TITLE 19.2. CRIMINAL PROCEDURE.
§§ 19.2-5 and 19.2-95.
See § 1-200; HB 2640.
§§ 19.2-8 and 19.2-249.2.
See § 18.2-152.2; HB 2471/SB 1163.
§§ 19.2-8 and 19.2-249.2.
See § 18.2-152.6; SB 1001.
§ 19.2-11.2.
See §18.2-46.1; HB 2217/SB 1217.
§ 19.2-12 amended.
Conservators of the peace. Provides that attorneys for the Commonwealth are conservators of the peace. HB 1666; CH. 372.
§ 19.2-13 amended.
Special conservators of the peace. Clarifies that individuals who qualify as special conservators of the peace, who meet certain training requirements, and who are employed by an agency that meets the definition of a private corporate criminal justice agency are exempt from registration and bonding requirements for special conservators of the peace. The bill also permits one judge to approve for all jurisdictions wherein a corporate applicant holds title to real property the appointment of such individual as a special conservator of the peace. SB 1013; CH. 498.
§§ 19.2-61, 19.2-66, 19.2-68, and 19.2-70.2 amended.
Location and jurisdiction of wiretaps. Redefines jurisdiction for the purposes of electronic or wire interceptions to provide that such communications shall be deemed to be intercepted in the jurisdiction where the order is entered, regardless of the physical location or the method by which the communication is captured or routed to the monitoring location. The bill also provides that an application for an ex parte order authorizing a pen register or trap and trace device may be filed in the jurisdiction where the person or persons who subscribe to the communication system live, work, or maintain an address and that such installation shall be deemed to occur in the jurisdiction where the order is entered, regardless of the physical location or the method by which the information is captured. HB 2869; CH. 934.
§ 19.2-73 amended.
Summons in lieu of warrant for DUI. Provides that if a person arrested for DUI has been taken to a medical facility for treatment or evaluation of his medical condition, the arresting officer at a medical facility may issue, on the premises of the medical facility, a summons for the DUI violation and for refusal of blood alcohol tests in lieu of securing a warrant. Currently, the summons is authorized only for a refusal. HB 2668; CH. 425.
§ 19.2-81.
See § 10.1-117; HB 2086.
§ 19.2-81 amended.
Arrest upon a misdemeanor capias. Provides that when a law-enforcement officer makes an arrest upon a misdemeanor capias, it is not necessary that he have the capias in his possession. HB 2808; CH. 435.
§ 19.2-120 amended.
Release of a sex offender on bail. Extends the presumption against bail to situations where a person is arrested for a sex offense enumerated in § 18.2-67.5:2 and the person had previously been convicted of an offense that is substantially similar to one listed in § 18.2-67.5:2 under the laws of another state or the United States. Current law does not specify that an offense in another jurisdiction creates the same presumption as an enumerated Virginia offense. HB 1542; CH. 132.
§ 19.2-143 amended.
Remission of forfeited bond. Provides that if it is brought to the attention of the court that a defendant who has defaulted on his bond is incarcerated in another state or country within 48 months of the finding of default, thereby preventing his delivery or appearance within that period, the court shall remit any bond previously ordered forfeited. The current period is 12 months. HB 2315; CH. 585.
§ 19.2-163.01 amended.
Virginia Indigent Defense Commission; powers and duties. Requires the Commission to report periodically to the Virginia State Crime Commission and the courts committees and money committees of the House and Senate on the caseload of each public defender office. SB 1165; CH. 230.
§ 19.2-163.02 amended.
Indigent Defense Commission; membership and dual office holding. Provides that if the chairman of the Virginia State Crime Commission is the chairman of the House Committee for Courts of Justice, then the vice chairman of the Committee shall serve in the position designated for the Committee chairman. If the Crime Commission chairman is the chairman of the Senate Committee for Courts of Justice, then the Senate Committee on Rules, upon the recommendation of the chairman of the Committee, shall appoint a member of the Committee to serve in the position designated for the Committee chairman. HB 2305; CH. 176.
§ 19.2-163.02.
See § 30-73.2; SB 1115.
§ 19.2-169.5 amended.
Criminal cases; mental health reports. Provides that in any felony criminal case where the defendant's sanity is in issue and defendant obtains his own expert to evaluate him, the expert shall prepare a full report and shall provide it to the attorney for the Commonwealth. HB 2678; CH. 428.
§§ 19.2-169.6, 19.2-177.1, 19.2-182.3, and 19.2-182.9.
See § 37.2-100; SB 1023.
§§ 19.2-187, 19.2-187.01, 19.2-187.2, 19.2-188.1, 19.2-270.4:1, 19.2-310.2, 19.2-310.2:1, 19.2-310.3, 19.2-310.3:1, 19.2-310.4, 19.2-310.5, 19.2-310.6, 19.2-310.7, 19.2-327.1, 19.2-327.3, 19.2-327.4, 19.2-386.23, 19.2-386.27, 19.2-387, and 19.2-389.1.
See § 9.1-102; HB 2216/SB 1153.
§ 19.2-187.02.
See § 8.01-413.02; HB 2118.
§§ 19.2-218.1, 19.2-218.2, 19.2-299, 19.2-303.4, 19.2-335, and 19.2-336.
See § 18.2-61; HB 2248.
§ 19.2-243 amended.
Speedy trial. Provides that an arrest on an indictment, warrant, information or presentment is deemed to have occurred only when the summons or capias to answer the indictment, warrant, or information is served and executed on the accused, and that the lodging of a detainer does not constitute an arrest. The bill also provides for tolling of the speedy trial statute upon the occurrence of a natural disaster, civil disorder, or act of God. HB 2663; CH. 650.
§ 19.2-262.
See § 8.01-359; SB 1274.
§§ 19.2-266.2 and 19.2-398 amended.
Defense objections; criminal appeals by the Commonwealth. Requires defense objections on speedy trial or double jeopardy grounds be filed in writing at least seven days before trial or at such time prior to trial as the grounds for the motion or objection arose, whichever occurs last. The bill also provides that in a felony case, a pretrial appeal from a circuit court may be taken by the Commonwealth from an order of a circuit court dismissing a warrant, information or indictment or any count or charge thereof, on the ground that the speedy trial statute was violated or that the defendant was subjected to double jeopardy. HB 1977; CH. 622.
§§ 19.2-266.2 and 19.2-398 amended.
Criminal procedure. Requires defense objections on speedy trial or double jeopardy grounds to be filed in writing at such time prior to trial as the grounds for motion or objection shall arise, whichever occurs last. The bill also provides that the Commonwealth may appeal from dismissal of a prosecution on speedy trial or double jeopardy grounds. Currently, such appeal must be on the ground that a statute upon which the dismissal was based was found to be unconstitutional. The bill also provides that an arrest on an indictment, warrant, information or presentment is deemed to occur only when the summons or capias is served and executed on the accused and that the lodging of a detainer does not constitute an arrest. SB 1177; CH. 694.
§ 19.2-271.2.
See § 8.01-398; HB 2174.
§ 19.2-299 amended.
Availability of presentence report to defendant. Allows counsel for the accused to provide the accused with his presentence report. HB 2647; CH. 188/SB 910; CH. 219.
§ 19.2-305.1 amended.
Crimes; restitution for cleanup of illegal lab. Requires the court to order a defendant to pay the costs associated with the removal and remediation of an illegal drug lab site. HB 2595; CH. 591.
§ 19.2-305.4 amended.
Criminal procedure; when interest is paid on an award of restitution. Provides that interest on an award of restitution runs from the date of the loss or damage unless the court specifically orders interest to run from a different date. HB 2006; CH. 79/SB 695; CH. 14.
§ 19.2-316.2 amended.
Detention center incarceration. Provides that a sentence to a Detention Center Incarceration Program shall not be imposed as an addition to an active sentence to a state correctional facility. HB 2114; CH. 580/SB 1168; CH. 512.
§ 19.2-316.3 amended.
Diversion center incarceration program. Provides that participation in a diversion center incarceration program shall not be imposed in addition to an active sentence to a state correctional facility. HB 2920; CH. 604.
§ 8.01-654 amended; §§ 19.2-321.1 and 19.2-321.2 added.
Delayed criminal appeal. Sets out a procedure for a defendant to move for leave to pursue a delayed appeal from circuit court to the Court of Appeals and from the Court of Appeals to the Supreme Court when an appeal in a criminal case was never initiated or was dismissed for failure to adhere to proper form, procedures and time limits due to error, neglect, or fault of counsel representing the appellant, or of the court reporter, or of the court or an officer or employee of the court. The motion must be made within six months of dismissal or of the lower court judgment, whichever is later. HB 2628; CH. 836.
§§ 16.1-301, 19.2-368.5, 19.2-368.10, and 19.2-368.11:1 amended; § 19.2-368.5:2 added.
Criminal Injuries Compensation Fund. Increases the maximum funeral payout from $3,500 to $5,000, reconciles inconsistent language in the definition of victim, specifies that the lack of a restitution order does not preclude the Fund from exercising its subrogation rights, provides that upon the filing of a claim, health care providers are prohibited from undertaking debt collection activities until an award is issued or determined to be noncompensable, and allows the Fund access to juvenile records in certain instances. SB 1131; CH. 683.
§§ 19.2-385 and 19.2-386.13.
See § 8.01-2; SB 1118.
§ 19.2-386.8.
See § 55-248.31; HB 2447.
§ 19.2-389 amended.
Free criminal history check for a Crime Stoppers, Crime Solvers or a Crime Line program board member. Provides that any board member or any person who has been offered membership on the board of a Crime Stoppers, Crime Solvers or Crime Line program shall not be required to pay for a criminal history records check for appointment to such a board. HB 1676; CH. 149.
§§ 19.2-389 and 19.2-389.1.
See § 37.1-70.1; HB 1997.
§ 19.2-389 amended.
Criminal history record information. Allows a person, who has applied to be a volunteer with the council of the Girl Scouts of the USA or the Boy Scouts of America serving troops in Virginia, to receive his own criminal history information at no charge. The bill will not become effective unless an appropriation of funds effectuating the purposes of the bill is included in the general appropriation act. HB 2301; CH. 175.
§ 19.2-389.
See § 57-16.1; HB 2697.
§ 19.2-390 amended; § 19.2-390.02 added.
Criminal procedure; Central Criminal Records Exchange. Requires, as of January 1, 2006, the law-enforcement agency making a report to the Exchange to include within its report, along with the fingerprints, a photograph of the individual arrested. The State Police and local law enforcement are required to establish written procedures for conducting in-person and photographic lineups. HB 2632; CH. 187/SB 1164; CH. 229.
§ 19.2-392 amended.
Criminal procedure; fee for fingerprints. Increases fingerprint fees for noncriminal prints from $5 per card to $10 for the first card and $5 for each successive card. SB 1084; CH. 347.
§ 19.2-392.02 amended.
Criminal procedure; national criminal background checks by businesses and organizations providing care to children, the elderly and disabled. Provides that only one set of fingerprints needs to be provided by the prospective employee of a business or organization providing care to children, the elderly or disabled as part of such entity's request for a national criminal background check on the prospective employee. Currently, two sets are required; however, electronic reproduction eliminates the need for two sets. SB 895; CH. 217.