VA SB775 | 2020 | Regular Session

Status

Spectrum: Partisan Bill (Democrat 1-0)
Status: Introduced on January 8 2020 - 25% progression, died in chamber
Action: 2020-02-03 - Stricken at the request of Patron in Judiciary (14-Y 0-N)
Text: Latest bill text (Prefiled) [HTML]

Summary

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.

Tracking Information

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Title

Discovery in criminal cases; penalties.

Sponsors


Roll Calls

2020-02-03 - Senate - Senate: Stricken at the request of Patron in Judiciary (14-Y 0-N) (Y: 14 N: 0 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2020-02-03SenateStricken at the request of Patron in Judiciary (14-Y 0-N)
2020-01-24SenateAssigned Judiciary sub: Criminal Law
2020-01-08SenateReferred to Committee on the Judiciary
2020-01-08SenatePrefiled and ordered printed; offered 01/08/20 20102987D

Code Citations

ChapterArticleSectionCitation TypeStatute Text
192264.15(n/a)See Bill Text
192264.6(n/a)See Bill Text
192265.4(n/a)See Bill Text
192389(n/a)See Bill Text

Virginia State Sources


Bill Comments

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