HB2623: Multijurisdiction grand jury; jurisdiction to include investigation of trademark infringement.
Be it enacted by the General Assembly of Virginia:
1. That 19.2-215.1 of the Code of Virginia is amended and reenacted as follows:
19.2-215.1. Functions of a multijurisdiction grand jury.
The functions of a multijurisdiction grand jury are:
1. To investigate any condition that involves or tends to promote criminal violations of:
a. Title 10.1 for which punishment as a felony is authorized;
b. 13.1-520;
e. Article 6 ( 18.2-59 et seq.) of Chapter 4 of Title 18.2;
f. Article 7.1 ( 18.2-152.1 et seq.) of Chapter 5 of Title 18.2;
g. Article 1 ( 18.2-247 et seq.) and Article 1.1 ( 18.2-265.1 et seq.) of Chapter 7 of Title 18.2;
h. Article 1 ( 18.2-325 et seq.) and Article 1.1:1 ( 18.2-340.15 et seq.) of Chapter 8 of Title 18.2, Chapter 29 ( 59.1-364 et seq.) of Title 59.1 or any other provision prohibiting, limiting, regulating, or otherwise affecting gaming or gambling activity;
i. 18.2-434, when violations occur before a multijurisdiction grand jury;
j. Article 2 ( 18.2-438 et seq.) and Article 3 ( 18.2-446 et seq.) of Chapter 10 of Title 18.2;
k. 18.2-460 for which punishment as a felony is authorized;
l. Article 1.1 ( 18.2-498.1 et seq.) of Chapter 12 of Title 18.2;
m. Article 1 ( 32.1-310 et seq.) of Chapter 9 of Title 32.1;
n. Chapter 4.2 ( 59.1-68.6 et seq.) of Title 59.1;
o. Article 9 ( 3.2-6570 et seq.) of Chapter 27.4 of Title 3.1;
p. Article 1 ( 18.2-30 et seq.) of Chapter 4 of Title 18.2;
q. Article 2.1 ( 18.2-46.1 et seq.) and Article 2.2 ( 18.2-46.4 et seq.) of Chapter 4 of Title 18.2;
r. Article 5 ( 18.2-186 et seq.) and Article 6 ( 18.2-191 et
seq.) of Chapter 6 of Title 18.2; and
s. Chapter 6.1 ( 59.1-92.1 et seq.) of Title 59.1; and
s.t. Any
other provision of law when such condition is discovered in the course of an
investigation that a multijurisdiction grand jury is otherwise authorized to
undertake and to investigate any condition that involves or tends to promote
any attempt, solicitation or conspiracy to violate the laws enumerated in this
section.
2. To report evidence of any criminal offense enumerated in subdivision 1 to the attorney for the Commonwealth or United States attorney of any jurisdiction where such offense could be prosecuted or investigated and, when appropriate, to the Attorney General.
3. To consider bills of indictment prepared by a special counsel to determine whether there is sufficient probable cause to return each such indictment as a "true bill." Only bills of indictment which allege an offense enumerated in subdivision 1 may be submitted to a multijurisdiction grand jury.
4. The provisions of this section shall not abrogate the authority of an attorney for the Commonwealth in a particular jurisdiction to determine the course of a prosecution in that jurisdiction.