THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Wednesday, March 6, 1996 TAG: 9603060613
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY LYNN WALTZ, STAFF WRITER
DATELINE: RICHMOND LENGTH: Medium: 71 lines
A bail-bond reform bill that will make it more difficult for violent criminals to be released before trial has passed the General Assembly.
The bill would apply to defendants charged with violent or serious drug crimes who previously had been convicted of violent or serious drug crimes.
Declaring the bill ``a major victory'' in the war on crime, Del. Billy Moore, D-Portsmouth, said the reform bill will ``solve 75 percent'' of the violent crime problem in Portsmouth. The bill must be signed by the governor before it becomes law.
The bill rose out of complaints from Portsmouth citizens and officials about the high crime rate in the city and low solution rates on violent crimes. Critics such as Moore have cited a ``revolving door'' system that has allowed violent criminals out on the streets after arrest.
Crimes covered by the bill include murder, malicious wounding, robbery, sexual assault, selling drugs and being a drug kingpin.
Criminal justice officials say low bails have led to frequent witness intimidation - sometimes including threats of violence - that causes witnesses to stop cooperating with authorities, resulting in cases that fall apart.
The bill offers a new tool to magistrates and judges to hold violent criminals without bond by reversing the usual presumption of innocence for violent offenders. Usually, it is up to prosecutors to prove that a criminal is a threat to society or a risk of flight. Under the bill, the accused would have to offer evidence that he is not a threat to society or risk of flight before he can be released.
``This puts the burden on the defendant,'' Moore said. ``He must show he's not a danger. That's a very difficult burden to overcome. It makes it very difficult for violent criminals to be out on bond.''
Moore said the bill arose from specific cases in Portsmouth in which violent criminals were released despite repeated crimes and repeatedly not showing up for court appearances. Moore cited statistics of nine suspects released on bond.
One had 18 charges of failure to appear. One had 10 charges of failure to appear, and a history of drug possession, felonious assault and murder. All together, the nine suspects had a total of 40 charges of failure to appear.
Moore said police officers will have to bring criminal histories into bond hearings so judges and magistrates, who set bond, can comply with the new law.
In addition, the Assembly already has passed another bill sponsored by Moore that would help discourage witness intimidation, Moore said. Penalties for obstruction of justice would be increased from a $500 fine to a sentence of up to six months in jail.
``I don't think the public wants these types of individuals out on bond pending trial,'' Moore said of the defendants who would be affected by the bills.
``Citizens have a right to expect safer streets.''
PILOT ONLINE: Full texts of the bills are on the News page at http://www.pilotonline.com/ MEMO: Staff writer David Poole contributed to this story.
ILLUSTRATION: Color photo
Del. William Moore says the bill will ``solve 75 percent'' of
Portsmouth's violent crime problems.
KEYWORDS: GENERAL ASSEMBLY by CNB