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 the completed form to the attorney for the Commonwealth for the jurisdiction where the warrant or capias was issued.
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.