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]
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.
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
Date | Chamber | Action |
---|---|---|
2020-02-03 | Senate | Stricken at the request of Patron in Judiciary (14-Y 0-N) |
2020-01-24 | Senate | Assigned Judiciary sub: Criminal Law |
2020-01-08 | Senate | Referred to Committee on the Judiciary |
2020-01-08 | Senate | Prefiled and ordered printed; offered 01/08/20 20102987D |
Code Citations
Chapter | Article | Section | Citation Type | Statute Text |
---|---|---|---|---|
19 | 2 | 264.15 | (n/a) | See Bill Text |
19 | 2 | 264.6 | (n/a) | See Bill Text |
19 | 2 | 265.4 | (n/a) | See Bill Text |
19 | 2 | 389 | (n/a) | See Bill Text |