HB 127 — Person not free on bail; court appearance, right to counsel.

OFFERED FOR CONSIDERATION 1/28/2026 + +2027 +SESSION + +ENGROSSED + + + 26106177D HOUSE BILL NO.

127 + + AMENDMENT IN THE NATURE OF A SUBSTITUTE + (Proposed by the House Committee for Courts of JusticeJustice) +(Patron +Prior +to onSubstitute—Delegate ________________)Callsen) +House +Amendments (Patronin Prior[ to] Substitute—Delegate- Callsen)February +12, 2026 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.

E 1.

N 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 G R 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.

O B.

Every person charged with an offense described in § 19.2-157, who is not free on bail or otherwise, shall be brought before the judge of a court not of record, unless the circuit court issues process commanding the presence of the person, in which case the person shall be brought before the circuit court, on the first daySay on which such court sits after the person is charged, at which time the judge shall inform the accused of the amount of his bail and his right to counsel detained.

If the court not of record sits on a day prior to the E scheduled sitting of the court which that issued process, the person shall be brought before the court not of D record.

Absent good cause shown, a hearing on bail or conditions of release shall be held as soon as H B practicable but in no event later than three calendar days, excluding Saturdays, Sundays, and legal holidays, 2 following the making of such motion.

Nothing in this subsection shall preclude either party from raising the 7 issue of bail or conditions of release at a subsequent hearing based on a material change in circumstances or H a violation of the terms and conditions previously set for the accused.

DRAFT1 OFFERED FOR CONSIDERATION 1/28/2026 D.

36 E.

In jurisdictions having a public defender office established pursuant to § 19.2-163.04, the following 37 procedure shall also apply:

/ 38 1.

Prior to a hearing conducted pursuant to subsection B, the court shall appoint the public defender to 39 represent the person consistent with the provisions of § 19.2-163.4 if such person requests and qualifies for 40 the appointment of counsel pursuant to § 19.2-159.

and (iv) a protocol to ensure that the public defender and other counsel for the HB127EH1 2 of 3 accused receives adequate notice of the names of the persons appearing on the docket, access to those persons, and bail information.

No plan shall be revised unless the proposed changes DRAFT OFFERED FOR CONSIDERATION 1/28/2026 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 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.

] 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 DRAFT OFFERED FOR CONSIDERATION 1/28/2026 causing substantial hardship or jeopardizing the ability of the accused to maintain home and employment.

I certify that I am without means to of 3 employ counsel and I hereby request the court to appoint counsel for me." DRAFT OFFERED FOR CONSIDERATION 1/28/2026 _____________________ (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.

E All other instances in which the appointment of counsel is required for an indigent shall be made ininN accordance with the guidelines prescribed in this section.

G D.

(ii) the court finds that appointment of other counsel isRs necessarydirector of the Virginia Indigent Defense Commission or his designee, determines that the current activeOive caseload would preclude the public defender from providing adequate representation to attainnew clients, counsel appointed by the endscourt for representation of justice;the accused shall be selected by a fair system of rotation among members of the bar practicing before the court whose names are on the list maintained by the Virginia S Indigent Defense Commission pursuant to § 19.2-163.01.

orIf (iii)no theattorney publicwho defender,is withon the concurrencelist ofmaintained theby executivetEe director of the Virginia Indigent Defense Commission oris hisreasonably designee,available, determines that the currentcourt activemay caseloadappoint wouldas preclude the public defender from providing adequate representation to new clients, counsel appointedan byattorney thenot courton for representation of the accusedlist shallwho behas selectedotherwise bydemonstrated ato fairthe systemcourt's ofsatisfaction rotationan amongappropriate memberslevel of thetraining barand practicingexperience. before the court whose names are on the list maintained by the Virginia Indigent Defense Commission pursuant to § 19.2-163.01.

If no attorney who is on the list maintained by the Virginia Indigent Defense Commission is reasonably available, the court may appoint as counsel an attorney not on the list who has otherwise demonstrated to the court's satisfaction an appropriate level of training and experience.

3.act, shall be completed by November 1, 2026.

ThatIn developing the planplan, describedthe inchief subdivisionjudge Emay 4create ofay §this 19.2-158committee ofthat themay Codeinclude ofan Virginia,attorney asfor amendedthe byCommonwealth thisor act,his shalldesignee; be completed by November 1, 2026.

In developing the plan,public thedefender chief judge may create a committee that may include an attorney for the Commonwealth or H his designee;

the public defender or his designee;

one representative each B from a local pretrial services agency, an adult detention center, a juvenile detention center, a circuitcircuit2 DRAFT OFFERED FOR CONSIDERATION 1/28/2026 court clerk's office, a general district court clerk's office, and a juvenile and domestic relations districtdisErict court clerk's office that is located within the judicial circuit;

one judge each from a circuit court, H general district court, and juvenile and domestic relations district court located within the judicial 1 circuit;