subsection shall preclude either party from raising the issue of bail or conditions of release at a subsequent hearing based on a material change in circumstances or a violation of the terms and conditions previously set for the accused.
The attorney for the Commonwealth may participate in any proceeding conducted pursuant to this section.
DRAFT OFFERED FOR CONSIDERATION 2/04/2026 D.
The chief judge in each circuit shall create a plan, in writing, that establishes the means by which the jurisdiction will meet the provisions described in this section.
In jurisdictions having a public defender office established pursuant to § 19.2-163.04, the following procedure shall also apply:
1.
Prior to a hearing conducted pursuant to subsection B, the court shall appoint the public defender to represent the person consistent with the provisions of § 19.2-163.4 if such person requests and qualifies for the appointment of counsel pursuant to § 19.2-159.
If the public defender is not reasonably available to provide representation at such hearing, the court shall appoint counsel and address the issue of bail or conditions of release as soon as practicable, but in no event later than three calendar days after such hearing, excluding Saturdays, Sundays, and legal holidays.
All counsel, when practicable, shall be given access to the accused and the ability to review bail information within a reasonable time prior to the start of any proceeding.
2.
For a hearing conducted pursuant to subsection B:
a.
The court shall advise the accused of (i) the nature of the charge or charges against him, (ii) his current bail, and (iii) his right to counsel;
and b.
Counsel for the accused, when practicable, shall be provided with adequate time and space in which counsel can consult with the accused, including private, secure electronic communications;
3.
The attorney for the Commonwealth may participate in any proceeding conducted pursuant to this section.
4.
The chief judge in each circuit shall create a plan, in writing, that establishes the means by which the jurisdiction will meet the provisions described in this subsection.
and (iv) a protocol to ensure that the public defender and other counsel for the accused receives adequate notice of the names of the persons appearing on the docket, access to those SB412 2 of 3 persons, and bail information.
and (iv) a protocol to ensure that the public defender and other counsel for the accused receives adequate notice of the names of the persons appearing on the docket, access to those persons, and bail information.
All plans created in accordance with this subsection shall be made available to the public.
All plans created in accordance with this subdivision shall be made available to the public.
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A copy of such plan and any subsequent revisions shall also be sent to the Executive Director of the Virginia Indigent Defense Commission.
A copy of any such plan and any subsequent revisions shall also be sent to the executive director of the Virginia Indigent Defense Commission.
No plan shall be revised unless the proposed changes are made public for at least 90 days.
No plan shall be revised unless the proposed changes DRAFT OFFERED FOR CONSIDERATION 2/04/2026 are made public for at least 90 days.
Notwithstanding any other provision of law, counsel appointed to represent an accused person at a hearing pursuant to subsection B, other than a public defender, shall be compensated for his services on an hourly basis at a rate set by the Supreme Court of Virginia.
Notwithstanding any other provision of law, counsel appointed to represent an accused person at a hearing pursuant to this section, other than a public defender, shall be compensated for his services on an hourly basis at a rate set by the Supreme Court of Virginia.
however, if such counsel's representation is limited to a hearing pursuant to subsection B, his compensation shall not exceed one hour.
however, if such counsel's representation is limited to a hearing pursuant to this section, his compensation shall not exceed one hour.
If the accused person has more than one pending charge, counsel appointed to represent him at a hearing pursuant to subsection B shall be compensated in an amount not to exceed the fee for a single charge when multiple charges are addressed at the same hearing.
If the accused person has more than one pending charge, counsel appointed to represent him at a hearing pursuant to this section shall be compensated in an amount not to exceed the fee for a single charge when multiple charges are addressed at the same hearing.
In counties and cities in which public defender offices are established pursuant to § 19.2-163.04, representation of an individual at a hearing pursuant to subsection B shall be provided by the public defenders consistent with the provisions of § 19.2-163.4.
Except in jurisdictions having a public defender office established pursuant to § 19.2-163.04, the provisions of subsections C, D, E, and F are not required.
A jurisdiction that does not have a public defender office established pursuant to § 19.2-163.04 may implement the provisions of subsection E.
All assets of the accused which are convertible into cash within a reasonable period of time without causing substantial hardship or jeopardizing the ability of the accused to maintain home and employment.
All assets of the accused which are convertible into cash within a reasonable period of time without DRAFT OFFERED FOR CONSIDERATION 2/04/2026 causing substantial hardship or jeopardizing the ability of the accused to maintain home and employment.
"I have been advised this ________ day of __________, 20____, by the (name of court) court of my right of 3 to representation by counsel in the trial of the charge pending against me;
"I have been advised this ________ day of __________, 20____, by the (name of court) court of my right to representation by counsel in the trial of the charge pending against me;
I certify that I am without means to employ counsel and I hereby request the court to appoint counsel for me." I _____________________ (signature of accused) indigency and to permit the court to determine whether or not the accused is indigent within thet the clNim of contemplation of law.
I certify that I am without means to employ counsel and I hereby request the court to appoint counsel for me." DRAFT OFFERED FOR CONSIDERATION 2/04/2026 _____________________ (signature of accused) The court shall also require the accused to complete a written financial statement to support the claim of indigency and to permit the court to determine whether or not the accused is indigent within the contemplation of law.
Such written T financial statement may be affirmed by a magistrate, pretrial services officer, or notarized staff membeR of a state, local, or regional correctional facility and forwarded to the court.
Such written financial statement may be affirmed by a magistrate, pretrial services officer, or notarized staff member of a state, local, or regional correctional facility and forwarded to the court.
D The executed statements by the accused and the order of appointment of counsel shall be filed with and become a part of the record of such proceeding.
The executed statements by the accused and the order of appointment of counsel shall be filed with and become a part of the record of such proceeding.
U All other instances in which the appointment of counsel is required for an indigent shall be made inC accordance with the guidelines prescribed in this section.
All other instances in which the appointment of counsel is required for an indigent shall be made in accordance with the guidelines prescribed in this section.
E D.
D.
Except in jurisdictions having a public defender, or unless (i) the public defender is unable to represent necessary to attain the ends of justice;
Except in jurisdictions having a public defender, or unless (i) the public defender is unable to represent the defendant by reason of conflict of interest;
(ii) the court finds that appointment of other counsel is necessary to attain the ends of justice;
S 2.
2.
That the provisions of this act shall become effective on January 1, 2027, except the provisions of B subsection E of § 19.2-158 of the Code of Virginia, as amended by this act, which shall become effective1 3.
That the provisions of this act shall become effective on January 1, 2027, except the provisions of subdivision E 4 of § 19.2-158 of the Code of Virginia, as amended by this act, which shall become effective in due course.
That the plan described in subsection E of § 19.2-158 of the Code of Virginia, as amended by this act, shall be completed by November 1, 2026.
3.
That the plan described in subdivision E 4 of § 19.2-158 of the Code of Virginia, as amended by this act, shall be completed by November 1, 2026.
the public defender or his designee or a member of the defense bar if the jurisdiction is not served by a public defender;
the public defender or his designee;
one representative each from a local pretrial services agency, an adult detention center, a juvenile detention center, a circuit court clerk's office, a general district court clerk's office, and a juvenile and domestic relations district court clerk's office that is located within the judicial circuit;
one representative each from a local pretrial services agency, an adult detention center, a juvenile detention center, a circuit DRAFT OFFERED FOR CONSIDERATION 2/04/2026 court clerk's office, a general district court clerk's office, and a juvenile and domestic relations district court clerk's office that is located within the judicial circuit;
View plain text versions (2)

How this bill changes current law

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Compared against the Code of Virginia as published AI-generated reading aid — verify against the official bill.

This bill amends 1 section(s) of the Code of Virginia: 19.2-158.

  • 19.2-158

    A.

    Inserts “A.”.

  • 19.2-158

    As used in this section, "bail information" means (i) the magistrate's bail determination checklist prepared pursuant to subsection B of § 19.2-121, (ii) any risk assessment instrument or interview results prepared pursuant to § 19.2-152.4:3, (iii

    Inserts “As used in this section, "bail information" means (i) the magistrate's bail determination checklist prepared pursuant to subsection B of § 19.2-121, (ii) any risk assessment instrument or interview results prepared pursuant to § 19.2-152.4:3, (iii”.

  • 19.2-158

    ) any available charging documents, and (iv) any other information in the court case file for the current charge relevant to the factors listed in § 19.2-120.

    Inserts “) any available charging documents, and (iv) any other information in the court case file for the current charge relevant to the factors listed in § 19.2-120.”.

  • 19.2-158

    B.

    Inserts “B.”.

  • 19.2-158

    charged

    Strikes “charged”.

  • 19.2-158

    , at which time the judge shall inform the accused of the amount of his bail and his right to counsel

    Strikes “, at which time the judge shall inform the accused of the amount of his bail and his right to counsel”.

  • 19.2-158

    detained

    Inserts “detained”.

  • 19.2-158

    which → that

    Replaces “which” with “that”.

  • 19.2-158

    The judges of a judicial circuit and judges of the corresponding districts may coordinate with each other to ensure that a judge is available to conduct a hearin

    Inserts “The judges of a judicial circuit and judges of the corresponding districts may coordinate with each other to ensure that a judge is available to conduct a hearin”.

  • 19.2-158

    g pursuant to this section for any person detained and required to appear before any court in that circuit.

    Inserts “g pursuant to this section for any person detained and required to appear before any court in that circuit.”.

  • 19.2-158

    C. Prior to a hearing conducted pursuant to this section, the court shall appoint a qualified and competent attorney-at-law to represent the person if such person requests and qualifies for the appointment of co

    Inserts “C. Prior to a hearing conducted pursuant to this section, the court shall appoint a qualified and competent attorney-at-law to represent the person if such person requests and qualifies for the appointment of co”.

  • 19.2-158

    unsel pursuant to § 19.2-159. If a qualified and competent attorney-at-law is not reasonably available to provide representation at such hearing, the court shall appoint counsel and address the issue of bail or condition

    Inserts “unsel pursuant to § 19.2-159. If a qualified and competent attorney-at-law is not reasonably available to provide representation at such hearing, the court shall appoint counsel and address the issue of bail or condition”.

  • 19.2-158

    s

    Inserts “s”.

  • 19.2-158

    of release as soon as practicable, but in no event later than three calendar

    Inserts “of release as soon as practicable, but in no event later than three calendar”.

  • 19.2-158

    days after such hearing, excluding Saturdays, Sundays, and legal holidays. All counsel, when practicable, shall be given access to the accused

    Inserts “days after such hearing, excluding Saturdays, Sundays, and legal holidays. All counsel, when practicable, shall be given access to the accused”.

  • 19.2-158

    , which may be through private, secure electronic communications,

    Inserts “, which may be through private, secure electronic communications,”.

  • 19.2-158

    and the ability to review bail information a reasonable time prior to the start of any proceeding.

    Inserts “and the ability to review bail information a reasonable time prior to the start of any proceeding.”.

  • 19.2-158

    D. For

    Inserts “D. For”.

  • 19.2-158

    a hearing conducted pursuant to this section:

    Inserts “a hearing conducted pursuant to this section:”.

  • 19.2-158

    1. The court shall advise the accused of (i) the nature of the charge or charges against him; (ii) his current bail; and (iii) his right to counsel;

    Inserts “1. The court shall advise the accused of (i) the nature of the charge or charges against him; (ii) his current bail; and (iii) his right to counsel;”.

  • 19.2-158

    2.

    Inserts “2.”.

  • 19.2-158

    shall also hear and consider motions by the person or Commonwealth relating to → may address the issue of

    Replaces “shall also hear and consider motions by the person or Commonwealth relating to” with “may address the issue of”.

  • 19.2-158

    of this title → if requested by the accused or the Commonwealth. If such issue is addressed, either the accused or the Commonwealth may make a subsequent motion to address the issue of bail or condition

    Replaces “of this title” with “if requested by the accused or the Commonwealth. If such issue is addressed, either the accused or the Commonwealth may make a subsequent motion to address the issue of bail or condition”.

  • 19.2-158

    s of release in the court in which the charge is pending or appeal any decision pursuant to § 19.2-124

    Inserts “s of release in the court in which the charge is pending or appeal any decision pursuant to § 19.2-124”.

  • 19.2-158

    Nothing in this sub

    Inserts “Nothing in this sub”.

  • 19.2-158

    division

    Inserts “division”.

  • 19.2-158

    shall preclude either party from raising the issue of bail or conditions of release at a subsequent hearing based on a material change in circumstances or a violation of the terms and conditions previously set for the accused.

    Inserts “shall preclude either party from raising the issue of bail or conditions of release at a subsequent hearing based on a material change in circumstances or a violation of the terms and conditions previously set for the accused.”.

  • 19.2-158

    The attorney for the Commonwealth may participate in any proceeding conducted pursuant to this section.

    Inserts “The attorney for the Commonwealth may participate in any proceeding conducted pursuant to this section.”.

  • 19.2-158

    E. The chief judge in each circuit shall create a plan,

    Inserts “E. The chief judge in each circuit shall create a plan,”.

  • 19.2-158

    in writing, that establishes the means by which the jurisdiction will mee

    Inserts “in writing, that establishes the means by which the jurisdiction will mee”.

  • 19.2-158

    t the provisions described in this section. Such plan shall include (i) the method of selecting qualified attorneys to provide representation at the proceedings conducted pursuant to this section, including whether such representation will be provided by a public defender

    Inserts “t the provisions described in this section. Such plan shall include (i) the method of selecting qualified attorneys to provide representation at the proceedings conducted pursuant to this section, including whether such representation will be provided by a public defender”.

  • 19.2-158

    or private appointed counsel, or a combination thereof; (ii) the time and place of proceedings to be conducted under this section; (iii) a process to ensure that if an excessive number of proceedings should arise that such pr

    Inserts “or private appointed counsel, or a combination thereof; (ii) the time and place of proceedings to be conducted under this section; (iii) a process to ensure that if an excessive number of proceedings should arise that such pr”.

  • 19.2-158

    oceedings may be handled in a prompt manner; and (iv) a protocol to ensure that the public defender and other counsel for the accused receives adequate notice of the names of the persons appearing on the docket, access to those persons, and bail information. All plans created in accordance with this subsection shall be made available to the public. A copy of such plan and any subsequent revisio

    Inserts “oceedings may be handled in a prompt manner; and (iv) a protocol to ensure that the public defender and other counsel for the accused receives adequate notice of the names of the persons appearing on the docket, access to those persons, and bail information. All plans created in accordance with this subsection shall be made available to the public. A copy of such plan and any subsequent revisio”.

  • 19.2-158

    ns shall also be sent to the Executive Director of the Virginia Indigent Defense Commission. No plan shall be revised unless the proposed changes are made public for at least 90 days.

    Inserts “ns shall also be sent to the Executive Director of the Virginia Indigent Defense Commission. No plan shall be revised unless the proposed changes are made public for at least 90 days.”.

  • 19.2-158

    F. Notwithstanding any other provision of law, counsel appointed to represent an accused person at a hearing pursuant to s

    Inserts “F. Notwithstanding any other provision of law, counsel appointed to represent an accused person at a hearing pursuant to s”.

  • 19.2-158

    ubsection B, other than a public defender, shall be compensated for his services on an hourly basis at a rate set by the Supreme Court of Virginia. If

    Inserts “ubsection B, other than a public defender, shall be compensated for his services on an hourly basis at a rate set by the Supreme Court of Virginia. If”.

  • 19.2-158

    such

    Inserts “such”.

  • 19.2-158

    counsel con

    Inserts “counsel con”.

  • 19.2-158

    tinues to represent the individual on the underlying charge,

    Inserts “tinues to represent the individual on the underlying charge,”.

  • 19.2-158

    his

    Inserts “his”.

Action History

  1. Continued from last session

  2. Continued to next session in Finance and Appropriations (15-Y 0-N)

  3. Committee substitute printed 26107119D-S1

  4. Reported from Courts of Justice with substitute and rereferred to Finance and Appropriations (12-Y 3-N)

  5. Senate committee offered

  6. Fiscal Impact Statement from Department of Planning and Budget (SB412)

  7. Referred to Committee for Courts of Justice

  8. Prefiled and ordered printed; Offered 01-14-2026 26100808D

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 147 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

What does SB 412 do?
Court appearance of a person not free on bail. Makes various changes to provisions regarding bail hearings, including (i) the appointment of counsel for the accused; (ii) the information provided to counsel for the accused; (iii) a requirement that counsel for the accused, when practicable, be provided with adequate time to confer with the accused prior to any bail hearing; and (iv) the compensation of counsel for the accused. The bill provides that, effective in due course, the chief judge in each circuit shall create a plan to be completed by November 1, 2026, that establishes the means by which the jurisdiction will meet such provisions. The remaining provisions of the bill have a delayed effective date of January 1, 2027.
Who sponsors SB 412?
SB 412 is sponsored by Jennifer B. Boysko.
What is the current status of SB 412?
This bill is in committee in the Senate. Introduced January 13, 2026. It must pass committee before a floor vote.
Where can I track SB 412?
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