VA SB167 | 2018 | Regular Session
Status
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: Introduced on December 28 2017 - 25% progression, died in committee
Action: 2018-01-17 - Continued to 2019 in Courts of Justice (15-Y 0-N)
Pending: Senate Courts of Justice Committee
Text: Latest bill text (Prefiled) [HTML]
Status: Introduced on December 28 2017 - 25% progression, died in committee
Action: 2018-01-17 - Continued to 2019 in Courts of Justice (15-Y 0-N)
Pending: Senate Courts of Justice Committee
Text: Latest bill text (Prefiled) [HTML]
Summary
Discovery in criminal cases; duty to provide. Requires 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 and copy or photograph (i) any relevant written or recorded statements or confessions made by the accused and the substance of any oral statements or confessions made by the accused to any law-enforcement officer; (ii) any relevant written reports of autopsies, ballistic tests, fingerprint analyses, handwriting analyses, blood, urine, and breath tests, and other 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, buildings, or places, or copies or portions thereof, that are within the possession, custody, or control of the Commonwealth; (iv) any relevant police reports, as defined in the bill; and (v) all relevant statements, as defined in the bill, of any non-expert witness whom the Commonwealth is required to designate on a witness list. The bill also provides that if the accused files a written notice the accused shall (a) permit the Commonwealth to inspect, copy, or photograph any written reports of autopsy examinations, ballistic tests, fingerprint, blood, urine, and breath analyses, and other scientific tests that are within the possession, custody, or control of the accused and that the accused intends to introduce in evidence at the trial or sentencing; (b) disclose whether he intends to introduce evidence to establish an alibi; (c) if he intends to rely upon a defense of insanity, permit the Commonwealth to inspect, copy, or photograph any written reports of physical or mental examination of the accused made in connection with the case; and (d) disclose all relevant statements of any non-expert witness, other than the defendant, whom the defense is required to designate on a witness list. The bill provides that for good cause a party may withhold or redact certain information from such disclosures and the opposing party may file a motion to compel disclosure or to remove any restriction. The accused's duty to provide discovery shall be in addition to any duty to provide reciprocal discovery pursuant to Rule 3A:11
Title
Discovery in criminal cases; duty to provide.
Sponsors
Roll Calls
2018-01-17 - Senate - Senate: Continued to 2019 in Courts of Justice (15-Y 0-N) (Y: 15 N: 0 NV: 0 Abs: 0) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2018-01-17 | Senate | Continued to 2019 in Courts of Justice (15-Y 0-N) |
| 2017-12-28 | Senate | Referred to Committee for Courts of Justice |
| 2017-12-28 | Senate | Prefiled and ordered printed; offered 01/10/18 18100252D |
