CRIMINAL PROCEDURE
(P) Passed (F) Failed (V) Vetoed (I) Incorporated into other legislation (C) Carried over from 2004 Session (CD)Carried over from 2004 Session but died in Committee on or before December 10th
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Address Confidentiality Program; established to protect victims of domestic violence. Adding § 2.2-515.2. (Patron-
Miller,
HB 2876 (
F))
Advance directives; spouse or relative over 18 years of age may witness. Amending §§ 54.1-2982 and 54.1-2984. (Patron-
Kilgore,
HB 2584 (Chapter
186))
Affidavit of chain of custody; allows admission into evidence by law-enforcement officer. Adding § 19.2-268.3. (Patron-
Cosgrove,
HB 1511 (
F))
Arrest; issuance of warrant, execution. Amending § 19.2-76. (Patron-
Armstrong,
HB 1073 (
CD))
Arrest; may confer with officer by telephone or radio to discuss probable cause for warrant. Amending §§ 19.2-54 and 19.2-72. (Patron-
Bell,
HB 2258 (
F))
Bail bondsmen; restriction of releasing person already on secure bond. Amending § 19.2-123. (Patron-
Griffith,
HB 2313 (
F))
Blood alcohol tests in civil cases; admissibility of written results. Amending § 19.2-187.02. (Patron-
Griffith,
HB 2319 (
I) See
HB2118)
Blood alcohol tests in civil cases; admissibility of written results. Amending § 19.2-187.02; adding § 8.01-413.02. (Patron-
Ware, O.,
HB 2118 (Chapter
801))
Bonds; change in length of time defendant has to appear in court, forfeiture for failure to appear. Amending § 19.2-143. (Patron-
Griffith,
HB 2315 (Chapter
585))
Burglary; added to list of offenses that apply to “three strikes” law. Amending § 19.2-297.1. (Patron-
Cosgrove,
HB 2587 (
F))
Capital murder cases; removes “default” life sentence in event jury cannot agree. Amending §§ 19.2-264.4, 19.2-266.2 and 19.2-398. (Patron-
Bell,
HB 2773 (
F))
Central Criminal Records Exchange; change in powers and duties of local law-enforcement agency and State Police. Amending § 19.2-390; adding § 19.2-390.02. (Patron-
Moran,
HB 2632 (Chapter
187);
Stolle,
SB 1164 (Chapter
229))
Circuit court cases; may appeal on speedy trial grounds. Amending § 19.2-398. (Patron-
Moran,
HB 2778 (
I) See
HB1977)
Circuit courts; dismissal of warrants, etc., pretrial appeal in felony case may be taken by State. Amending §§ 19.2-266.2 and 19.2-398. (Patron-
Janis,
HB 1977 (Chapter
622))
Civil and criminal cases; testimony of husband and wife. Amending §§ 8.01-398 and 19.2-271.2. (Patron-
Johnson,
HB 2174 (Chapter
809))
Conservation officers; change of powers. Amending §§ 10.1-117 and 19.2-81. (Patron-
Shuler,
HB 2086 (Chapter
88))
Conservators of the peace; includes attorneys for Commonwealth. Amending § 19.2-12. (Patron-
Lingamfelter,
HB 1666 (Chapter
372))
Conservators of the peace; law-enforcement officers are exempt from registration and bonding requirements. Amending § 19.2-13. (Patron-
Hanger,
SB 1013 (Chapter
498))
Court-appointed counsel; compensation. Amending § 19.2-163. (Patron-
Reese,
HB 1516 (
I) See
HB1596)
Court-appointed counsel; increase of compensation when defending certain cases. Amending § 19.2-163. (Patron-
McDonnell,
HB 2814 (
F))
Court-appointed counsel; increases compensation. Amending § 19.2-163. (Patron-
Black,
HB 1596 (
F))
Criminal cases; disclosure of mental health expert testimony. Amending § 19.2-169.5. (Patron-
Lingamfelter,
HB 2678 (Chapter
428))
Criminal cases; notice to defendant 14 days prior to trial if introducing prior convictions. Amending § 19.2-295.1. (Patron-
Bell,
HB 2264 (
F))
Criminal cases; reports and records of Chief Medical Examiner to be received as evidence. Amending § 19.2-188. (Patron-
Athey,
HB 2328 (
F))
Criminal cases; sentencing proceeding by jury after conviction. Amending § 19.2-295.1. (Patron-
Frederick,
HB 1169 (
CD))
Criminal cases; testimony of husband and wife. Amending §§ 8.01-398 and 19.2-271.2. (Patron-
Johnson,
HB 352 (
CD))
Criminal history record information; allows free check for councils of Boy and Girl Scouts. Amending § 19.2-389. (Patron-
Fralin,
HB 2301 (Chapter
175))
Criminal history record information; allows free check for Crime Stoppers, Solvers or Line program board member. Amending § 19.2-389. (Patron-
Cosgrove,
HB 1676 (Chapter
149))
Criminal history records; dissemination of information. Amending § 19.2-389. (Patron-
Albo,
HB 1799 (
F))
Criminal history records check, national; only one set of fingerprints needs to be provided by prospective employee. Amending § 19.2-392.02. (Patron-
Ticer,
SB 895 (Chapter
217))
Criminal Injuries Compensation Fund; various changes to allowances. Amending §§ 16.1-301, 19.2-368.5, 19.2-368.10 and 19.2-368.11:1; adding § 19.2-368.5:2. (Patron-
Howell,
SB 1131 (Chapter
683))
Criminal Justice Academy Training Fund, Regional; requires each locality to receive no less than total amount of fees collected for deposit thereto. (Patron-
Carrico,
HB 2892 (
F))
Criminal Justice Services Board; increase of members. Amending § 9.1-108. (Patron-
Devolites Davis,
SB 988 (Chapter
672))
Criminal penalties; revision throughout Code. Amending §§ 8.01-44.4, 9.1-902, 9.1-908, 9.1-910, 16.1-69.48:1, 16.1-260, 16.1-269.1, 17.1-275.1, 17.1-275.2, 17.1-275.7, 17.1-805, 18.2-9, 18.2-10, 18.2-25, 18.2-31, 18.2-32, 18.2-46.1, 18.2-46.5, 18.2-46.6, 18.2-49, 18.2-49.1, 18.2-53, 18.2-53.1, 18.2-54.1, 18.2-54.2, 18.2-55, 18.2-57, 18.2-57.02, 18.2-57.2, 18.2-67.1, 18.2-67.2, 18.2-67.9, 18.2-67.10, 18.2-128, 18.2-144, 18.2-147.1, 18.2-289, 18.2-300, 18.2-370.2, 18.2-427, 18.2-481, 19.2-163, 19.2-215.1, 19.2-218.1, 19.2-218.2, 19.2-264.4, 19.2-270.1, 19.2-297.1, 19.2-298.01, 19.2-299, 19.2-303.4, 19.2-327.2, 19.2-327.3, 19.2-335, 19.2-336, 53.1-40.01, 53.1-131.2, 53.1-151, 54.1-2989 and 63.2-1719; adding §§ 18.2-47.1 through 18.2-47.5, 18.2-48.01, 18.2-48.02, 18.2-51.01 through 18.2-51.05, 18.2-52.01 and 18.2-52.02; repealing §§ 18.2-47, 18.2-48, 18.2-48.1, 18.2-51, 18.2-51.1, 18.2-51.2 and 18.2-67.2:1. (Patron-
Albo,
HB 1053 (
CD))
Criminal records; eligibility for expungement of police and court records. Amending § 19.2-392.2. (Patron-
Watkins,
SB 1302 (
F))
Criminal records; payment for certain expungements. Amending § 19.2-392.2. (Patron-
Reese,
HB 1584 (
F))
Criminal trials; hospitalization of mentally ill defendants. Amending §§ 19.2-169.6, 19.2-176 and 19.2-177.1. (Patron-
Edwards,
SB 640 (
CD);
Edwards,
SB 714 (
F))
Deadman’s Statute; increases amount of admissible evidence when party incapable of testifying. Amending § 8.01-397. (Patron-
Obenshain,
SB 481 (
CD))
Death penalty; changes in provisions. Amending §§ 18.2-8, 18.2-10, 18.2-22, 18.2-25 and 19.2-152.2. (Patron-
Hargrove,
HB 1879 (
F))
Death penalty; moratorium on execution of prisoners. (Patron-
Marsh,
SB 915 (
F))
Defendant in circuit court; counsel may provide with presentence report. Amending § 19.2-299. (Patron-
Hurt,
HB 2647 (Chapter
188);
Norment,
SB 910 (Chapter
219))
Deferred disposition; allows for expungement of criminal record. Amending §§ 19.2-392.1 and 19.2-392.2. (Patron-
Marrs,
HB 2201 (
F))
Detention center incarceration program; shall not be imposed as an addition to an active sentence. Amending § 19.2-316.2. (Patron-
Kilgore,
HB 2114 (Chapter
580);
Stolle,
SB 1168 (Chapter
512))
Diversion center incarceration program; shall not be in addition to an active sentence. Amending § 19.2-316.3. (Patron-
Kilgore,
HB 2920 (Chapter
604))
Domestic violence or sexual assault; privileged communications between victims and advocates. Adding §§ 8.01-400.3 and 19.2-271.4. (Patron-
Moran,
HB 2802 (
F))
Driving under influence of alcohol or drugs; if person taken to medical facility, arresting officer may issue summons on premises. Amending § 19.2-73. (Patron-
McDonnell,
HB 2668 (Chapter
425))
Driving under influence of alcohol or drugs; reimbursement of expenses related to arrest. Amending § 15.2-1716. (Patron-
Cosgrove,
HB 1739 (
F))
Embezzlement by public official of public funds; penalty. Adding § 18.2-112.1. (Patron-
Reynolds,
SB 192 (
CD))
Embezzlement by public official of public funds; penalty. Amending § 18.2-112. (Patron-
Hurt,
HB 2653 (
F))
Evidence; chain of custody form attested to by employee of law-enforcement agency responsible for custody thereof. Adding §§ 19.2-188.3 and 19.2-188.4. (Patron-
Norment,
SB 908 (
F))
Evidence, human biological; Division of Forensic Science to store, preserve, etc., and to develop an inventory for felony cases. Amending § 19.2-270.4:1. (Patron-
Marsh,
SB 808 (
F))
Facial recognition technology; definition, regulations of use. Adding §§ 19.2-70.4 through 19.2-70.7. (Patron-
Griffith,
HB 2353 (
F))
Felonies; DNA analysis of arrestees for solicitation of prostitution or drug offense. Amending § 19.2-310.2:1. (Patron-
Miles,
HB 1639 (
F))
Felons; speedy trial deadline extended due to natural disaster, strike, etc. Amending § 19.2-243. (Patron-
McDougle,
HB 2306 (
I) See
HB2663)
Felons; time limitation for trial if accused in another jurisdiction. Amending § 19.2-243. (Patron-
Shannon,
HB 1858 (
I) See
HB2663)
Felony cases; sentencing guidelines for revocation of suspension of sentence or probation. Adding § 19.2-306.1. (Patron-
Stolle,
SB 1155 (
F))
Felony cases; suspension or modification of sentence for cooperation with prosecution. Amending § 19.2-303. (Patron-
Cosgrove,
HB 522 (
CD);
Cosgrove,
HB 1675 (
F))
Felony cases; transmission of prisoner orders. Amending § 19.2-310. (Patron-
Norment,
SB 238 (
CD))
Felony convictions; issuance of writ of actual innocence based on nonbiological evidence. Adding §§ 19.2-327.10 through 19.2-327.14. (Patron-
Marsh,
SB 218 (
CD))
Felony convictions; issuance of writ of actual innocence for nonbiological evidence. Amending §§ 19.2-327.10, 19.2-327.11 and 19.2-327.13. (Patron-
Marshall, R.G.,
HB 1805 (
F))
Felony convictions; issuance of writ of actual innocence for nonbiological evidence. Amending §§ 19.2-327.10 and 19.2-327.11. (Patron-
Marsh,
SB 914 (
F))
Firearms; sentencing guideline point enhancements for certain crimes in certain localities. Adding § 19.2-298.02. (Patron-
Watkins,
SB 986 (
F))
Foreign orders; records from electronic communication service providers to comply with search warrants issued in other states. Amending § 19.2-70.3. (Patron-
Mims,
SB 1021 (
F))
Forfeiture of property; allows alternative property to be seized in cases where a defendant’s property is to be seized because of terrorism. Adding § 19.2-386.32. (Patron-
Howell,
SB 863 (
F))
Freedom of Information Act; exempts certain records of active investigations being conducted by Department of Criminal Justice Services. Amending § 2.2-3705.3. (Patron-
Scott, J.M.,
HB 2729 (Chapter
601))
Graffiti ordinance; mandatory minimum fine and jail. Amending § 15.2-1812.2. (Patron-
McDougle,
HB 1877 (Chapter
614))
Graffiti violations; use of multijurisdiction grand jury. Amending § 19.2-215.1. (Patron-
McDougle,
HB 1873 (
F))
Habeas corpus; attorney’s delayed appeal in criminal cases, petition limitations. Amending § 8.01-654; adding §§ 19.2-321.1 and 19.2-321.2. (Patron-
Albo,
HB 2628 (Chapter
836))
Habeas corpus; inadequacy of counsel allegation waives attorney-client privilege. Amending § 8.01-654. (Patron-
Hurt,
HB 2829 (
F))
Illegal aliens; authority of law-enforcement officers to arrest. Amending § 19.2-81.6. (Patron-
Parrish,
HB 1837 (
F))
Illegal manufacturing of controlled substances; court to order defendant to pay for removal and remediation associated therewith. Amending § 19.2-305.1. (Patron-
Weatherholtz,
HB 2595 (Chapter
591))
Indigent Defense Commission; regulation for appointment of chairman. Amending § 19.2-163.02. (Patron-
McDougle,
HB 2305 (Chapter
176))
Indigent Defense Commission; required to report periodically to State Crime Commission and various other committees. Amending § 19.2-163.01. (Patron-
Stolle,
SB 1165 (Chapter
230))
Indigent Defense Commission, Executive Director of; added as member of Criminal Justice Services Board. Amending § 9.1-108. (Patron-
Albo,
HB 2627 (Chapter
594))
Judges; prohibited from ex parte examinations of witnesses or evidence, exception. Adding § 19.2-268.3. (Patron-
Bell,
HB 2261 (
F))
Jurors, deaf and hearing-impaired; allows an interpreter in jury room. Amending §§ 8.01-384.1 and 19.2-164.1. (Patron-
Mims,
SB 1300 (
F))
Juveniles; emergency hospitalization prior to trial. Amending §§ 16.1-340, 16.1-341, 16.1-342, 16.1-345 and 16.1-346.1. (Patron-
Cuccinelli,
SB 1070 (Chapter
346))
Law-enforcement officers; may detain person suspected of criminal activity. Adding § 19.2-82.1. (Patron-
Mims,
SB 1207 (
F))
Magistrates; retired may be eligible to serve as substitute. Amending § 19.2-35. (Patron-
Mims,
SB 834 (
F))
Misdemeanors; law-enforcement officer may transfer issuance of summons to full arrest if believes person will flee. Amending § 19.2-74. (Patron-
Mims,
SB 1020 (
F))
Misdemeanors; possession of warrant by law-enforcement officer not necessary when making arrest. Amending § 19.2-81. (Patron-
Scott, E.T.,
HB 2808 (Chapter
435))
Multijurisdiction grand jury; includes robbery within investigative functions. Amending § 19.2-215.1. (Patron-
Janis,
HB 1619 (
F))
Pilot regional appellate office; to include within public defender’s office in City of Chesapeake. Amending § 19.2-163.04. (Patron-
Melvin,
HB 2528 (
F))
Pretrial appeal; defense to file objections on speedy trial or double jeopardy grounds in writing seven days before trial. Amending §§ 19.2-266.2 and 19.2-398. (Patron-
McDonnell,
HB 2813 (
I) See
HB1977)
Pretrial motions and appeals; defense to file objections on speedy trial or double jeopardy grounds in writing seven days before trial. Amending §§ 19.2-266.2 and 19.2-398. (Patron-
Obenshain,
SB 1177 (Chapter
694))
Probation officers; defendant shall have right of attorney present during presentence interview. Amending § 19.2-299. (Patron-
Griffith,
HB 1987 (
F))
Public defender’s office; establishment in Arlington County and City of Falls Church. Amending § 19.2-163.2. (Patron-
Ebbin,
HB 950 (
CD);
Whipple,
SB 450 (
CD))
Public defender’s office; establishment in City of Chesapeake. Amending § 19.2-163.2. (Patron-
Cosgrove,
HB 34 (
CD))
Public defender’s office; establishment in City of Hampton. Amending § 19.2-163.2. (Patron-
Gear,
HB 1454 (
CD))
Public defender’s office; establishment in City of Newport News. Amending § 19.2-163.2. (Patron-
Hamilton,
HB 583 (
CD))
Sex crimes against children; allows evidence of defendant’s prior conviction thereof in similar case. Adding § 19.2-270.7. (Patron-
Edwards,
SB 1280 (
F))
Sex offenders; numerous changes authorizing release of information to Attorney General. Amending §§ 9.1-101, 19.2-389, 19.2-389.1, 37.1-70.1, 37.1-70.2, 37.1-70.4, 37.1-70.5, 37.1-70.6, 37.1-70.9, 37.1-70.10 and 37.1-70.13; adding § 37.1-70.20. (Patron-
Griffith,
HB 1997 (Chapter
914))
Sexually abnormal offense; who may conduct mental evaluation of person convicted. Amending § 19.2-301. (Patron-
Griffith,
HB 1986 (
F))
Subpoenaed documents; provides that all copies will be available upon request to any party. Amending § 8.01-417. (Patron-
Mims,
SB 827 (Chapter
211))
Trials; dismissal of action by nonsuit. Amending § 8.01-380. (Patron-
Cuccinelli,
SB 141 (
CD))
Trials; exclusion of witnesses. Amending § 19.2-265.1. (Patron-
Mims,
SB 1022 (
F))
Wire, electronic or oral communications; redefines jurisdiction for purposes of interception. Amending §§ 19.2-61, 19.2-66, 19.2-68 and 19.2-70.2. (Patron-
Weatherholtz,
HB 2869 (Chapter
934))
Witness summons; payment of costs and expenses to physicians. Amending § 8.01-407. (Patron-
Kilgore,
HB 495 (
CD))