{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-149.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-149.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-149.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-149.html"}],"law_id":83658,"edition_id":1,"section_id":83658,"structure_id":12918,"section_number":"19.2-149","catch_line":"How surety on a bond in recognizance may surrender principal and be discharged from liability; deposit for surrender of principal","history":"Code 1950, \u00a7 19.1-144; 1960, c. 366; 1975, c. 495; 1991, c. 581; 2004, c. 460; 2015, c. 622; 2019, cc. 176, 205; 2020, cc. 20, 531.","full_text":"A\n\nA bail bondsman or his licensed bail enforcement agent on a bond in a recognizance may at any time arrest his principal and surrender him to the court before which the recognizance was taken or before which such principal’s appearance is required, or to the sheriff, sergeant or jailer of the county or city wherein the court before which such principal’s appearance is required is located; in addition to the above authority, upon the application of the surety, the court, or the clerk thereof, before which the recognizance was taken, or before which such principal’s appearance is required, or any magistrate shall issue a capias for the arrest of such principal, and such capias may be executed by such bail bondsman or his licensed bail enforcement agent, or by any sheriff, sergeant or police officer, and the person executing such capias shall deliver such principal and such capias to the sheriff or jailer of the county or the sheriff, sergeant or jailer of the city in which the appearance of such principal is required, and thereupon the surety or the property bail bondsman shall be discharged from liability for any act of the principal subsequent thereto. Upon application of the surety for a capias, the surety shall state the basis for which the capias is being requested. Such sheriff, sergeant or jailer shall thereafter deliver such capias to the clerk of such court, with his endorsement thereon acknowledging delivery of such principal to his custody.\n\t\t\tIf a magistrate issues a capias pursuant to this section, the magistrate shall transmit a copy of the capias to the court before which such principal’s appearance is required by the close of business on the next day that is not a Saturday, Sunday, legal holiday, or day on which the court is lawfully closed.B\n\nIf a bail bondsman on a bond in a recognizance surrenders his principal for any reason other than the principal’s failure to appear in any court, the bondsman shall deposit with the clerk or magistrate the greater of 10 percent of the amount of the bond or $50, which shall be made at such time the bondsman makes application for a capias. The bondsman shall petition the court within 15 days from the surrender of the principal to show cause, if any can be shown, why the bondsman is entitled to the amount deposited. If the court finds that there was sufficient cause to surrender the principal, the court shall return the deposited funds to the bondsman. If the court finds that the surrender of the principal by the bondsman was unreasonable, the deposited funds shall be returned to the payer. Remission of funds shall not be issued by the court until the sixteenth day after the finding. If the bondsman does not petition the court for the return of the deposited funds within 15 days from the surrender of the principal, the deposited funds shall be paid into the state treasury to be credited to the Literary Fund. Nothing in this subsection shall apply to a private citizen who posted cash or real estate to secure the release of a defendant.","order_by":null,"text":{"0":{"id":299849,"text":"A bail bondsman or his licensed bail enforcement agent on a bond in a recognizance may at any time arrest his principal and surrender him to the court before which the recognizance was taken or before which such principal’s appearance is required, or to the sheriff, sergeant or jailer of the county or city wherein the court before which such principal’s appearance is required is located; in addition to the above authority, upon the application of the surety, the court, or the clerk thereof, before which the recognizance was taken, or before which such principal’s appearance is required, or any magistrate shall issue a capias for the arrest of such principal, and such capias may be executed by such bail bondsman or his licensed bail enforcement agent, or by any sheriff, sergeant or police officer, and the person executing such capias shall deliver such principal and such capias to the sheriff or jailer of the county or the sheriff, sergeant or jailer of the city in which the appearance of such principal is required, and thereupon the surety or the property bail bondsman shall be discharged from liability for any act of the principal subsequent thereto. Upon application of the surety for a capias, the surety shall state the basis for which the capias is being requested. Such sheriff, sergeant or jailer shall thereafter deliver such capias to the clerk of such court, with his endorsement thereon acknowledging delivery of such principal to his custody.\n\t\t\tIf a magistrate issues a capias pursuant to this section, the magistrate shall transmit a copy of the capias to the court before which such principal’s appearance is required by the close of business on the next day that is not a Saturday, Sunday, legal holiday, or day on which the court is lawfully closed.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":299850,"text":"If a bail bondsman on a bond in a recognizance surrenders his principal for any reason other than the principal’s failure to appear in any court, the bondsman shall deposit with the clerk or magistrate the greater of 10 percent of the amount of the bond or $50, which shall be made at such time the bondsman makes application for a capias. The bondsman shall petition the court within 15 days from the surrender of the principal to show cause, if any can be shown, why the bondsman is entitled to the amount deposited. If the court finds that there was sufficient cause to surrender the principal, the court shall return the deposited funds to the bondsman. If the court finds that the surrender of the principal by the bondsman was unreasonable, the deposited funds shall be returned to the payer. Remission of funds shall not be issued by the court until the sixteenth day after the finding. If the bondsman does not petition the court for the return of the deposited funds within 15 days from the surrender of the principal, the deposited funds shall be paid into the state treasury to be credited to the Literary Fund. Nothing in this subsection shall apply to a private citizen who posted cash or real estate to secure the release of a defendant.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":12918,"edition_id":1,"name":"Recognizances","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":12917,"metadata":{},"date_created":"2026-06-26 03:44:01","date_modified":"2026-06-26 03:44:01","permalink":{"id":171289,"object_type":"structure","relational_id":12918,"identifier":"2","token":"19.2\/9\/2","url":"\/19.2\/9\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12917,"edition_id":1,"name":"Bail and Recognizances","identifier":"9","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:44:01","date_modified":"2026-06-26 03:44:01","permalink":{"id":171209,"object_type":"structure","relational_id":12917,"identifier":"9","token":"19.2\/9","url":"\/19.2\/9\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":67839,"structure_id":12918,"section_number":"19.2-135","catch_line":"Commitment for trial; recognizance; notice to attorney for Commonwealth; remand on violation of condition","url":"\/19.2-135\/","token":"19.2\/9\/2\/19.2-135","metadata":false},{"id":81134,"structure_id":12918,"section_number":"19.2-136","catch_line":"How bonds in recognizances payable; penalty","url":"\/19.2-136\/","token":"19.2\/9\/2\/19.2-136","metadata":false},{"id":75160,"structure_id":12918,"section_number":"19.2-137","catch_line":"Order of court on recognizance","url":"\/19.2-137\/","token":"19.2\/9\/2\/19.2-137","metadata":false},{"id":80338,"structure_id":12918,"section_number":"19.2-138","catch_line":"Repealed","url":"\/19.2-138\/","token":"19.2\/9\/2\/19.2-138","metadata":false},{"id":76230,"structure_id":12918,"section_number":"19.2-141","catch_line":"How recognizance taken for incapacitated or insane person or one under disability","url":"\/19.2-141\/","token":"19.2\/9\/2\/19.2-141","metadata":false},{"id":56408,"structure_id":12918,"section_number":"19.2-142","catch_line":"Where recognizance taken out of court to be sent","url":"\/19.2-142\/","token":"19.2\/9\/2\/19.2-142","metadata":false},{"id":65004,"structure_id":12918,"section_number":"19.2-143","catch_line":"Where default recorded; process on recognizance; forfeiture on recognizance; when copy may be used; cash bond","url":"\/19.2-143\/","token":"19.2\/9\/2\/19.2-143","metadata":false},{"id":54027,"structure_id":12918,"section_number":"19.2-144","catch_line":"Forfeiture of recognizance while in military or naval service","url":"\/19.2-144\/","token":"19.2\/9\/2\/19.2-144","metadata":false},{"id":60254,"structure_id":12918,"section_number":"19.2-145","catch_line":"How penalty remitted","url":"\/19.2-145\/","token":"19.2\/9\/2\/19.2-145","metadata":false},{"id":76253,"structure_id":12918,"section_number":"19.2-146","catch_line":"Defects in form of recognizance not to defeat action or judgment","url":"\/19.2-146\/","token":"19.2\/9\/2\/19.2-146","metadata":false},{"id":83918,"structure_id":12918,"section_number":"19.2-147","catch_line":"Docketing judgment on forfeited recognizance or bond","url":"\/19.2-147\/","token":"19.2\/9\/2\/19.2-147","metadata":false},{"id":85011,"structure_id":12918,"section_number":"19.2-148","catch_line":"Surety discharged on payment of amount, etc., into court","url":"\/19.2-148\/","token":"19.2\/9\/2\/19.2-148","metadata":false},{"id":83658,"structure_id":12918,"section_number":"19.2-149","catch_line":"How surety on a bond in recognizance may surrender principal and be discharged from liability; deposit for surrender of principal","url":"\/19.2-149\/","token":"19.2\/9\/2\/19.2-149","metadata":false},{"id":54257,"structure_id":12918,"section_number":"19.2-150","catch_line":"Proceeding when surety surrenders principal","url":"\/19.2-150\/","token":"19.2\/9\/2\/19.2-150","metadata":false}],"previous_section":{"id":85011,"structure_id":12918,"section_number":"19.2-148","catch_line":"Surety discharged on payment of amount, etc., into court","url":"\/19.2-148\/","token":"19.2\/9\/2\/19.2-148","metadata":false},"next_section":{"id":54257,"structure_id":12918,"section_number":"19.2-150","catch_line":"Proceeding when surety surrenders principal","url":"\/19.2-150\/","token":"19.2\/9\/2\/19.2-150","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-149\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 7 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1960, chapter 366; in 1975, chapter 495; in 1991, chapter 581; in 2004, chapter 460<\/a>; in 2015, chapter 622<\/a>; in 2019, chapters 176<\/a> and 205<\/a>; in 2020, chapters 20<\/a> and 531<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":171339,"object_type":"law","relational_id":83658,"identifier":"19.2-149","token":"19.2\/9\/2\/19.2-149","url":"\/19.2-149\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-149\/","token":"19.2\/9\/2\/19.2-149","dublin_core":{"Title":"How surety on a bond in recognizance may surrender principal and be discharged from liability; deposit for surrender of principal","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-149","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A bail<\/span> bondsman or his licensed bail<\/span> enforcement agent on a bond<\/span> in a recognizance<\/span> may at any time arrest<\/span> his principal and surrender him to the court<\/span> before which the recognizance<\/span> was taken or before which such principal’s appearance<\/span> is required, or to the sheriff, sergeant or jailer of the county or city wherein the court<\/span> before which such principal’s appearance<\/span> is required is located; in addition to the above authority, upon the application of the surety<\/span>, the court<\/span>, or the clerk thereof, before which the recognizance<\/span> was taken, or before which such principal’s appearance<\/span> is required, or any magistrate<\/span> shall issue<\/span> a capias<\/span> for the arrest<\/span> of such principal, and such capias<\/span> may be executed by such bail<\/span> bondsman or his licensed bail<\/span> enforcement agent, or by any sheriff, sergeant or police officer, and the person<\/span> executing such capias<\/span> shall deliver such principal and such capias<\/span> to the sheriff or jailer of the county or the sheriff, sergeant or jailer of the city in which the appearance<\/span> of such principal is required, and thereupon the surety<\/span> or the property bail<\/span> bondsman shall be discharged from liability for any act of the principal subsequent thereto. Upon application of the surety<\/span> for a capias<\/span>, the surety<\/span> shall state the basis for which the capias<\/span> is being requested. Such sheriff, sergeant or jailer shall thereafter deliver such capias<\/span> to the clerk of such court<\/span>, with his endorsement thereon acknowledging delivery of such principal to his custody<\/span>.\n\t\t\tIf a magistrate<\/span> issues<\/span> a capias<\/span> pursuant to this section, the magistrate<\/span> shall transmit a copy of the capias<\/span> to the court<\/span> before which such principal’s appearance<\/span> is required by the close of business on the next day that is not a Saturday, Sunday, legal holiday, or day on which the court<\/span> is lawfully closed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If a bail<\/span> bondsman on a bond<\/span> in a recognizance<\/span> surrenders his principal for any reason other than the principal’s failure to appear in any court<\/span>, the bondsman shall deposit with the clerk or magistrate<\/span> the greater of 10 percent of the amount of the bond<\/span> or $50, which shall be made at such time the bondsman makes application for a capias<\/span>. The bondsman shall petition<\/span> the court<\/span> within 15 days from the surrender of the principal to show cause, if any can be shown, why the bondsman is entitled to the amount deposited. If the court<\/span> finds that there was sufficient cause to surrender the principal, the court<\/span> shall return the deposited funds to the bondsman. If the court<\/span> finds that the surrender of the principal by the bondsman was unreasonable, the deposited funds shall be returned to the payer. Remission of funds shall not be issued by the court<\/span> until the sixteenth day after the finding<\/span>. If the bondsman does not petition<\/span> the court<\/span> for the return of the deposited funds within 15 days from the surrender of the principal, the deposited funds shall be paid into the state treasury to be credited to the Literary Fund. Nothing in this subsection shall apply to a private citizen who posted cash or real estate to secure the release of a defendant<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nHOW SURETY ON A BOND IN RECOGNIZANCE MAY SURRENDER PRINCIPAL AND BE DISCHARGED\nFROM LIABILITY; DEPOSIT FOR SURRENDER OF PRINCIPAL (\u00a7 19.2-149)\n\nA. A bail bondsman or his licensed bail enforcement agent on a bond in a\nrecognizance may at any time arrest his principal and surrender him to the court\nbefore which the recognizance was taken or before which such principal’s\nappearance is required, or to the sheriff, sergeant or jailer of the county or\ncity wherein the court before which such principal’s appearance is\nrequired is located; in addition to the above authority, upon the application of\nthe surety, the court, or the clerk thereof, before which the recognizance was\ntaken, or before which such principal’s appearance is required, or any\nmagistrate shall issue a capias for the arrest of such principal, and such\ncapias may be executed by such bail bondsman or his licensed bail enforcement\nagent, or by any sheriff, sergeant or police officer, and the person executing\nsuch capias shall deliver such principal and such capias to the sheriff or\njailer of the county or the sheriff, sergeant or jailer of the city in which the\nappearance of such principal is required, and thereupon the surety or the\nproperty bail bondsman shall be discharged from liability for any act of the\nprincipal subsequent thereto. Upon application of the surety for a capias, the\nsurety shall state the basis for which the capias is being requested. Such\nsheriff, sergeant or jailer shall thereafter deliver such capias to the clerk of\nsuch court, with his endorsement thereon acknowledging delivery of such\nprincipal to his custody.\n\t\t\tIf a magistrate issues a capias pursuant to this section, the magistrate\nshall transmit a copy of the capias to the court before which such\nprincipal’s appearance is required by the close of business on the next\nday that is not a Saturday, Sunday, legal holiday, or day on which the court is\nlawfully closed.\n\nB. If a bail bondsman on a bond in a recognizance surrenders his principal for\nany reason other than the principal’s failure to appear in any court, the\nbondsman shall deposit with the clerk or magistrate the greater of 10 percent of\nthe amount of the bond or $50, which shall be made at such time the bondsman\nmakes application for a capias. The bondsman shall petition the court within 15\ndays from the surrender of the principal to show cause, if any can be shown, why\nthe bondsman is entitled to the amount deposited. If the court finds that there\nwas sufficient cause to surrender the principal, the court shall return the\ndeposited funds to the bondsman. If the court finds that the surrender of the\nprincipal by the bondsman was unreasonable, the deposited funds shall be\nreturned to the payer. Remission of funds shall not be issued by the court until\nthe sixteenth day after the finding. If the bondsman does not petition the court\nfor the return of the deposited funds within 15 days from the surrender of the\nprincipal, the deposited funds shall be paid into the state treasury to be\ncredited to the Literary Fund. Nothing in this subsection shall apply to a\nprivate citizen who posted cash or real estate to secure the release of a\ndefendant.\n\nHISTORY: Code 1950, \u00a7 19.1-144; 1960, c. 366; 1975, c. 495; 1991, c. 581; 2004,\nc. 460; 2015, c. 622; 2019, cc. 176, 205; 2020, cc. 20, 531.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}