HB1618: Multi-jurisdiction grand jury; investigations.
HOUSE BILL NO. 1618
Be it enacted by the General Assembly of Virginia:
1. That §§ 19.2-215.1 and 19.2-215.9 of the Code of Virginia are amended and reenacted as follows:
§ 19.2-215.1. Functions of a multi-jurisdiction grand jury.
A. The
functions of a multijurisdiction multi-jurisdiction 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. § 18.2-346 for
which punishment as a felony is authorized or § 18.2-355, 18.2-356, 18.2-357,
or 18.2-357.1;
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;
cc. § 18.2-246.14 and
Chapter 10 (§ 58.1-1000 et seq.) of Title 58.1; and
dd. 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. any
law of the Commonwealth;
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, 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.; and
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. B. 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.
§ 19.2-215.9. 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 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 clerk shall cause the notes, tapes, and transcriptions or other evidence to be kept safely. Upon motion to the presiding judge, special counsel or the attorney for the Commonwealth or United States attorney of any jurisdiction where the offense could be prosecuted or investigated 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, the attorney for the Commonwealth, or the United States attorney 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 A 2 of § 19.2-215.1. A United States attorney satisfies his duty to maintain secrecy of information obtained from a review or duplication of evidence presented to the multi-jurisdiction grand jury if such information is maintained in accordance with the Federal Rules of Criminal Procedure. Upon motion to the presiding judge by a person indicted by a multi-jurisdiction grand jury or by a person being prosecuted with evidence presented to a multi-jurisdiction grand jury, similar permission to review, note, or duplicate evidence shall be extended.
C. If any witness who 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 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 special counsel or the defendant, shall permit 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 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.