TITLE 19.2. CRIMINAL PROCEDURE.

§§ 19.2-11.01, 19.2-29, 19.2-30, 19.2-32, 19.2-35, 19.2-71, and 19.2-82 amended.
Deletion of obsolete cross-references. Strikes references to special magistrates and other obsolete Code sections. This bill is a recommendation of the Virginia Code Commission in furtherance of the objective to identify obsolete provisions of law pursuant to § 30-151. HB 51; CH. 310.

§§ 19.2-11.01, 19.2-11.2, 19.2-81.3, 19.2-152.8, 19.2-152.9, 19.2-152.10, and 19.2-305.1. See § 16.1-228; HB 488/SB 290.

§§ 19.2-11.3, 19.2-303.4, 19.2-354, and 19.2-368.18. See § 17.1-275; SB 150.

§ 19.2-12 amended.
Who are conservators of the peace. Adds any special agent of the Office of the Inspector General of the Department of Transportation to that list of persons considered conservators of the peace while engaged in the performance of their official duties. HB 18; CH. 86.
§ 19.2-12. See § 28.2-100; SB 326.

§§ 19.2-12 and 19.2-13. See § 54.1-306; SB 179.

§ 19.2-13. See § 22.1-280.2:1; HB 498/SB 295.

§§ 19.2-61, 19.2-66, 19.2-70.2, 19.2-120, 19.2-215.1, 19.2-294, and 19.2-386.1 through 19.2-386.5. See § 18.2-18; HB 1120/SB 514.

§ 19.2-68 amended.
Wiretaps. Allows officers from a town police department to observe or monitor an interception if that police department originated the investigation leading to the wiretap application. HB 41; CH. 91.

§ 19.2-112 amended.
Costs of extradition. Requires a fugitive found guilty to pay the costs of extradition. Currently, only a fleeing probationer or parolee who must be extradited must pay the costs. SB 513; CH. 622.

§ 2.2-3706 amended; §§ 9.1-177.1 and 19.2-152.4:2 added.
Confidentiality of pretrial and community-based probation records. Exempts any pretrial investigation report or other records of a local pretrial services agency and any report or other records of a local community-based probation agency from the Virginia Freedom of Information Act. HB 724; CH. 769.

§ 19.2-152.8. See § 16.1-253.4; HB 420.

§§ 19.2-152.8, 19.2-152.9, and 19.2-152.10 amended.
Issuance and violation of stalking protective orders; penalty. The bill provides that, except when necessary for conduct of the criminal proceeding, the address, telephone number and place of employment of an allegedly stalked person may not be disclosed. The bill also requires that protective order information be entered into the Virginia Criminal Information Network (VCIN) upon receipt. SB 485; CH. 507.

§ 19.2-163.2 amended.
Public defender's office. Establishes a public defender's office in the citiy of Norfolk. HB 242; CH. 357.

§§ 19.2-163.2 and 19.2-163.7 amended.
Public Defender Commission; duties. Requires the Public Defender Commission to (i) require and ensure that each public defender office collects and maintains caseload data and fields in a case management database on an annual basis, (ii) report annually on or before October 1 to the Virginia State Crime Commission, the House and Senate Committees for Courts of Justice, the House Committee on Appropriations, and the Senate Committee on Finance detailing Virginia's ranking amongst the 50 states in terms of pay allowed for court-appointed counsel, cost effectiveness of the various public defender offices and the cost effectiveness of establishing public defender offices in those localities that do not offer public defender services and (iii) establish four regional capital defense units by the end of fiscal year 2004. The bill also requires that in capital cases after July 1, 2004, one attorney in indigent capital cases be appointed from a capital defense unit established by the Public Defender Commission. SB 317; CH. 614.

§ 19.2-182.5 amended.
Persons acquitted of misdemeanors by reason of insanity. Provides that a person found not guilty of a misdemeanor by reason of insanity shall remain in the custody of the Commissioner of Mental Health and Mental Retardation for a period not to exceed one year from the date of acquittal and also provides that prior to or at the conclusion of one year, if the Commissioner determines that the acquittee meets the criteria for release, emergency custody, temporary detention or involuntary commitment, he shall file a petition to accomplish same. The Commissioner must notify the committing attorney for the Commonwealth prior to release. SB 482; CH. 750.

§§ 19.2-187 and 19.2-270.4:1. See § 17.1-213; SB 153.

§ 19.2-187.02 added.
Blood alcohol test admissibility. Provides that a blood alcohol test is admissible as a hospital business record in a prosecution for driving under the influence if the test was taken in a hospital emergency room. The bill also provides that such blood alcohol tests are not considered confidential medical records and that anyone who takes blood, conducts tests or offers testimony is immune from civil liability for breach of confidentiality or unauthorized release of medical records. SB 355; CH. 749.

§ 19.2-192.1 added.
Sealing of grand jury indictment. Specifies that upon ex parte motion by the Commonwealth and for good cause shown, the circuit court may seal an indictment until the defendant is arrested. HB 370; CH. 130.

§ 19.2-243 amended.
Speedy trial. Provides that a criminal trial is commenced at the point when jeopardy would attach or when a plea of guilty or nolo contendere is tendered by the defendant. As introduced, this bill was a recommendation of the Judicial Council. SB 135; CH. 743.

§ 19.2-247 amended.
Venue in homicide cases. Provides that when it is unknown where the crime was committed and the victim is removed from the Commonwealth for medical treatment prior to death and dies outside the Commonwealth, venue exists in the jurisdiction where the victim was when removed for medical treatment. SB 357; CH. 503.

§ 19.2-267.2 added.
Compliance with criminal subpoena. Provides that when a criminal subpoena has been served on a person who is not a party to the action requiring the production of information that is stored in an electronic format, the person shall produce a tangible copy of the information. If a tangible copy cannot be produced, the person shall permit the parties to review the information on a computer or by electronic means during normal business hours, provided that the information can be accessed and isolated. If a tangible copy cannot reasonably be produced and the information is commingled with information other than that requested in the subpoena and cannot reasonably be isolated, the person may file a motion for a protective order or motion to quash. HB 457; CH. 764.

§ 19.2-269.1. See § 8.01-410; HB 954/SB 650.

§ 19.2-270.5 amended.
DNA testing. Provides that lawfully acquired DNA samples obtained in a criminal investigation can be used by law-enforcement officials for comparison with evidence obtained in other crimes. HB 1230; CH. 885.

§ 19.2-270.5 amended.
DNA testing. Removes provision that prohibits inclusion of blood samples and results of analysis of the samples submitted to the Division of Forensic Science in the DNA data bank established by the Division. SB 633; CH. 627.

§§ 19.2-298.1 and 19.2-298.2 amended.
Sex Offender Registry. Requires a person convicted of a second or subsequent violation of an offense for which registration is required to continue to reregister for his lifetime. This provision is an attempt to bring Virginia into compliance with the Jacob Wetterling Act and to avoid the loss of federal funds under that act. HB 452; CH. 867.

§ 19.2-298.1 amended.
Sex offender registration; penalty. Requires any person under a duty to register as a sex offender to initially register or, upon change of residence, to reregister in person with the law-enforcement agency of the jurisdiction in which the registrant resides. Under current law, there is no requirement that the offender register in person. The bill also requires the registrant to provide a governmental photo-ID to establish proof of residence. HB 1117; CH. 731.

§ 19.2-301 amended.
Presentence mental evaluation of sex offenders. Requires the examiner's report to be confidential except as needed for the prosecution or defense of an offense or for assessment by the Attorney General for civil commitment and requires that it be sealed once the sentencing order is entered. The defendant is required to return to the court his copy of the report at the conclusion of sentencing. SB 97; CH. 662.

§ 19.2-306 amended.
Revocation of suspended sentence. Rewrites statute governing revocation of suspended sentence and probation for clarity and to allow the court to issue process (a capias or show cause) to a defendant within one year of the expiration of the probationary period. Under current law the hearing itself must be held within one year of the expiration of the probationary period. SB 634; CH. 628.

§§ 19.2-310.2, 19.2-310.4, 19.2-310.5, and 19.2-310.7 amended; §§ 19.2-310.2:1 and 19.2-310.3:1 added.
DNA analysis upon arrest for a violent felony. Requires a saliva or tissue DNA sample to be taken from every person arrested for a violent felony. If the charge is dismissed or the person is acquitted at trial the DNA sample must be destroyed by the Division of Forensic Science. The bill further provides for civil immunity for the sample taker unless he is negligent. HB 892; CH. 773 (effective 1/1/03)/SB 535; CH. 753 (effective 1/1/03).

§ 19.2-310.2 amended.
DNA sample of felons; payment. Provides for a $25 fee for withdrawal of the blood, saliva or tissue sample required to be taken from all felons. The fee will be taxed as part of the costs of the criminal case resulting in the felony conviction and one-half is to be paid into the general fund of the locality where the sample was taken and one-half into the general fund of the state treasury. SB 419; CH. 54

§§ 19.2-316.2 and 19.2-316.3 amended.
Detention and Diversion Centers. Provides that an evaluation for participation in the Detention Center Incarceration Program or the Diversion Center Incarceration Program can occur upon motion of the attorney for the Commonwealth or the court's own motion, as well as the defendant's motion. This bill is a recommendation of the Judicial Council. SB 136; CH. 604.

§§ 19.2-368.4, 19.2-368.5, 19.2-368.8, and 19.2-368.11:1 amended.
Criminal Injuries Compensation Fund. Allows Virginia residents to access the Fund if victimized while traveling in another country or in a territory. The bill provides that the parent of a child victim may apply for compensation on behalf of the child, so the parent can get lost wages for medical and legal appointments, etc. The bill also allows the person who paid for the victim's funeral to be reimbursed rather than limiting funeral reimbursement to certain relatives. The top limit award for weekly wages is increased from $200 to $600 and for moving expenses is increased from $500 to $1,000. Attorneys for the Commonwealth are directed to request restitution when an award has been made from the Fund, so that the Fund can be reimbursed. SB 137; CH. 665.

§ 19.2-389 amended.
Criminal history record information; Compeer. Allows volunteers of any Virginia affiliate of Compeer to obtain, at no cost, personal criminal history records in connection with a person's application to become a Compeer volunteer. Compeer brings trained volunteers together with adults and children receiving mental health services in one-on-one matches. HB 405; CH. 370.

§ 19.2-389 amended; § 63.1-56.01 added.
Criminal history records information. Provides that each local board of social services and licensed child-placing agency shall obtain and consider, in accordance with regulations adopted by the State Board of Social Services, criminal history record information from the Central Criminal Records Exchange and the results of a search of the child abuse and neglect central registry of any individual with whom the local board or agency is considering placing a child on an emergency, temporary or permanent basis, including the birth parent of a child in foster care placement. The local board or agency may also obtain such a criminal records or central registry search on all adult household members residing in the home of the individual with whom the child is to be placed. In emergency circumstances, each local board or licensed child-placing agency may obtain, from a criminal justice agency, criminal history record information through the Virginia Criminal Information Network. HB 1043; CH. 587/SB 219; CH. 606.

§ 19.2-389.1. See § 16.1-305; HB 310.

§ 19.2-390.01 added.
Reporting of criminal justice record information. Requires the use of Virginia crime code references on all reports to the Central Criminal Records Exchange and to any other criminal offense or offender database maintained by the State Police, the Supreme Court of Virginia, the Department of Corrections, the Department of Juvenile Justice, the Virginia Parole Board and the Department of Criminal Justice Services if reenacted in 2003. The Virginia crime code references are maintained by the Virginia Criminal Sentencing Commission. The bill designates affected agencies to meet and submit a written plan for accomplishing these requirements to the Crime Commission by December 1, 2002. HB 308; CH. 524 (effective - see bill).

§ 19.2-398 amended.
Appeal by the Commonwealth. Allows for an appeal from a circuit court in certain felony actions provided the Commonwealth certifies that the appeal is not taken for purpose of delay and that the evidence is substantial proof of a fact material in the proceeding. Under current law, the Commonwealth must certify that the evidence is essential to the prosecution. HB 68; CH. 692.

§ 19.2-398 amended.
Appeal by the Commonwealth. Allows for an appeal from a circuit court in certain felony actions provided the Commonwealth certifies that the appeal is not taken for purpose of delay and that the evidence is substantial proof of a fact material in the proceeding. Under current law, the Commonwealth must certify that the evidence is essential to the prosecution. Expands the Commonwealth's right to appeal by providing that any circuit court sentencing order that is contrary to statutory mandatory sentencing or restitution terms is appealable. SB 291; CH. 611.

2002 Digest Home | Code Commission Home