HB 2217 Virginia House of Delegates · 2025 Regular Session

Person not free on bail; court appearance.

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. Effective in due course, the bill provides that the chief judge in each circuit shall create a plan to be completed by November 1, 2025, that establishes the means by which the jurisdiction will meet these requirements. The remainder of the bill has a delayed effective date of January 1, 2026.

Issues: ✓ Criminal Justice

Bill status passed 3 of 5 stages cleared

Introduction

Jan 2025

Committee Review

Feb 2025

House of Delegates Passage

Jan 2025

Senate Passage

Governor

Introduced Jan 7, 2025 Last action Feb 11, 2025

Maddy AI version diff · 1 comparison

What changed between versions

Introduced → Courts of Justice Substitute · 6 edits

MODERATE

The bill was amended from its original 'Introduced' version to a 'House Substitute' version, which significantly narrowed the requirements for appointing counsel and conducting bail hearings for defendants not free on bail. The substitute version removes the automatic presumption of indigency and the mandatory appointment of counsel, instead making counsel appointment conditional on the defendant requesting it and qualifying under existing indigency guidelines. It also changes the timing for when bail hearings must occur and clarifies the scope of 'bail information' to include only documents in the court case file.

Scope change

The bill's scope was narrowed from requiring mandatory counsel appointment and bail hearings for all defendants not free on bail to making these requirements conditional on the defendant requesting counsel and qualifying as indigent.

ELIGIBILITY

Removed the automatic presumption that all defendants not free on bail are indigent and entitled to appointed counsel; counsel appointment now requires a request and qualification under § 19.2-159.

REQUIREMENT

Changed the timing requirement for bail hearings from 'prior to a hearing' to 'no event later than three calendar days after such hearing' if counsel is not available.

Removed the requirement for judges to designate specific judges to conduct hearings and changed language from 'designate' to 'coordinate' among judges.

Removed the requirement for chief judges to create written plans by November 1, 2025, and eliminated the detailed plan requirements including committee composition and payment protocols.

Removed the $90 per hour payment rate for appointed attorneys and the requirement that plans be made available to the public.

DEFINITION

Narrowed the definition of 'bail information' to include only information in the court case file for the current charge, removing references to risk assessment instruments and other court information.

Floor votes · House of Delegates Jan 30, 2025

How they voted

51–44

Passed · 5 other

Total votes 100

Jan 30, 2025

D Democratic51

50 Yea 1

98% Yea

R Republican49

1 Yea 44 Nay 4

89% Nay

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Feb 5, 2025

Upper · Passed

Reported from Courts of Justice and rereferred to Finance and Appropriations (14-Y 0-N)

upper

Jan 31, 2025

Committee

Referred to Committee for Courts of Justice

upper

Jan 30, 2025

Lower · Passed

Read third time and passed House (51-Y 44-N)

lower

Jan 24, 2025

Lower · Passed

Reported from Courts of Justice with substitute (14-Y 8-N)

lower

Jan 18, 2025

Committee

Assigned Courts sub: Criminal

lower

Jan 7, 2025

Committee

Referred to Committee for Courts of Justice

lower

1 primary · 3 co-sponsors