VirginiaSB2832026 Regular SessionSenate

Penalties for failure to appear; definition, contempt.

Sponsored By: Lashrecse D. Aird (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 HB 933.

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Bill Overview

Analyzed Economic Effects

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

Stronger penalties for missing court

The law sets crimes and money penalties for missing court on purpose. If you are charged with a felony, or your felony sentence is suspended, and you willfully miss court, it is a Class 6 felony. If it is tied to a misdemeanor, or your misdemeanor sentence is suspended, it is a Class 1 misdemeanor. “Willfully” means you meant to avoid the case. A single past miss does not prove willfulness, but a pattern can. Judges must weigh reasons like illness, a sudden ride problem, lack of dependent care, or steps you took to fix it. You can lose any bond or other security after notice, unless you show good cause or the court finds forfeiture is not in the interests of justice. These rules do not apply if you were jailed, detained, or in police custody at the time.

Clearer court contempt rules and limits

The law lists six acts that let a judge punish contempt on the spot. These include disrupting court, threats or violence, vile insults at the judge, disobeying orders, officer misconduct, and willful failure to appear. When using contempt, the judge must write which rule applies. Using contempt for failure to appear does not stop a separate criminal charge for missing court. The contempt rule for failure to appear does not apply if the person was in jail, detained, or in police custody then.

Sponsors & Cosponsors

Sponsor

  • Lashrecse D. Aird

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 145 • No: 67

House vote 3/4/2026

Passed House

Yes: 64 • No: 35

House vote 3/2/2026

Reported from Courts of Justice

Yes: 15 • No: 7

Senate vote 2/17/2026

Read third time and passed Senate

Yes: 21 • No: 19

Senate vote 2/16/2026

Committee substitute agreed to (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/13/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 36 • No: 0

Senate vote 2/13/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/11/2026

Reported from Courts of Justice with substitute

Yes: 9 • No: 6

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0242)

    4/6/2026Governor
  2. Approved by Governor-Chapter 242 (effective 7/1/2026)

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

    3/14/2026Governor
  4. Enrolled Bill communicated to Governor on March 14, 2026

    3/14/2026Senate
  5. Fiscal Impact Statement from Department of Planning and Budget (SB283)

    3/11/2026Senate
  6. Bill text as passed Senate and House (SB283ER)

    3/10/2026Senate
  7. Enrolled

    3/10/2026Senate
  8. Signed by President

    3/10/2026Senate
  9. Signed by Speaker

    3/10/2026House
  10. Passed House (64-Y 35-N 0-A)

    3/4/2026House
  11. Read third time

    3/4/2026House
  12. Read second time

    3/3/2026House
  13. Reported from Courts of Justice (15-Y 7-N)

    3/2/2026House
  14. Referred to Committee for Courts of Justice

    2/24/2026House
  15. Read first time

    2/24/2026House
  16. Placed on Calendar

    2/24/2026House
  17. Read third time and passed Senate (21-Y 19-N 0-A)

    2/17/2026Senate
  18. Committee substitute agreed to (Voice Vote)

    2/16/2026Senate
  19. Engrossed by Senate - committee substitute (Voice Vote)

    2/16/2026Senate
  20. Read second time

    2/16/2026Senate
  21. Passed by for the day Block Vote (Voice Vote)

    2/13/2026Senate
  22. Constitutional reading dispensed Block Vote (on 1st reading) (36-Y 0-N 0-A)

    2/13/2026Senate
  23. Rules suspended

    2/13/2026Senate
  24. Fiscal Impact Statement from Department of Planning and Budget (SB283)

    2/13/2026Senate
  25. Committee substitute printed 26107528D-S1

    2/12/2026Senate

Bill Text

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