HB56: Multi-jurisdiction grand juries; numerous changes to laws governing.
Be it enacted by the General Assembly of Virginia:
1. That §§ 19.2-192, 19.2-215.1, 19.2-215.5, 19.2-215.6, and 19.2-215.9 of the Code of Virginia are amended and reenacted as follows:
§ 19.2-192. Secrecy in grand jury proceedings.
Except as otherwise provided in this chapter, every attorney
for the Commonwealth, special counsel, sworn investigator, and member of a
regular or, special, or multi-jurisdiction grand jury
shall keep secret all proceedings which occurred during sessions of the grand
jury; provided, however, in a prosecution for perjury of a witness examined
before a regular grand jury, a regular grand juror may be required by the court
to testify as to the testimony given by such witness before the regular grand
jury.
§ 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 65 of Title 3.2;
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;
s. Chapter 6.1 (§ 59.1-92.1 et seq.) of Title 59.1;
t. § 18.2-178 where the violation involves insurance fraud;
u. § 18.2-356;
v. Article 9 (§ 18.2-246.1 et seq.) of Chapter 6 of Title 18.2;
w. Article 2 (§ 18.2-38 et seq.) of Chapter 4 of Title 18.2;
x. Malicious felonious assault and malicious bodily wounding under Article 4 (§ 18.2-51 et seq.) of Chapter 4 of Title 18.2;
y. Article 5 (§ 18.2-58 et seq.) of Chapter 4 of Title 18.2;
z. Felonious sexual assault under Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2;
aa. Arson in violation of § 18.2-77 when the structure burned was occupied or a Class 3 felony violation of § 18.2-79;
bb. Chapter 13 (§ 18.2-512 et seq.) of Title 18.2; and
cc. 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 and for which a court reporter has recorded all oral testimony as
provided by § 19.2-215.9 to the attorney for the Commonwealth or United States
attorney of any jurisdiction where such offense could be prosecuted or
investigated and, or to the chief law-enforcement officer of any
jurisdiction where such offense could be prosecuted or investigated, or to a
sworn investigator designated pursuant to § 19.2-215.6, or, 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.
§ 19.2-215.5. Subpoena power; counsel for witness; oath.
A multi-jurisdiction grand jury has statewide subpoena power
and, through special counsel, may subpoena persons to appear before it
to testify or to produce and may subpoena the production of
evidence, with or without the custodian of records at the election of
special counsel, in the form of specified records, papers, documents,
or other tangible things. Such subpoenas shall be returnable for a specific
meeting of the multi-jurisdiction grand jury. Mileage and such other
reasonable expenses as are approved by the presiding judge shall be paid such
persons from funds appropriated for such purpose.
A witness before a multi-jurisdiction grand jury shall be entitled to the presence of counsel in the grand jury room, but he may not participate in the proceedings.
The foreman shall administer the oath required by law for witnesses.
§ 19.2-215.6. Role and presence of special counsel; examination of witnesses; sworn investigators.
Special counsel may be present during the investigatory stage of a multi-jurisdiction grand jury proceeding and may examine any witness who is called to testify or produce evidence. The examination of a witness by special counsel shall in no way affect the right of any grand juror to examine the witness.
At the request of special counsel, the presiding judge shall designate specialized personnel for investigative purposes. Such personnel shall be designated as a sworn investigator and shall be administered an oath to maintain the secrecy of all proceedings of the multi-jurisdiction grand jury. A sworn investigator is permitted to discuss multi-jurisdiction grand jury proceedings with any other sworn investigator or special counsel and may participate in multi-jurisdiction grand jury proceedings at the request of special counsel or the grand jury. Any specialized personnel who have been administered an oath to maintain the secrecy of all proceedings of the multi-jurisdiction grand jury before July 1, 2014, and who continue to serve in that position are deemed to be sworn investigators under this section.
Special counsel and sworn investigators, however, may not be present at any time during the deliberations of a multi-jurisdiction grand jury except when the grand jury requests the legal advice of special counsel as to specific questions of law.
§ 19.2-215.9. Court reporter provided; safekeeping of transcripts, notes, etc.; when disclosure permitted; access to record of testimony and evidence.
A. A court reporter shall be provided for a multi-jurisdiction
grand jury to record, manually or electronically, and transcribe all oral
testimony taken before a multi-jurisdiction grand jury, but such a reporter
shall not be present during any stage of its deliberations. Such transcription
shall include the original or copies of all documents, reports, or other
evidence presented to the multi-jurisdiction grand jury. The notes, tapes,
and transcriptions of the reporter are for the use of the multi-jurisdiction
grand jury, and the contents thereof shall not be used or divulged by anyone
except as provided in this article. After the multi-jurisdiction grand jury has
completed its use of the notes, tapes, and transcriptions, the foreman
shall cause them to be delivered to the presiding judge clerk of the
circuit court in whose jurisdiction the multi-jurisdiction grand jury sits,
with copies provided to special counsel. Upon motion of special counsel, the
presiding judge may order that such notes, tapes, and transcriptions be
destroyed at the direction of special counsel by any means the presiding judge
deems sufficient, provided that at least seven years have passed from the date
of the multi-jurisdiction grand jury proceeding where such notes, tapes, and
transcriptions were made.
B. The presiding judge clerk shall cause the
notes, tapes, and transcriptions or other evidence to be kept safely. Upon
motion to the presiding judge, special counsel shall be permitted to review any
of the evidence which was presented to the multi-jurisdiction grand jury, and
shall be permitted to make notes and to duplicate portions of the evidence as
he deems necessary for use in a criminal investigation or proceeding. Special
counsel shall maintain the secrecy of all information obtained from a review or
duplication of the evidence presented to the multi-jurisdiction grand jury,
except that this information may be disclosed pursuant to the provisions of
subdivision 2 of § 19.2-215.1. Upon motion to the presiding judge by a person
indicted by a multi-jurisdiction grand jury, similar permission to review, note,
or duplicate evidence shall be extended if it appears that the permission is
consistent with the ends of justice and is necessary to reasonably inform such
person of the nature of the evidence to be presented against him, or to
adequately prepare his defense.
C. If any witness who voluntarily testified or produced
evidence before the multi-jurisdiction grand jury is prosecuted on the basis of
his testimony or the evidence he produced, or if any witness who was
compelled to testify or to produce evidence is prosecuted for perjury on
the basis of his testimony or the evidence he produced before the
multi-jurisdiction grand jury, the presiding judge, on motion of either the
Commonwealth special counsel or the defendant, shall permit both
the Commonwealth and the defendant access to the testimony of or evidence
produced by the defendant before the multi-jurisdiction grand jury. The
testimony and the evidence produced by the defendant voluntarily before
the multi-jurisdiction grand jury shall then be admissible in the trial of the
criminal offense with which the defendant is charged, (i) to
establish a charge of perjury in the Commonwealth's case-in-chief on the basis
of his testimony before the multi-jurisdiction grand jury and (ii) for the
purpose of impeaching the defendant in the trial of any other criminal
matter, provided the testimony or evidence being used for impeachment was
produced by the defendant voluntarily before the multi-jurisdiction grand jury.
Be it enacted by the General Assembly of Virginia:
1. That §§ 19.2-192, 19.2-215.1, 19.2-215.3, 19.2-215.5, 19.2-215.6, 19.2-215.8, and 19.2-215.9 of the Code of Virginia are amended and reenacted as follows:
§ 19.2-192. Secrecy in grand jury proceedings.
Except as otherwise provided in this chapter, every witness,
counsel for a witness, attorney for the Commonwealth, special counsel, sworn
investigator, and member of a regular or, special, or
multi-jurisdiction grand jury shall keep secret all proceedings which
occurred during sessions of the grand jury; provided, however, in a prosecution
for perjury of a witness examined before a regular grand jury, a regular grand
juror may be required by the court to testify as to the testimony given by such
witness before the regular grand jury. [ Nothing in this section shall
prevent a witness from disclosing information that the witness possessed prior
to his appearance before the grand jury. ]
§ 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 65 of Title 3.2;
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;
s. Chapter 6.1 (§ 59.1-92.1 et seq.) of Title 59.1;
t. § 18.2-178 where the violation involves insurance fraud;
u. § 18.2-356;
v. Article 9 (§ 18.2-246.1 et seq.) of Chapter 6 of Title 18.2;
w. Article 2 (§ 18.2-38 et seq.) of Chapter 4 of Title 18.2;
x. Malicious felonious assault and malicious bodily wounding under Article 4 (§ 18.2-51 et seq.) of Chapter 4 of Title 18.2;
y. Article 5 (§ 18.2-58 et seq.) of Chapter 4 of Title 18.2;
z. Felonious sexual assault under Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2;
aa. Arson in violation of § 18.2-77 when the structure burned was occupied or a Class 3 felony violation of § 18.2-79;
bb. Chapter 13 (§ 18.2-512 et seq.) of Title 18.2; and
cc. 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 and for which a court reporter has recorded all oral testimony as provided by § 19.2-215.9 to the attorney for the Commonwealth or United States attorney of any jurisdiction where such offense could be prosecuted or investigated, to the chief law-enforcement officer of any jurisdiction where such offense could be prosecuted or investigated, to a sworn investigator, 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." and to issue reports at
the request of a special counsel when there is a finding made that there is
insufficient probable cause to return an indictment as a "true bill"
for an offense enumerated in subdivision 1. 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.
§ 19.2-215.3. When impaneled; impaneling order.
Upon application by two or more attorneys for the
Commonwealth, the Chief Justice of the Supreme Court, or any justice designated
by the Chief Justice, may within twenty 20 days thereafter order
the impaneling of a multi-jurisdiction grand jury for a term of twelve 12
months. The term of such a grand jury may be extended for successive periods of
not more than six 12 months by the Chief Justice, or by any
justice designated by the Chief Justice, upon the petition of a majority of the
members of the grand jury.
The impaneling order shall designate the jurisdiction requested on the application as the jurisdiction where the multi-jurisdiction grand jury shall be convened and shall, unless all judges of that circuit have recused themselves, appoint a judge of the circuit court of that jurisdiction as the presiding judge. The impaneling order shall also designate special counsel and each special counsel who will assist the multi-jurisdiction grand jury as listed in the application. The presiding judge shall substitute or appoint additional special counsel upon motion of special counsel.
§ 19.2-215.5. Subpoena power; counsel for witness; oath.
A multi-jurisdiction grand jury has statewide subpoena power
and, through special counsel, may subpoena persons to appear before it
to testify or to produce and may subpoena the production of
evidence, with or without the custodian of records at the election of
special counsel, in the form of specified records, papers, documents,
or other tangible things. Such subpoenas shall be returnable for a specific
meeting of the multi-jurisdiction grand jury. Mileage and such other
reasonable expenses as are approved by the presiding judge shall be paid such
persons from funds appropriated for such purpose.
A witness before a multi-jurisdiction grand jury shall be entitled to the presence of counsel in the grand jury room, but he may not participate in the proceedings.
The foreman shall administer the oath required by law for witnesses.
§ 19.2-215.6. Role and presence of special counsel; examination of witnesses; sworn investigators.
Special counsel may be present during the investigatory stage of a multi-jurisdiction grand jury proceeding and may examine any witness who is called to testify or produce evidence. The examination of a witness by special counsel shall in no way affect the right of any grand juror to examine the witness.
At the request of special counsel, the presiding judge shall designate specialized personnel for investigative purposes. Such personnel shall be designated as a sworn investigator and shall be administered an oath to maintain the secrecy of all proceedings of the multi-jurisdiction grand jury. A sworn investigator is permitted to discuss multi-jurisdiction grand jury proceedings with any other sworn investigator or special counsel and may participate in multi-jurisdiction grand jury proceedings at the request of special counsel or the grand jury. Any specialized personnel who have been administered an oath to maintain the secrecy of all proceedings of the multi-jurisdiction grand jury before July 1, 2014, and who continue to serve in that position are deemed to be sworn investigators under this section.
Special counsel and sworn investigators, however, may not be present at any time during the deliberations of a multi-jurisdiction grand jury except when the grand jury requests the legal advice of special counsel as to specific questions of law.
§ 19.2-215.8. Returning a "true bill" of indictment or report; jurisdiction to be set out.
In order to return a "true bill" of indictment or a report, a majority, but in no instance less than five, of the multi-jurisdiction grand jurors must concur in that finding. A multi-jurisdiction grand jury may return a "true bill" of indictment or a report upon the testimony of, or evidence produced by, any witness who was called by the grand jury, upon evidence presented to it by special counsel, or upon evidence sent to it by the presiding judge.
Every "true bill" of indictment returned by a multi-jurisdiction grand jury shall state in which jurisdiction or jurisdictions the offense is alleged to have occurred. Thereafter, when venue is proper in more than one jurisdiction, the presiding judge who directed the grand jury proceeding shall elect in which one of the jurisdictions named in the indictment the indictment is to be prosecuted.
§ 19.2-215.9. Court reporter provided; safekeeping of transcripts, notes, etc.; when disclosure permitted; access to record of testimony and evidence.
A. A court reporter shall be provided for a multi-jurisdiction
grand jury to record, manually or electronically, and transcribe all oral
testimony taken before a multi-jurisdiction grand jury, but such a reporter
shall not be present during any stage of its deliberations. Such transcription
shall include the original or copies of all documents, reports, or other
evidence presented to the multi-jurisdiction grand jury. The notes, tapes,
and transcriptions of the reporter are for the use of the multi-jurisdiction
grand jury, and the contents thereof shall not be used or divulged by anyone
except as provided in this article. After the multi-jurisdiction grand jury has
completed its use of the notes, tapes, and transcriptions, the foreman
shall cause them to be delivered to the presiding judge clerk of the
circuit court in whose jurisdiction the multi-jurisdiction grand jury sits,
with copies provided to special counsel. Upon motion of special counsel, the
presiding judge may order that such notes, tapes, and transcriptions be
destroyed at the direction of special counsel by any means the presiding judge
deems sufficient, provided that at least seven years have passed from the date
of the multi-jurisdiction grand jury proceeding where such notes, tapes, and
transcriptions were made.
B. The presiding judge clerk shall cause the
notes, tapes, and transcriptions or other evidence to be kept safely. Upon
motion to the presiding judge, special Special counsel shall be
permitted to review any of the evidence which was presented to the
multi-jurisdiction grand jury, and shall be permitted to make notes and to
duplicate portions of the evidence as he deems necessary for use in a criminal
investigation or proceeding. Special counsel shall maintain the secrecy of all
information obtained from a review or duplication of the evidence presented to
the multi-jurisdiction grand jury, except that this information may be
disclosed pursuant to the provisions of subdivision 2 of § 19.2-215.1. Upon
motion to the presiding judge by special counsel or a person indicted by
a multi-jurisdiction grand jury, similar permission to review, note, or
duplicate evidence shall be extended if it appears that the permission is
consistent with the ends of justice and is necessary to reasonably inform such
person of the nature of the evidence to be presented against him, or to
adequately prepare his defense.
C. If any witness who voluntarily testified or produced
evidence before the multi-jurisdiction grand jury is prosecuted on the basis of
his testimony or the evidence he produced, or if any witness who was
compelled to testify or to produce evidence is prosecuted for perjury on
the basis of his testimony or the evidence he produced before the
multi-jurisdiction grand jury, the presiding judge, on motion of either the
Commonwealth special counsel or the defendant, shall permit both
the Commonwealth and the defendant access to the testimony of or evidence
produced by the defendant before the multi-jurisdiction grand jury. The
testimony and the evidence produced by the defendant voluntarily before the
multi-jurisdiction grand jury shall then be admissible in the trial of the
criminal offense with which the defendant is charged, (i) to
establish a charge of perjury in the Commonwealth's case-in-chief on the basis
of his testimony before the multi-jurisdiction grand jury and (ii) for the
purpose of impeaching the defendant in the trial of any other criminal
matter, provided the testimony or evidence being used for impeachment was
produced by the defendant voluntarily before the multi-jurisdiction grand jury.
D. If the multi-jurisdiction grand jury issues a report at the request of special counsel based on a finding that there is insufficient probable cause to return an indictment as a "true bill" for an offense enumerated in this article, the presiding judge, upon motion of special counsel, may release and make public the multi-jurisdiction grand jury's report.
E. A witness before the multi-jurisdiction grand jury may file a motion to release and make public the witness's testimony before the multi-jurisdiction grand jury. The presiding judge shall receive evidence in camera on the witness's motion from the witness and the attorney for the Commonwealth or special counsel. The presiding judge may release and make public the witness's testimony upon good cause shown.
HOUSE BILL NO. 56
Be it enacted by the General Assembly of Virginia:
1. That §§ 19.2-192, 19.2-215.1, 19.2-215.3, 19.2-215.5, 19.2-215.6, 19.2-215.8, and 19.2-215.9 of the Code of Virginia are amended and reenacted as follows:
§ 19.2-192. Secrecy in grand jury proceedings.
Except as otherwise provided in this chapter, every witness, counsel for a
witness, attorney for the Commonwealth, special counsel,
sworn investigator, and member of a regular or,
special, or multi-jurisdiction
grand jury shall keep secret all proceedings which occurred during sessions of
the grand jury; provided, however, in a prosecution for perjury of a witness
examined before a regular grand jury, a regular grand juror may be required by
the court to testify as to the testimony given by such witness before the
regular grand jury.
§ 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 65 of Title 3.2;
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;
s. Chapter 6.1 (§ 59.1-92.1 et seq.) of Title 59.1;
t. § 18.2-178 where the violation involves insurance fraud;
u. § 18.2-356;
v. Article 9 (§ 18.2-246.1 et seq.) of Chapter 6 of Title 18.2;
w. Article 2 (§ 18.2-38 et seq.) of Chapter 4 of Title 18.2;
x. Malicious felonious assault and malicious bodily wounding under Article 4 (§ 18.2-51 et seq.) of Chapter 4 of Title 18.2;
y. Article 5 (§ 18.2-58 et seq.) of Chapter 4 of Title 18.2;
z. Felonious sexual assault under Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2;
aa. Arson in violation of § 18.2-77 when the structure burned was occupied or a Class 3 felony violation of § 18.2-79;
bb. Chapter 13 (§ 18.2-512 et seq.) of Title 18.2; and
cc. 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 and for which a court reporter has recorded all oral testimony as provided by § 19.2-215.9 to the attorney for the Commonwealth or United States attorney of any jurisdiction where such offense could be prosecuted or investigated, to the chief law-enforcement officer of any jurisdiction where such offense could be prosecuted or investigated, to a sworn investigator, 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." and to issue reports at the request of a special
counsel when there is a finding made that there is insufficient probable cause
to return an indictment as a "true bill" for an offense enumerated in
subdivision 1. 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.
§ 19.2-215.3. When impaneled; impaneling order.
Upon application by two or more attorneys for the
Commonwealth, the Chief Justice of the Supreme Court, or any justice designated
by the Chief Justice, may within twenty 20 days thereafter order the
impaneling of a multi-jurisdiction grand jury for a term of
twelve 12
months. The term of such a grand jury may be extended for successive periods of
not more than six 12 months by the Chief
Justice, or by any justice designated by the Chief Justice, upon the petition
of a majority of the members of the grand jury.
The impaneling order shall designate the jurisdiction requested on the application as the jurisdiction where the multi-jurisdiction grand jury shall be convened and shall, unless all judges of that circuit have recused themselves, appoint a judge of the circuit court of that jurisdiction as the presiding judge. The impaneling order shall also designate special counsel and each special counsel who will assist the multi-jurisdiction grand jury as listed in the application. The presiding judge shall substitute or appoint additional special counsel upon motion of special counsel.
§ 19.2-215.5. Subpoena power; counsel for witness; oath.
A multi-jurisdiction grand jury has statewide subpoena power
and, through special counsel, may
subpoena persons to appear before it to testify or
to produce and may subpoena the
production of evidence,
with or without the custodian of records at the election of special counsel,
in the form of specified records, papers, documents,
or other tangible things. Such subpoenas shall
be returnable for a specific meeting of the multi-jurisdiction
grand jury. Mileage and such other reasonable expenses as
are approved by the presiding judge shall be paid such persons from funds
appropriated for such purpose.
A witness before a multi-jurisdiction grand jury shall be entitled to the presence of counsel in the grand jury room, but he may not participate in the proceedings.
The foreman shall administer the oath required by law for witnesses.
§ 19.2-215.6. Role and presence of special counsel; examination of witnesses; sworn investigators.
Special counsel may be present during the investigatory stage of a multi-jurisdiction grand jury proceeding and may examine any witness who is called to testify or produce evidence. The examination of a witness by special counsel shall in no way affect the right of any grand juror to examine the witness.
At the request of special counsel, the presiding judge shall designate specialized personnel for investigative purposes. Such personnel shall be designated as a sworn investigator and shall be administered an oath to maintain the secrecy of all proceedings of the multi-jurisdiction grand jury. A sworn investigator is permitted to discuss multi-jurisdiction grand jury proceedings with any other sworn investigator or special counsel and may participate in multi-jurisdiction grand jury proceedings at the request of special counsel or the grand jury. Any specialized personnel who have been administered an oath to maintain the secrecy of all proceedings of the multi-jurisdiction grand jury before July 1, 2014, and who continue to serve in that position are deemed to be sworn investigators under this section.
Special counsel and sworn investigators, however, may not be present at any time during the deliberations of a multi-jurisdiction grand jury except when the grand jury requests the legal advice of special counsel as to specific questions of law.
§ 19.2-215.8. Returning a "true bill" of indictment or report; jurisdiction to be set out.
In order to return a "true bill" of indictment or a report, a majority, but in no instance less than five, of the multi-jurisdiction grand jurors must concur in that finding. A multi-jurisdiction grand jury may return a "true bill" of indictment or a report upon the testimony of, or evidence produced by, any witness who was called by the grand jury, upon evidence presented to it by special counsel, or upon evidence sent to it by the presiding judge.
Every "true bill" of indictment returned by a multi-jurisdiction grand jury shall state in which jurisdiction or jurisdictions the offense is alleged to have occurred. Thereafter, when venue is proper in more than one jurisdiction, the presiding judge who directed the grand jury proceeding shall elect in which one of the jurisdictions named in the indictment the indictment is to be prosecuted.
§ 19.2-215.9. Court reporter provided; safekeeping of transcripts, notes, etc.; when disclosure permitted; access to record of testimony and evidence.
A. A court reporter shall be provided for a multi-jurisdiction
grand jury to record, manually or electronically, and transcribe all oral testimony
taken before a multi-jurisdiction grand jury, but such a reporter shall not be
present during any stage of its deliberations. Such transcription shall include
the original or copies of all documents, reports,
or other evidence presented to the multi-jurisdiction grand jury. The notes,
tapes, and transcriptions of the
reporter are for the use of the multi-jurisdiction grand jury, and the contents
thereof shall not be used or divulged by anyone except as provided in this
article. After the multi-jurisdiction grand jury has completed its use of the
notes, tapes,
and transcriptions, the foreman shall cause them to be delivered to the presiding judge clerk of the circuit court in whose jurisdiction
the multi-jurisdiction grand
jury sits, with copies provided
to special counsel. Upon motion of special
counsel, the presiding judge may order that such notes, tapes, and
transcriptions be destroyed at the direction of special counsel by any means
the presiding judge deems sufficient, provided that at least seven years have
passed from the date of the multi-jurisdiction
grand jury proceeding where such notes, tapes, and transcriptions were made.
B. The presiding judge clerk shall cause the notes,
tapes, and transcriptions or other
evidence to be kept safely. Upon motion
to the presiding judge, special
Special counsel shall be permitted to review any of the
evidence which was presented to the multi-jurisdiction grand jury, and shall be
permitted to make notes and to duplicate portions of the evidence as he deems
necessary for use in a criminal investigation or proceeding. Special counsel
shall maintain the secrecy of all information obtained from a review or
duplication of the evidence presented to the multi-jurisdiction grand jury,
except that this information may be disclosed pursuant to the provisions of
subdivision 2 of § 19.2-215.1. Upon motion to the presiding judge by special counsel or
a person indicted by a multi-jurisdiction grand jury, similar permission to
review, note,
or duplicate evidence shall be extended if it appears that the permission is
consistent with the ends of justice and is necessary to reasonably inform such
person of the nature of the evidence to be presented against him, or to
adequately prepare his defense.
C. If any witness who voluntarily
testified or produced evidence before the multi-jurisdiction grand jury is
prosecuted on the basis of his testimony or the evidence he produced, or if any
witness who was compelled to
testify or to produce evidence is prosecuted for perjury on
the basis of his testimony or the evidence he produced before the
multi-jurisdiction grand jury, the presiding judge, on motion of either the Commonwealth special counsel or the
defendant, shall permit both the Commonwealth
and the defendant access to the testimony of or evidence
produced by the defendant before the multi-jurisdiction grand jury. The
testimony and the evidence produced by the defendant
voluntarily before the multi-jurisdiction grand jury shall
then be admissible in the trial of the criminal offense with which the
defendant is charged, (i) to establish a charge of perjury in
the Commonwealth's case-in-chief on the basis of his
testimony before the multi-jurisdiction
grand jury and (ii) for the purpose of impeaching the
defendant in the trial of any other criminal matter,
provided the testimony or evidence being used for impeachment was produced by
the defendant voluntarily before the multi-jurisdiction
grand jury.
D. If the multi-jurisdiction grand jury issues a report at the request of special counsel based on a finding that there is insufficient probable cause to return an indictment as a "true bill" for an offense enumerated in this article, the presiding judge, upon motion of special counsel, may release and make public the multi-jurisdiction grand jury's report.
E. A witness before the multi-jurisdiction grand jury may file a motion to release and make public the witness's testimony before the multi-jurisdiction grand jury. The presiding judge shall receive evidence in camera on the witness's motion from the witness and the attorney for the Commonwealth or special counsel. The presiding judge may release and make public the witness's testimony upon good cause shown.