VA SB1563 | 2017 | Regular Session

Status

Spectrum: Partisan Bill (Republican 1-0)
Status: Engrossed on February 6 2017 - 50% progression, died in committee
Action: 2017-02-21 - Left in Courts of Justice
Pending: House Courts of Justice Committee
Text: Latest bill text (Comm Sub) [HTML]

Summary

Discovery in criminal cases; duty to provide. Requires the attorney for the Commonwealth, upon written notice by an accused to the court and to the attorney for the Commonwealth, to permit the accused to inspect, copy, or photograph (i) any relevant written or recorded statements or confessions made by the accused or any codefendant, or the substance of any oral statements or confessions made by the accused or any codefendant; (ii) any relevant written reports of autopsies, ballistic tests, fingerprint analyses, handwriting analyses, blood, urine, and breath tests, other written scientific reports, and written reports of a physical or mental examination of the accused or the alleged victim; (iii) any books, papers, documents, tangible objects, or buildings or places, or copies or portions thereof, that are within the possession, custody, or control of the Commonwealth; (iv) all relevant police reports; and (v) all relevant statements of any non-expert witness whom the Commonwealth is required to designate on a witness list. If the accused provides written notice for discovery, the accused shall provide reciprocal discovery, which shall include (a) any written reports of autopsy examinations, ballistic tests, fingerprint, blood, urine, and breath analyses, and other scientific tests that may be within the accused's possession, custody, or control and that the accused intends to proffer or introduce into evidence at the trial or sentencing; (b) whether he intends to introduce evidence to establish an alibi; (c) if the accused intends to rely upon an insanity defense, any written reports of physical or mental examination of the accused made in connection with the case; and (d) all relevant statements of any non-expert witness whom the defense designated on a witness list. The bill directs that the Commonwealth provide its expert disclosures no later than 14 days before trial and the accused provide his expert disclosures no later than seven days before trial. The bill provides that for good cause a party may withhold or redact certain information and either party may file a motion to compel disclosure of any information withheld or redacted.

Tracking Information

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Title

Discovery in criminal cases; duty to provide.

Sponsors


Roll Calls

2017-02-07 - Senate - Senate: Read third time and passed Senate (39-Y 1-N) (Y: 39 N: 1 NV: 0 Abs: 0) [PASS]
2017-02-03 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 1 Abs: 0) [PASS]
2017-02-01 - Senate - Senate: Reported from Courts of Justice with substitute (13-Y 1-N) (Y: 13 N: 1 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2017-02-21HouseLeft in Courts of Justice
2017-02-15HouseSubcommittee recommends laying on the table by voice vote
2017-02-10HouseAssigned Courts sub: Criminal Law
2017-02-09HouseReferred to Committee for Courts of Justice
2017-02-09HouseRead first time
2017-02-09HousePlaced on Calendar
2017-02-07SenateRead third time and passed Senate (39-Y 1-N)
2017-02-06SenateEngrossed by Senate - committee substitute SB1563S1
2017-02-06SenateCommittee substitute agreed to 17104773D-S1
2017-02-06SenateReading of substitute waived
2017-02-06SenateRead second time
2017-02-03SenateConstitutional reading dispensed (39-Y 0-N)
2017-02-01SenateCommittee substitute printed 17104773D-S1
2017-02-01SenateReported from Courts of Justice with substitute (13-Y 1-N)
2017-01-20SenateReferred to Committee for Courts of Justice
2017-01-20SenatePresented and ordered printed 17103296D

Subjects


Code Citations

ChapterArticleSectionCitation TypeStatute Text
192265.4(n/a)See Bill Text

Virginia State Sources


Bill Comments

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