19.2-120.1 - Presumption of no bail for illegal aliens charged with certain crimes. - Virginia Statutes

§ 19.2-120.1. Presumption of no bail for illegal aliens charged with certaincrimes.

A. In addition to the presumption against the admission to bail undersubsection B of § 19.2-120, the judicial officer shall presume, subject torebuttal, that no condition or combination of conditions will reasonablyassure the appearance of the person or the safety of the public if (i) theperson is currently charged with an offense listed in subsection A of §19.2-297.1, subsection C of § 17.1-805, any offense under Chapter 4 (§18.2-30 et seq.) of Title 18.2 except any offense under subsection A of §18.2-57.2, any felony offense under Article 1 (§ 18.2-247 et seq.) of Chapter7 of Title 18.2, or any offense under Article 2 (§ 18.2-266 et seq.), or anylocal ordinance substantially similar thereto, 4 (§ 18.2-279 et seq.), 5 (§18.2-288 et seq.), 6 (§ 18.2-299 et seq.), or 7 (§ 18.2-308 et seq.) ofChapter 7 of Title 18.2, and (ii) the person has been identified as beingillegally present in the United States by the United States Immigration andCustoms Enforcement.

B. Notwithstanding subsection A, no presumption shall exist under thissection as to any misdemeanor offense, or any felony offense under Article 1(§ 18.2-247 et seq.) of Chapter 7 of Title 18.2, unless the United StatesImmigration and Customs Enforcement has guaranteed that, in all such cases inthe Commonwealth, it will issue a detainer for the initiation of removalproceedings and agree to reimburse for the cost of incarceration from thetime of the issuance of the detainer.

(2008, cc. 469, 834.)