Indigent defendants; right to ex parte hearing for appointment of experts in capital cases. (SB248)
Introduced By
Sen. John Watkins (R-Midlothian)
Progress
√ |
Introduced |
√ |
Passed Committee |
√ |
Passed House |
√ |
Passed Senate |
☐ |
Signed by Governor |
√ |
Became Law |
Description
Indigent defendants; right to ex parte hearing for appointment of experts in capital cases. Provides that an indigent defendant who has been charged with a capital offense may move in circuit court for the appointment of experts to assist in the preparation of his defense. The presiding judge shall designate another judge in the judicial circuit who may hold an ex parte hearing on such a motion and may order the appointment of an expert. Prior to an ex parte proceeding, communication, or request, a particularized need for confidentiality must be demonstrated in an adversarial proceeding. A motion for an ex parte hearing shall be in writing and filed under seal and any ex parte hearing conducted shall be on the record and kept under seal as part of the record of the case. The court may unseal the record after the trial is concluded for good cause shown. Amends § 19.2-264.3:1.3 (“Expert assistance for indigent defendants in capital cases.”), § 19.2-264.3:4 (“Notice of expert testimony in capital case.”), of the Code of Virginia. View Full Text »
