SB464: Witnesses; summons in a criminal matter, requirements.
Be it enacted by the General Assembly of Virginia:
1. That § 19.2-267 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-267. Provisions applicable to witnesses in criminal as well as civil cases; obligation to attend; summons.
Sections 8.01-396.1, 8.01-402, 8.01-405, 8.01-407, and
8.01-408 to, 8.01-409, and 8.01-410, inclusive, shall
apply to a criminal as well as a civil case in all respects, except that a
witness in a criminal case shall be obliged to attend, and may be proceeded
against for failing to do so, although there may not previously have been any
payment, or tender to him of anything for attendance, mileage, or tolls. In a
criminal case a summons for a witness may be issued by the attorney for the
Commonwealth or other attorney charged with the responsibility for the
prosecution of a violation of any ordinance or by the attorney for the
defendant; however, any attorney who issues such a summons shall, at the time
of the issuance, file with the clerk of the court the names and addresses of
such witnesses except to the extent protected under § 19.2-11.2.
Upon issuing a summons for a witness in a criminal case, the attorney for the Commonwealth shall file a copy of such summons with the clerk of the court and shall provide a copy of such issued summons to any defendant or attorney for the defendant in the matter, except to the extent protected under § 19.2-11.2.
SENATE BILL NO. 464
Be it enacted by the General Assembly of Virginia:
1. That § 19.2-267 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-267. Provisions applicable to witnesses in criminal as well as civil cases; obligation to attend; summons.
Sections 8.01-396.1, 8.01-402, 8.01-405, 8.01-407, and 8.01-408 to, 8.01-409, and
8.01-410, inclusive,
shall apply to a criminal as well as a civil case in all respects, except that
a witness in a criminal case shall be obliged to attend, and may be proceeded
against for failing to do so, although there may not previously have been any
payment, or tender to him of anything for attendance, mileage, or tolls. In a
criminal case a summons for a witness may be issued by the attorney for the
Commonwealth or other attorney charged with the responsibility for the
prosecution of a violation of any ordinance or by the attorney for the
defendant; however, any attorney who issues such a summons shall, at the time
of the issuance, file with the clerk of the court the names and addresses of
such witnesses except to the extent protected under § 19.2-11.2.
Upon issuing a summons for a witness in a criminal case, the attorney for the Commonwealth shall file a copy of such summons with the clerk of the court and shall provide a copy of such issued summons to any defendant or attorney for the defendant in the matter, except to the extent protected under § 19.2-11.2.