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]
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.
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]
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
Date | Chamber | Action |
---|---|---|
2017-02-21 | House | Left in Courts of Justice |
2017-02-15 | House | Subcommittee recommends laying on the table by voice vote |
2017-02-10 | House | Assigned Courts sub: Criminal Law |
2017-02-09 | House | Referred to Committee for Courts of Justice |
2017-02-09 | House | Read first time |
2017-02-09 | House | Placed on Calendar |
2017-02-07 | Senate | Read third time and passed Senate (39-Y 1-N) |
2017-02-06 | Senate | Engrossed by Senate - committee substitute SB1563S1 |
2017-02-06 | Senate | Committee substitute agreed to 17104773D-S1 |
2017-02-06 | Senate | Reading of substitute waived |
2017-02-06 | Senate | Read second time |
2017-02-03 | Senate | Constitutional reading dispensed (39-Y 0-N) |
2017-02-01 | Senate | Committee substitute printed 17104773D-S1 |
2017-02-01 | Senate | Reported from Courts of Justice with substitute (13-Y 1-N) |
2017-01-20 | Senate | Referred to Committee for Courts of Justice |
2017-01-20 | Senate | Presented and ordered printed 17103296D |