Discovery in criminal cases; duty to provide. (SB1563)

Introduced By

Sen. Bill Stanley (R-Moneta)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
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

Bill Has Failed

History

DateAction
01/20/2017Presented and ordered printed 17103296D
01/20/2017Referred to Committee for Courts of Justice
02/01/2017Reported from Courts of Justice with substitute (13-Y 1-N) (see vote tally)
02/01/2017Committee substitute printed 17104773D-S1
02/03/2017Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/06/2017Read second time
02/06/2017Reading of substitute waived
02/06/2017Committee substitute agreed to 17104773D-S1
02/06/2017Engrossed by Senate - committee substitute SB1563S1
02/07/2017Read third time and passed Senate (39-Y 1-N) (see vote tally)
02/09/2017Placed on Calendar
02/09/2017Read first time
02/09/2017Referred to Committee for Courts of Justice
02/10/2017Assigned Courts sub: Criminal Law
02/15/2017Subcommittee recommends laying on the table
02/21/2017Left in Courts of Justice

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 3 minutes.

Comments

Andre Hakes writes:

Basic fairness requires that defense counsel have access to the police reports. Discovery in VA is in serious need of reform.

Michelle Waverly Evans writes:

"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.