HB 933: Penalties for failure to appear; definition, contempt. - Virginia

Criminal Subcommittee Substitute → Chaptered · 4 edits

MODERATE

This bill updates the legal penalties for failing to appear in court by clarifying the definition of 'willful' failure and simplifying the classification of crimes. It adds a specific definition stating that avoiding the judicial process is intentional, while noting that past isolated failures do not automatically prove willfulness. The bill also removes the requirement for courts to consider specific mitigating circumstances when determining willfulness for felony cases, though it retains those considerations for misdemeanor cases.

Scope change

The scope of the bill's applicability remains the same, covering individuals charged with or convicted of offenses who fail to appear in court, but the criteria for determining if the failure was 'willful' has been refined.

DEFINITION

Added a specific definition for 'willfully fails to appear' to clarify it means intentional conduct to avoid the judicial process, while explicitly stating that prior isolated nonappearances are not evidence of willfulness.

REQUIREMENT

Removed the requirement for courts to consider specific mitigating circumstances (like illness or transportation issues) when determining if a felony-level failure to appear was willful.

Simplified the penalty classifications by removing the word 'misdemeanor' from the description of the Class 6 felony penalty and the Class 1 misdemeanor penalty.

Added a provision in the contempt section requiring courts to consider mitigating circumstances listed in subsection A of the failure-to-appear statute when determining willfulness.

Courts of Justice Substitute → Criminal Subcommittee Substitute · 1 edit

MINOR

The bill text was reformatted from a standard legislative layout to a 'House Substitute' version with adjusted line numbers and spacing, but the actual legal language and penalties remain identical. No substantive policy changes were made.

TECHNICAL

The document structure was updated to reflect a House Substitute version, including new line numbers and spacing adjustments, while the legal content of the bill remained unchanged.

Enrolled → Courts of Justice Substitute · 2 edits

MINOR

The bill was converted from an Enrolled Act into a Substitute Amendment proposed by the Courts of Justice Committee. The most significant substantive change is a revision to the penalties for failure to appear: the original text distinguished between felony and misdemeanor charges, but the new text conflates them into a single category punishable by no more than 30 days in jail. Additionally, the criteria for determining 'willful' failure to appear were altered, shifting the reference for mitigating circumstances from subsection A to subsection C of the relevant code section.

Scope change

The scope of the penalty for failure to appear was broadened by removing the distinction between felony and misdemeanor charges, effectively applying the same maximum jail sentence (30 days) to both scenarios.

ENFORCEMENT

The penalty for willful failure to appear was changed to apply a maximum of 30 days in jail to both felony and misdemeanor offenses, whereas the original bill imposed a Class 6 felony for felonies and a Class 1 misdemeanor for misdemeanors.

DEFINITION

The list of mitigating circumstances the court must consider when determining if a failure to appear was 'willful' was updated to reference subsection C of the relevant statute instead of subsection A.

Introduced → Enrolled · 4 edits · Mar 2, 2026

MODERATE

The bill was finalized as an enrolled act, meaning it is now law. The most significant substantive change is the clarification of how courts determine if a failure to appear was 'willful.' The new text explicitly states that isolated past non-appearances are not proof of willfulness, but a pattern of intentional evasion is. It also clarifies that courts must consider specific mitigating factors like illness or transportation issues when judging willfulness.

Scope change

The scope of the law remains the same (penalties for failing to appear in court), but the criteria for applying those penalties have been refined to prevent automatic punishment based on single incidents.

DEFINITION

The definition of 'willfully fails to appear' was updated to explicitly state that isolated instances of missing court are not evidence of willfulness, whereas a pattern of intentional evasion is.

ENFORCEMENT

The text was revised to require courts to consider specific mitigating circumstances, such as illness, injury, transportation problems, or dependent care issues, when deciding if a failure to appear was willful.

TECHNICAL

The bill status changed from 'Introduced' to 'Enrolled,' indicating it has passed all legislative steps and is now official law.

Minor formatting adjustments were made to align the text with standard enrolled bill formatting conventions.

Penalties for failure to appear; definition, contempt.

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