Be it enacted by the General Assembly of Virginia:
1. That §19.2-121 of the Code of Virginia is amended and reenacted as follows:
§19.2-121. Fixing terms of bail.
A. If the person is admitted to bail, the terms thereof shall
be such as, in the judgment of any official granting or reconsidering the same,
will be reasonably fixed to assure ensure the appearance of the
accused and to assure ensure his good behavior pending trial. The
judicial officer shall take into account (i) the nature and circumstances of
the offense; (ii) whether a firearm is alleged to have been used in the
offense; (iii) the weight of the evidence; (iv) the financial resources of the
accused or juvenile and his ability to pay bond; (v) the character of the
accused or juvenile including his family ties, employment or involvement in
education; (vi) his length of residence in the community; (vii) his record of
convictions; (viii) his appearance at court proceedings or flight to avoid
prosecution or failure to appear at court proceedings; (ix) 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, or victim; and (x) any other information available which the
court considers relevant to the determination of whether the accused or
juvenile is unlikely to appear for court proceedings.
B. When a magistrate conducts a bail hearing for a person
arrested on a warrant or capias for a jailable offense, the magistrate shall
describe the information considered under subsection A on a form provided by
the Executive Secretary of the Supreme Court and shall transmit the completed
form to the circuit court or district court before which the warrant or capias
is returnable, and if such jailable offense is an act of violence as defined
in §19.2-297.1, then such magistrate shall transmit [ within 24 hours a
copy of ] the completed form to the attorney for the Commonwealth for
the jurisdiction where the warrant or capias [ was issued is
returnable ] . [ Transmission of such copy to the attorney for the
Commonwealth may be by facsimile or other electronic means. ]
C. In any case where the accused has appeared and otherwise met the conditions of bail, no bond therefor shall be used to satisfy fines and costs unless agreed to by the person who posted such bond.