Criminal cases; admissibility of prior inconsistent statements. (SB135)

Introduced By

Sen. Janet Howell (D-Reston)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Admissibility of prior inconsistent statements in a criminal case. Provides that in all criminal cases, evidence of a prior statement that is inconsistent with testimony at the hearing or trial is admissible if the testifying witness is subject to cross-examination and the prior statement (i) was made by the witness under oath at a trial, hearing, or other proceeding or (ii) narrates, describes, or explains an event or condition of which the witness had personal knowledge and (a) the statement is proved to have been written or signed by the witness; (b) the witness acknowledges under oath the making of the statement in his testimony at the hearing or trial in which the admission into evidence of the prior statement is being sought; or (c) the statement is proved to have been accurately recorded by using an audio recorder, a video/audio recorder, or any other similar electronic means of sound recording. This bill is a recommendation of the Virginia State Crime Commission. Read the Bill »


Bill Has Failed


12/20/2017Prefiled and ordered printed; offered 01/10/18 18103609D
12/20/2017Referred to Committee for Courts of Justice
01/29/2018Passed by indefinitely in Courts of Justice (11-Y 4-N) (see vote tally)