VirginiaHB9332026 Regular SessionHouse

Penalties for failure to appear; definition, contempt.

Sponsored By: Marcus B. Simon (Democratic)

Became Law

Summary

Penalties for failure to appear; contempt. Provides that a court shall consider certain mitigating factors to determine whether the failure of any person to appear before any court or judicial officer as required was willful. Under current law, no mitigating factors are specified for a court or judicial officer to consider in determining whether a person willfully failed to appear. This bill is identical to SB 283.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 0 costs, 2 mixed.

Criminal penalties for skipping court

The law makes willfully skipping court a crime. If you are charged with a felony, or convicted and your sentence is suspended, a willful miss is a Class 6 felony. If you are charged with a misdemeanor, or convicted with sentence suspended, a willful miss is a Class 1 misdemeanor. “Willful” means you meant to avoid the court. One past miss is not proof, but a pattern can be. Courts must weigh illness, travel problems, lack of dependent care, and efforts you made to tell the court or fix it. If you posted bail or other security, the court can forfeit it after notice, unless there is good cause or the judge decides forfeiture is not needed. These failure‑to‑appear penalties do not apply if you were jailed, detained, or in police custody at the time you were due in court.

Contempt rules for court misbehavior

The law sets clear, limited grounds for summary contempt. Judges can punish on the spot for disrupting court, violence or threats, insulting a judge about a case, disobeying orders, or willfully missing court after a charge or a summons. The judge must state in writing which ground applies. For missed court, judges must consider the same mitigating factors used for failure‑to‑appear crimes. You are exempt if you were jailed, detained, or in police custody at the time. Using contempt does not stop a separate criminal failure‑to‑appear charge.

Sponsors & Cosponsors

Sponsor

  • Marcus B. Simon

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 217 • No: 99

House vote 2/25/2026

Senate substitute agreed to by House

Yes: 64 • No: 32

Senate vote 2/23/2026

Courts of Justice Substitute agreed to

Yes: 0 • No: 0

Senate vote 2/23/2026

Passed Senate with substitute

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 with substitute

Yes: 9 • No: 5

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 substitute

Yes: 15 • No: 7

House vote 1/28/2026

Subcommittee recommends reporting with substitute

Yes: 7 • No: 2

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0241)

    4/6/2026Governor
  2. Approved by Governor-Chapter 241 (effective 7/1/2026)

    4/6/2026Governor
  3. Fiscal Impact Statement from Department of Planning and Budget (HB933)

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

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

    3/10/2026House
  6. Bill text as passed House and Senate (HB933ER)

    3/2/2026House
  7. Enrolled

    3/2/2026House
  8. Signed by President

    3/2/2026Senate
  9. Signed by Speaker

    3/2/2026House
  10. Senate substitute agreed to by House (64-Y 32-N 0-A)

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

    2/23/2026Senate
  12. Courts of Justice Substitute agreed to

    2/23/2026Senate
  13. Engrossed by Senate - committee substitute

    2/23/2026Senate
  14. Read third time

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

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

    2/20/2026Senate
  17. Rules suspended

    2/20/2026Senate
  18. Committee substitute printed 26108204D-S1

    2/19/2026Senate
  19. Reported from Courts of Justice with substitute (9-Y 5-N)

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

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

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

    2/10/2026House
  23. Engrossed by House - committee substitute

    2/9/2026House
  24. committee substitute agreed to

    2/9/2026House
  25. Read second time

    2/9/2026House

Bill Text

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