HB 240 — Admission to bail; fixing terms of bail, mental health considerations.

+OFFERED 2027FOR SESSIONCONSIDERATION 2/02/2026 + INTRODUCED+ + + + 26103796D+ I+ + HOUSE BILL NO.

240 Offered+ January+ 14,AMENDMENT 2026IN NTHE NATURE OF A SUBSTITUTE + + (Proposed by the House Committee for Courts of Justice + on ________________) + + (Patron Prior to Substitute—Delegate Gardner) + A BILL to amend and reenact §§ 19.2-120 and 19.2-121 of the Code of Virginia, relating to admission to bail;

T ————— R Patrons—Gardner, Carnegie, Clark, Cole, N.T., Henson, Keys-Gamarra and Willett O ————— D Referred to Committee for Courts of Justice ————— U Be it enacted by the General Assembly of Virginia:

C § 19.2-120.

E A.

Prior to conducting any hearing on the issue of bail, release, or detention, the judicial officer shall, to the extent feasible, attempt to obtain and review the person's criminal history and any emergency custody or temporary detention D order or involuntary admission issued pursuant to Chapter 8 (§ 37.2-800 et seq.) of Title 37.2.37.2 that is provided to the judicial officer.

Any law-enforcement officer bringing the accused before a judicial officer who has knowledge that the person is currently, or has been in the recent past, the subject of any such order or admission shall provide such information to the judicial officer.

(iv) the history of the accused or juvenile, including his family ties or involvement in employment, education, or medical, mental B 24 health, including any emergency custody or temporary detention order or involuntary admission issued 4 pursuant to Chapter 8 (§ 37.2-800 et seq.) of Title 37.2, or substance abuse treatment;

(v) his length of 0 residence in, or other ties to, the community;

(viii) whether the person is likely to obstruct or attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure, or intimidate, a prospective witness, juror, victim, or family or household member DRAFT OFFERED FOR CONSIDERATION 2/02/2026 as defined in § 16.1-228;

Notice to the attorney for the :Commonwealth may be made by facsimile or other electronic means.

35E. Commonwealth may be made by facsimile or other electronic means.

36The E.judicial officer shall inform the person of his right to appeal from the order denying bail or fixing terms of bond or recognizance consistent with § 19.2-124.

TheF. judicial officer shall inform the person of his right to appeal from the order denying bail or fixing 37 terms of bond or recognizance consistent with § 19.2-124.

38If F.the judicial officer sets a secured bond and the person engages the services of a licensed bail bondsman, the magistrate executing recognizance for the accused shall provide the bondsman, upon request, with a copy of the person's Virginia criminal history record, if readily available, to be used by the bondsman only to determine appropriate reporting requirements to impose upon the accused upon his release.

If the judicial officer sets a secured bond and the person engages the services of a licensed bail 39 bondsman, the magistrate executing recognizance for the accused shall provide the bondsman, upon request, with a copy of the person's Virginia criminal history record, if readily available, to be used by the bondsman only to determine appropriate reporting requirements to impose upon the accused upon his release.

and (x) the history of the accused or juvenile, including medical, mental health, including any emergency custody or temporary detention order or involuntary admission issued pursuant to Chapter 8 (§ 37.2-800 et seq.) of Title 37.2,37.2 that is provided to the judicial officer, or substance abuse treatment;

(xi) any evidence the person provided indicating that such HB240 2 of 2 person (a) is currently pregnant, (b) has recently given birth, or (c) is currently nursing a child;

(xii) whether such person will be an unreasonable danger to himself, family or DRAFT OFFERED FOR CONSIDERATION 2/02/2026 household members as defined in § 16.1-228, or the public;