Discovery in criminal cases; duty to provide. (SB1563)
Introduced By
Progress
✓ |
Introduced |
✗ |
Passed Committee |
☐ |
Passed House |
✓ |
Passed Senate |
☐ |
Signed by Governor |
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Became Law |
Description
Discovery in criminal cases; duty to provide. Requires the attorney for the Commonwealth, upon written notice by an accused to the court and to the attorney for the Commonwealth, to 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) any books, papers, documents, tangible objects, buildings, or places, or copies or portions thereof, that are within the possession, custody, or control of the Commonwealth; (iv) any relevant police reports; and (v) all relevant reports prepared by an expert witness whom the Commonwealth intends to call at the trial during its case in chief, if the reports relate to his expected testimony. 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. The bill also provides that if the accused files a written notice the accused must permit the Commonwealth to inspect, copy, or photograph any (a) written reports of autopsy examinations; ballistic tests; fingerprint, blood, urine, and breath analyses; and other scientific tests that are within the possession, custody, or control of the accused and that the accused intends to introduce in evidence at the trial or sentencing and (b) results or reports of physical or mental examinations or tests, measurements, or experiments made in connection with the case, or copies thereof, within the possession and control of the accused that the accused intends to introduce in evidence at the trial or that were prepared by a witness whom the accused intends to call at the trial, if the results or reports relate to his expected testimony. The accused's duty to provide discovery shall be in addition to any duty to provide reciprocal discovery pursuant to Rule 3A:11 of the Rules of Supreme Court of Virginia. Read the Bill »
Outcome
History
Date | Action |
---|---|
01/20/2017 | Presented and ordered printed 17103296D |
01/20/2017 | Referred to Committee for Courts of Justice |
02/01/2017 | Reported from Courts of Justice with substitute (13-Y 1-N) (see vote tally) |
02/01/2017 | Committee substitute printed 17104773D-S1 |
02/03/2017 | Constitutional reading dispensed (39-Y 0-N) (see vote tally) |
02/06/2017 | Read second time |
02/06/2017 | Reading of substitute waived |
02/06/2017 | Committee substitute agreed to 17104773D-S1 |
02/06/2017 | Engrossed by Senate - committee substitute SB1563S1 |
02/07/2017 | Read third time and passed Senate (39-Y 1-N) (see vote tally) |
02/09/2017 | Placed on Calendar |
02/09/2017 | Read first time |
02/09/2017 | Referred to Committee for Courts of Justice |
02/10/2017 | Assigned Courts sub: Criminal Law |
02/15/2017 | Subcommittee recommends laying on the table |
02/21/2017 | Left in Courts of Justice |
Comments
Basic fairness requires that defense counsel have access to the police reports. Discovery in VA is in serious need of reform.
"Trial by ambush" will continue for Virginia Citizens because this Bill was left in the Courts of Justice. There is no consistency throughout the Commonwealth in deciding what evidence is turned over to a defendant. Allowing a Commonwealth Attorney to decide what is exculpatory evidence has harmed many Virginia citizens and denied many the right to a fair trial. The current criminal discovery rules allow police departments and prosecutors to withhold evidence that is not favorable to the police and this is a tremendous obstacle to law enforcement transparency. Virginia Courts of Law are no place for legal gamesmanship. Rules of Discovery must be reformed.