Friday, September 5, 2008
The General Assembly is not in session.
Tracking Virginia’s General Assembly
since 2007.
HB3146: Attorney, State; duty to provide copies of police reports.
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 under Rule 3A:11 of the Rules of the Supreme Court. Rule 3A:11 shall
be construed to apply to such felony and misdemeanor prosecutions. This duty to
disclose shall be continuing and shall apply to any additional evidence or
material discovered by the Commonwealth prior to or during trial which is subject
to discovery or inspection and has been previously requested by the accused. In
any criminal prosecution for a misdemeanor by trial de novo in circuit court,
the attorney for the Commonwealth shall have a duty to adequately and fully
provide discovery as provided under Rule 7C:5 of the Rules of the Supreme
Court. In addition to the duties
provided for in this subsection, the attorney for the
Commonwealth shall have a duty to provide full and accurate copies
of any police reports or
similar information to the attorney
for the defendant or, if
unrepresented, to the defendant at
his last known address within three days
after the reports are received
by the attorney for the Commonwealth.
B. If at any time during the course of the proceedings it is brought to the attention of the court that the attorney for the Commonwealth has failed to comply with this section, the court may order the Commonwealth to permit the discovery or inspection, grant a continuance, or prohibit the Commonwealth from introducing evidence not disclosed, or the court may enter such other order as it deems just under the circumstances.
Additional Data
Explanation
This is the actual text of the bill — the legislation itself. Generally this is amending existing law, proposing the addition or removal of words from laws that are already on the books.
Words that are highlighted in yellow are
proposed additions, and words that are crossed out in
red are proposed removals.
The numbers with the § symbol before them are references to existing laws, and if you click on them they’ll take you to that part of the law on the state's website.