CHAPTER 521

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19.1-124, relating to the release of persons charged with certain crimes
by arresting officers, justices of the peace and bail commissioners, and
certain fees to be paid to such officers therefor.

(S 67]
Approved April 5, 1966

Be it enacted by the General Assembly of Virginia:

1. That §§ 14.1-128, 19.1-109, 19.1-110, 19.1-116 and 19.1-124, be amended
and reenacted as follows:

§ 14.1-128. A justice of the peace shall charge for services rendered
by him in criminal actions and proceedings the following fees only:

(1) For issuing a warrant of arrest, or a warrant for violation of any
ordinance, including the issuing of all subpoenas, one dollar; provided,
that when such fee is collected from the defendant or other person for him,
such fee shall be two dollars.

(2) For issuing a search warrant, one dollar.

(3) For admitting any person to bail or releasing a person on his own
recognizance without security, including the taking of the necessary bond,
two dollars, which shall, notwithstanding other provisions to the con-
trary, be collected at the time of admitting the person to bail, but which
shall in no case be paid out of the State treasury.

§ 19.1-109. A person arrested on a capias to answer, or hear judg-
ment on, a presentment, indictment or information for a misdemeanor,
other than such as is mentioned in § 18.1-336 or on an attachment, other
than an attachment to compel the performance of a judgment or of an
order or decree in a civil case, may be admitted to bail by the officer who
arrests him, the officer taking a recognizance in such sum, not being less
than two hundred dollars unless by general or special order of the court a
less sum be authorized, as he, regarding the case and estate of the accused,
may deem sufficient to secure his appearance before the court from which
the process issued at the time required thereby. The officers shall return the
recognizance to the court on or before the return day of such process. If
a out aultistent cause he fail to make such return, he shall forfeit twenty

ollars.

§ 19.1-110. <A justice of the peace before whom a person is brought
charged with a misdemeanor or a felony * shall not be authorized to admit
to batl any person charged with a felony, except as hereinafter prescribed.

In all cases wherein a person is charged with a misdemeanor a justice
of the peace may admit him to bail; provided, however, that the judge of
any municipal court, not of record, having jurisdiction and the judge of
any county court may authorize and direct the justices of the peace, within
his jurisdiction, to release, persons charged with a misdemeanor, on their
own recognizance, without security.

Notwithstanding the provisions of § 19.1-127, the judge of such
municipal or county court, may prescribe the regulations and requirements
to be observed by the justices of the peace in releasing persons charged
with a misdemeanor on their own recognizance without security.

No justice of the peace shall be authorized to admit to bail: (1) any
person charged with a misdemeanor after he has been arraigned or tried
by a court having jurisdiction thereof; (2) any person in jail under an
order of commitment, except the justice of the peace who committed him.

If any person released on his own recognizance without security by a
justice of the peace, pursuant to the provisions of this section, fails to ap-
pear at the time and place prescribed in such recognizance, he shall be
guilty of a misdemeanor.

A judge of a court of record in any county or city may authorize a
justice of the peace therein to admit a person charged with a felony to
batl, which authorization shall prescribe the amount of the bail and the
security therefor.

§ 19.1-116. A bail commissioner or the clerk of the circuit court of
any county or city having criminal jurisdiction and the clerks of the cor-
poration or hustings courts of the several cities may admit to bail upon
recognizance with surety all persons charged with crime in their respective
cities and counties; provided that no such clerk shall exercise any of the
powers of a bail commissioner except when the proper bail commissioner
is unable for any reason to act as such. Provided, however, that any batl
commissioner may be authorized by a judge of a court of record to release
a person charged with a misdemeanor upon his own recognizance without
security upon the same regulations and requirements as are prescribed
for justices of the peace in § 19.1-110.

None of such officers shall admit to bail in any case after any court
of record having jurisdiction to admit to bail in the case, or the judge
thereof, has acted upon the application or pending proceedings before
such court or judge to obtain bail.

If a bail commissioner or clerk refuses to admit any person to bail or
requires excessive bail, then the court of record or judge thereof having
jurisdiction to admit to bail in such clerk’s or bail commissioner’s county
or city, upon petition of such person, shall at once order him to be brought
before the court or judge in order that a motion may be made to admit
him to bail, and upon such motion the court or judge may hear testimony
and admit him to bail or remand him to jail; provided, however, that the
clerk may refuse to hear such application.

Any such bail commissioner or clerk may admit to bail any person
charged with a criminal offense, for the appearance of such person in any
court in which such person is required to appear to answer for such offense,
whether any such court be a court of the county or city of such bail com-
missioner or clerk, or of some other county or city in this State.

§ 19.1-124. The fee of the commissioner or clerk for admitting a per-
son to bail or releasing a person upon his recognizance under § 19.1-110
shall be two dollars. In no case shall the payment of such fee be made out
of the State treasury.