Bill Text: VA HB246 | 2016 | Regular Session | Prefiled
Bill Title: Discovery in criminal cases; duty to provide.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-02-16 - Left in Courts of Justice [HB246 Detail]
Download: Virginia-2016-HB246-Prefiled.html
16100621D Be it enacted by the General Assembly of Virginia: 1. That §19.2-265.4 of the Code of Virginia is amended and reenacted as follows: §19.2-265.4. Failure to provide discovery. A. In any criminal prosecution for a felony in a circuit court
or for a misdemeanor brought on direct indictment, the attorney for the
Commonwealth shall have a duty to adequately and fully provide discovery as
provided in subsections B and
C and
under Rule 3A:11 of the Rules of B. Upon written notice by an accused to the court and to the attorney for the Commonwealth, the attorney for the Commonwealth shall permit the accused to inspect, copy, or photograph: 1. Any relevant (i) 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, the existence of which is known to the attorney for the Commonwealth, and (ii) written reports of autopsies, ballistic tests, fingerprint analyses, handwriting analyses, blood, urine, and breath tests, other scientific reports, and written reports of a physical or mental examination of the accused or the alleged victim made in connection with the particular case that are known by the attorney for the Commonwealth to be within the possession, custody, or control of the Commonwealth; 2. Designated books, papers, documents, tangible objects, buildings, or places, or copies or portions thereof, that are within the possession, custody, or control of the Commonwealth, provided that the attorney for the Commonwealth may object to the reasonableness of the request; and 3. All relevant police reports, except as otherwise provided by statute. C. For good cause, the attorney for the Commonwealth may withhold or redact personally identifying information to protect the personal or financial security of a victim or witness or medical records, or condition the disclosure of such information on restricting copying or dissemination of such information, including limiting disclosure to the accused's counsel. The accused may file a motion to compel disclosure of any information withheld or redacted.
|