Discovery in criminal cases; penalties. (SB775)

Introduced By

Sen. John Edwards (D-Roanoke)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Discovery in criminal cases; penalties. Establishes requirements and procedures for discovery by an accused and by the Commonwealth in a criminal case. The bill requires a party requesting discovery to request that the other party voluntarily comply with such request prior to filing any motion before a judge. Upon receiving a negative or unsatisfactory response, or upon the passage of seven days following the receipt of the request without response, the party requesting discovery may file a motion for discovery with the court. The bill details information that is subject to discovery and provides a mechanism for redaction of certain personal identifying information. The bill also creates a procedure whereby the parties may conduct depositions of witnesses prior to trial and use statements obtained during such depositions for impeachment at trial as a prior inconsistent statement. The bill creates a procedure for either party to move the court to enter a protection order with regard to discovery and, if granted, the court may order any condition limiting, but not preventing, disclosure, so long as the condition is necessary to the orderly adjudication of the case or to the fair administration of justice. Finally, the bill (i) makes it a Class 6 felony for any person to willfully omit or misrepresent evidence or information required to be disclosed to the accused, (ii) makes it a Class 1 misdemeanor for any person to willfully omit or misrepresent any other evidence of information required to be disclosed, and (iii) grants the court the ability to impose additional remedies it deems just if a party fails to comply with any of the requirements. Read the Bill »


01/24/2020: Awaiting a Vote in the Judiciary Committee


01/08/2020Prefiled and ordered printed; offered 01/08/20 20102987D
01/08/2020Referred to Committee on the Judiciary
01/10/2020Impact statement from VCSC (SB775)
01/24/2020Assigned Juciciary sub: Criminal Law
01/24/2020Assigned Judiciary sub: Criminal Law
02/03/2020Stricken at the request of Patron in Judiciary (14-Y 0-N) (see vote tally)

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