Bill Text: VA SB197 | 2025 | Regular Session | Prefiled
Bill Title: Attorney General; instituting or conducting criminal prosecutions.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced) 2024-02-07 - Continued to 2025 in Finance and Appropriations (9-Y 6-N) [SB197 Detail]
Download: Virginia-2025-SB197-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §2.2-511 of the Code of Virginia is amended and reenacted as follows:
§2.2-511. Criminal cases.
A. Unless specifically requested by the Governor to do so, the
Attorney General shall have no authority to institute or conduct criminal
prosecutions in the circuit courts of the Commonwealth except in cases
involving (i) violations of the Alcoholic Beverage Control Act (§4.1-100 et
seq.), (ii) violation of laws relating to elections and the electoral process
as provided in §24.2-104, (iii) violation of laws relating to motor vehicles
and their operation, (iv) the handling of funds by a state bureau, institution,
commission or department, (v) the theft of state property, (vi) violation of
the criminal laws involving child pornography
and,
sexually explicit visual material involving children,
or violations of
criminal sexual assault under Article 7 (§18.2-61 et seq.) of Chapter 4 of Title 18.2
or commercial sex
trafficking under Article 3 (§18.2-346 et seq.) of Chapter 8 of Title 18.2
when such crimes are committed against children, (vii) the
practice of law without being duly authorized or licensed or the illegal
practice of law, (viii) violations of §3.2-4212 or 58.1-1008.2, (ix) with the
concurrence of the local attorney for the Commonwealth, violations of the
Virginia Computer Crimes Act (§18.2-152.1 et seq.), (x) with the concurrence
of the local attorney for the Commonwealth, violations of the Air Pollution
Control Law (§10.1-1300 et seq.), the Virginia Waste Management Act (§
10.1-1400 et seq.), and the State Water Control Law (§62.1-44.2 et seq.), (xi)
with the concurrence of the local attorney for the Commonwealth, violations of
Chapters 2 (§18.2-18 et seq.), 3 (§18.2-22 et seq.), and 10 (§18.2-434 et
seq.) of Title 18.2, if such crimes relate to violations of law listed in
clause (x) of this subsection, (xii) with the concurrence of the local attorney
for the Commonwealth, criminal violations by Medicaid providers or their
employees in the course of doing business, or violations of Chapter 13 (§
18.2-512 et seq.) of Title 18.2, in which cases the Attorney General may leave
the prosecution to the local attorney for the Commonwealth, or he may institute
proceedings by information, presentment or indictment, as appropriate, and
conduct the same, (xiii) with the concurrence of the local attorney for the
Commonwealth, violations of Article 9 (§18.2-246.1 et seq.) of Chapter 6 of
Title 18.2, (xiv) with the concurrence of the local attorney for the
Commonwealth, assisting in the prosecution of violations of §§18.2-186.3 and
18.2-186.4, (xv) with the concurrence of the local attorney for the
Commonwealth, assisting in the prosecution of violations of §18.2-46.2,
18.2-46.3, or 18.2-46.5 when such violations are committed on the grounds of a
state correctional facility, and (xvi) with the concurrence of the local
attorney for the Commonwealth, assisting in the prosecution of violations of
Article 10 (§18.2-246.6 et seq.) of Chapter 6 of Title 18.2.
In all other criminal cases in the circuit courts, except where the law provides otherwise, the authority of the Attorney General to appear or participate in the proceedings shall attach when the appellate court receives the record after a notice of appeal has been filed with the clerk of the circuit court noting an appeal to the Court of Appeals or the Supreme Court. In all criminal cases before the Court of Appeals or the Supreme Court in which the Commonwealth is a party or is directly interested, the Attorney General shall appear and represent the Commonwealth upon receipt of the record in the appellate court, unless, and with the consent of the Attorney General, the attorney for the Commonwealth who prosecuted the underlying criminal case files a notice of appearance to represent the Commonwealth in any such appeal. However, in an appeal regarding bail, bond, or recognizance pursuant to Article 1 (§19.2-119 et seq.) of Chapter 9 of Title 19.2 or subsection B of § 19.2-398, the attorney for the Commonwealth who prosecuted the underlying criminal case shall continue to represent the Commonwealth on appeal.
B. The Attorney General shall, upon request of a person who was the victim of a crime and subject to such reasonable procedures as the Attorney General may require, ensure that such person is given notice of the filing, of the date, time and place and of the disposition of any appeal or habeas corpus proceeding involving the cases in which such person was a victim. For the purposes of this section, a victim is an individual who has suffered physical, psychological or economic harm as a direct result of the commission of a crime; a spouse, child, parent or legal guardian of a minor or incapacitated victim; or a spouse, child, parent or legal guardian of a victim of a homicide. Nothing in this subsection shall confer upon any person a right to appeal or modify any decision in a criminal, appellate or habeas corpus proceeding; abridge any right guaranteed by law; or create any cause of action for damages against the Commonwealth or any of its political subdivisions, the Attorney General or any of his employees or agents, any other officer, employee or agent of the Commonwealth or any of its political subdivisions, or any officer of the court.
