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Subcommittee backs narrowing 'willful' failure‑to‑appear; felony exposure reduced to misdemeanor in many cases
Summary
The panel advanced HB933, a substitute that narrows the definition of willful failure to appear, caps many FTAs at misdemeanor (max 30 days) and directs judges to consider illness, transportation and other factors; supporters said it would reduce unjust collateral consequences and racial disparities (reported 7–2).
Delegate Simon reintroduced HB933 (substitute), a bill to reduce the severity of failure‑to‑appear (FTA) charges and to focus criminal penalties on truly willful flight. The substitute eliminates felony exposure for many misdemeanor FTAs, sets a cap (generally no more than 30 days) and lists factors a judge should consider when determining whether an FTA was willful (illness, transportation problems, dependent‑care needs and attempts to communicate with the court).
Supporters — including public defenders, Justice Forward, the ACLU and New Virginia Majority — described how transportation problems, scheduling errors, and other non‑willful reasons can result in punitive FTA convictions that carry harsh collateral consequences and exacerbate racial disparities. Delegate Simon cited a racial impact statement showing Black individuals are statistically more likely to be convicted of FTAs. Opponents, represented by the Virginia Association of Commonwealth's Attorneys, warned lowering penalties could incentivize failing to appear and complicate extradition in multi‑jurisdictional cases. After in‑room and online testimony, the subcommittee reported HB933 by a recorded vote of 7–2.
