VirginiaHB3572026 Regular SessionHouseWALLET

Person arrested for a felony; release of accused on secured or unsecured bond.

Sponsored By: Katrina Callsen (Democratic)

Became Law

Summary

Release of accused on secured or unsecured bond. Removes the conditions requiring that any person arrested for a felony who (i) has previously been convicted of a felony, (ii) is presently on bond for an unrelated arrest in any jurisdiction, or (iii) is on probation or parole be released only upon a secure bond. Additionally, the bill adds to the factors a judicial officer shall consider in making a bail determination (a) the person's current bond status for an unrelated arrest in any jurisdiction and (b) whether the person is on probation or parole.

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 2 benefits, 2 costs, 3 mixed.

Secured bond required for some felonies

If you are arrested for a felony and have a prior felony, are already on bond for another arrest, or are on probation or parole, you can only be released on a secured bond. A judge can waive this only with the prosecutor’s agreement.

How judges decide bail and release

The law presumes you are admitted to bail unless there is probable cause you will skip court or pose unreasonable danger. Before the hearing, the judge tries to get your criminal history and must weigh set factors like the charge, any gun use, evidence, community ties, past failures to appear, and pregnancy, recent birth, or nursing. If bail is denied or terms are set against you, the judge must tell you about your right to appeal. If you are released on a violent charge, the judge must notify the local prosecutor right away.

New rules for bonds and monitoring

Judges can use unsecured bonds, which do not need cash up front. When property is used to secure a bond, only the surety’s equity counts toward solvency. Judges can place you under supervision, limit travel or contacts, set curfews, ban guns, require work or treatment, and add no-contact orders. They can order home electronic or GPS monitoring when a secured bond is required and may make you pay device costs. Breaking release rules can lead to an arrest order or a hearing, and pretrial services must report violations to the court and lawyers.

Bonds can secure child or spousal support

Courts may require a separate bond to secure spousal or child support, in addition to any criminal bond. This helps make sure support payments continue while a case is pending.

Pretrial custody at disability training centers

If you receive services at a state training center for people with intellectual disability, a judge may place you in the director’s custody before trial. The director must agree and can keep you there to help ensure you appear in court.

Bail bondsmen pay $15 record fee

When a secured bond is set and a bondsman asks for the defendant’s Virginia criminal history, the magistrate provides a copy if available. The bondsman must pay a $15 fee to the state, review the record on site, and return it. The copy is only for deciding reporting duties.

Voluntary pretrial drug tests with limits

In areas with an approved program, pretrial services may ask you to take a voluntary drug or alcohol test. Judges cannot see results before the first bail decision or bond is set. Later, results can shape release terms like abstinence or periodic testing, but a disputed positive needs a second test. Results are confidential and are used only for bail decisions and sanctions tied to release conditions.

Sponsors & Cosponsors

Sponsor

  • Katrina Callsen

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 153 • No: 66

Senate vote 2/23/2026

Passed Senate

Yes: 20 • No: 18

Senate vote 2/20/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote 2/20/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/18/2026

Reported from Courts of Justice

Yes: 8 • No: 5 • Other: 1

House vote 2/10/2026

Read third time and passed House

Yes: 62 • No: 35

House vote 2/4/2026

Reported from Courts of Justice with amendment(s)

Yes: 15 • No: 7

House vote 1/28/2026

Subcommittee recommends reporting with amendment(s)

Yes: 8 • No: 1

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0123)

    4/6/2026Governor
  2. Approved by Governor-Chapter 123 (effective 7/1/2026)

    4/6/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/10/2026Governor
  4. Enrolled Bill communicated to Governor on March 10, 2026

    3/10/2026House
  5. Fiscal Impact Statement from Department of Planning and Budget (HB357)

    2/25/2026House
  6. Bill text as passed House and Senate (HB357ER)

    2/25/2026House
  7. Enrolled

    2/25/2026House
  8. Signed by President

    2/25/2026Senate
  9. Signed by Speaker

    2/25/2026House
  10. Passed Senate (20-Y 18-N 0-A)

    2/23/2026Senate
  11. Read third time

    2/23/2026Senate
  12. Passed by for the day Block Vote (Voice Vote)

    2/20/2026Senate
  13. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

    2/20/2026Senate
  14. Rules suspended

    2/20/2026Senate
  15. Fiscal Impact Statement from Department of Planning and Budget (HB357)

    2/19/2026House
  16. Reported from Courts of Justice (8-Y 5-N 1-A)

    2/18/2026Senate
  17. Referred to Committee for Courts of Justice

    2/11/2026Senate
  18. Constitutional reading dispensed (on 1st reading)

    2/11/2026Senate
  19. Read third time and passed House (62-Y 35-N 0-A)

    2/10/2026House
  20. Engrossed by House as amended

    2/9/2026House
  21. committee amendments agreed to

    2/9/2026House
  22. Read second time

    2/9/2026House
  23. Read first time

    2/6/2026House
  24. Reported from Courts of Justice with amendment(s) (15-Y 7-N)

    2/4/2026House
  25. House subcommittee offered

    1/28/2026House

Bill Text

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