Bill Text: VA HB13 | 2010 | Regular Session | Chaptered
Bill Title: Presentence reports; available to counsel for convicted person.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2010-04-07 - Governor: Acts of Assembly Chapter text (CHAP0223) [HB13 Detail]
Download: Virginia-2010-HB13-Chaptered.html
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Be it enacted by the General Assembly of Virginia: 1. That §§9.1-177.1 and 19.2-299 of the Code of Virginia are amended and reenacted as follows: §9.1-177.1. Confidentiality of records of and reports on adult persons under investigation by, or placed on probation supervision with a local community-based probation services agency. A. Any investigation report, including a presentencing
investigation report, prepared by a local community-based probation officer is
confidential and is exempt from the Virginia Freedom of Information Act (§
2.2-3700 et seq.). Such reports shall be filed as a part of the case record.
Such reports shall be made available only by court order and shall be sealed
upon final order by the court; except that such reports shall be available upon
request to (i) any criminal justice agency, as defined in §9.1-101, of this or
any other state or of the United States; (ii) any agency where the accused is
referred for assessment or treatment; B. Any report on the progress of an offender under the
supervision §19.2-299. Investigations and reports by probation officers in certain cases. A. When a person is tried in a circuit court (i) upon a charge
of assault and battery in violation of §18.2-57 or 18.2-57.2, stalking in
violation of §18.2-60.3, sexual battery in violation of §18.2-67.4, attempted
sexual battery in violation of §18.2-67.5, or driving while intoxicated in violation
of §18.2-266, and is adjudged guilty of such charge, unless waived by the
court and the defendant and the attorney for the Commonwealth, the court may,
or on motion of the defendant shall; or (ii) upon a felony charge not set forth
in subdivision (iii) below, the court may when there is a plea agreement
between the defendant and the Commonwealth and shall when the defendant pleads
guilty without a plea agreement or is found guilty by the court after a plea of
not guilty; or (iii) the court shall when a person is charged and adjudged
guilty of a felony violation, or conspiracy to commit or attempt to commit a
felony violation, of §18.2-46.2, 18.2-46.3, 18.2-48, clause (2) or (3) of §
18.2-49, §18.2-61, 18.2-63, 18.2-64.1, 18.2-64.2, 18.2-67.1, 18.2-67.2,
18.2-67.3, 18.2-67.4:1, 18.2-67.5, 18.2-67.5:1, 18.2-355, 18.2-356, 18.2-357,
18.2-361, 18.2-362, 18.2-366, 18.2-368, 18.2-370, 18.2-370.1, or 18.2-370.2, or
any attempt to commit or conspiracy to commit any felony violation of §
18.2-67.5, 18.2-67.5:2, or 18.2-67.5:3, direct a probation officer of such
court to thoroughly investigate and report upon the history of the accused,
including a report of the accused's criminal record as an adult and available
juvenile court records, any information regarding the accused's participation
or membership in a criminal street gang as defined in §18.2-46.1, and all
other relevant facts, to fully advise the court so the court may determine the
appropriate sentence to be imposed. Unless the defendant or the attorney for
the Commonwealth objects, the court may order that the report contain no more
than the defendant's criminal history, any history of substance abuse, any
physical or health-related problems as may be pertinent, and any applicable
sentencing guideline worksheets. This expedited report shall be subject to all
the same procedures as all other sentencing reports and sentencing guidelines
worksheets. The probation officer, after having furnished a copy of this report
at least five days prior to sentencing to counsel for the accused and the
attorney for the Commonwealth for their permanent use, shall submit his report
in advance of the sentencing hearing to the judge in chambers, who shall keep
such report confidential. Counsel for the accused may provide the accused with
a copy of the presentence report. The probation officer shall be available to
testify from this report in open court in the presence of the accused, who
shall have been provided with a copy of the presentence report by his counsel
or advised of its contents and be given the right to cross-examine the
investigating officer as to any matter contained therein and to present any
additional facts bearing upon the matter. The report of the investigating
officer shall at all times be kept confidential by each recipient, and shall be
filed as a part of the record in the case. Any report so filed shall be made
available only by court order and shall be sealed upon final order by the
court, except that such reports or copies thereof shall be available at any
time to any criminal justice agency, as defined in §9.1-101, of this or any
other state or of the United States; to any agency where the accused is
referred for treatment by the court or by probation and parole services; and to
counsel for any person who has been indicted jointly for the same felony as the
person subject to the report. B. As a part of any presentence investigation conducted pursuant to subsection A when the offense for which the defendant was convicted was a felony, the court probation officer shall advise any victim of such offense in writing that he may submit to the Virginia Parole Board a written request (i) to be given the opportunity to submit to the Board a written statement in advance of any parole hearing describing the impact of the offense upon him and his opinion regarding the defendant's release and (ii) to receive copies of such other notifications pertaining to the defendant as the Board may provide pursuant to subsection B of §53.1-155. C. As part of any presentence investigation conducted pursuant to subsection A when the offense for which the defendant was convicted was a felony drug offense set forth in Article 1 (§18.2-247 et seq.) of Chapter 7 of Title 18.2, the presentence report shall include any known association of the defendant with illicit drug operations or markets. D. As a part of any presentence investigation conducted pursuant to subsection A, when the offense for which the defendant was convicted was a felony, not a capital offense, committed on or after January 1, 2000, the defendant shall be required to undergo a substance abuse screening pursuant to §18.2-251.01. |
