Discovery in criminal cases; duty to provide. (HB246)
Introduced By
Del. Mark Cole (R-Fredericksburg)
Progress
✓ |
Introduced |
✗ |
Passed Committee |
☐ |
Passed House |
☐ |
Passed Senate |
☐ |
Signed by Governor |
☐ |
Became Law |
Description
Discovery in criminal cases; duty to provide. Provides that the attorney for the Commonwealth, upon written notice by an accused to the court and to the attorney for the Commonwealth, must permit the accused to inspect, copy, or photograph (i) any relevant written or recorded statements or confessions made by the accused and the substance of any oral statements or confessions made by the accused to any law-enforcement officer; (ii) any relevant written reports of autopsies, ballistic tests, fingerprint analyses, handwriting analyses, blood, urine, and breath tests, other scientific reports, and written reports of a physical or mental examination of the accused or the alleged victim; (iii) designated books, papers, documents, tangible objects, buildings, or places, or copies or portions thereof, that are within the possession, custody, or control of the Commonwealth; and (iv) any relevant police reports. The bill provides that the attorney for the Commonwealth may withhold or redact certain information from such disclosures made and that the accusedmay file a motion to compel disclosure of any information withheld or redacted. Read the Bill »
Outcome
History
| Date | Action |
|---|---|
| 12/30/2015 | Committee |
| 12/30/2015 | Prefiled and ordered printed; offered 01/13/16 16100621D |
| 12/30/2015 | Referred to Committee for Courts of Justice |
| 01/14/2016 | Assigned to sub: Subcommittee Criminal Law |
| 01/14/2016 | Assigned App. sub: Subcommittee Criminal Law |
| 01/14/2016 | Assigned Courts sub: |
| 01/29/2016 | Subcommittee recommends laying on the table |
| 02/16/2016 | Left in Courts of Justice |
Comments
The ACLU of Virginia supports this bill. Under the current criminal discovery rules, a defendant who faces decades in prison is not entitled to see the police report of his or her case before trial, or any statements by witnesses who saw the alleged crime. Each prosecutor decides how much information is shared with the defense before trial in felony cases. This leads to uneven outcomes throughout the Commonwealth, and is inconsistent with the right to a fair trial and the right to the effective assistance of counsel. HB 246 does not provide access to witness statements, but it does require the disclosure of all relevant police reports. The ACLU of Virginia supports legislation that seeks to end trial by ambush in the Commonwealth.
The ACLU of Virginia supports this bill. Under the current criminal discovery rules, a defendant who faces decades in prison is not entitled to see the police report of his or her case before trial, or any statements by witnesses who saw the alleged crime. Each prosecutor decides how much information is shared with the defense before trial in felony cases. This leads to uneven outcomes throughout the Commonwealth, and is inconsistent with the right to a fair trial and the right to the effective assistance of counsel. HB 246 does not provide access to witness statements, but it does require the disclosure of all relevant police reports. The ACLU of Virginia supports legislation that seeks to end trial by ambush in the Commonwealth.
Id live to see this in higher courts for violation of constitutional rights. Fingers crossed!