Code of Virginia

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Code of Virginia
Title 19.2. Criminal Procedure
Chapter 15. Trial and Its Incidents
1/21/2021

§ 19.2-264.9. (Contingent effective date) Redaction and restricted dissemination material.

A. With regard to any material or evidence provided pursuant to this article, the attorney for the Commonwealth may redact the residential address, telephone number, email address, and place of employment of any witness or victim, or any family member of a witness or victim. The attorney for the Commonwealth may redact the date of birth and social security number of any person whose information is contained in material or evidence provided pursuant to this article. If the attorney for the Commonwealth redacts information pursuant to this section, he shall provide the accused with a list of the location of the redacted item in the discovery and a brief statement of why it was redacted, if such reason is not immediately apparent from the remaining portion of the document. If the attorney for the Commonwealth redacts personal identifying information pursuant to this section, the accused may file a motion seeking disclosure of the redacted information. Should the court find good cause for disclosure, it may order the attorney for the Commonwealth to provide the redacted information. In its discretion, the court ordering the provision of redacted personal identifying information may order that the information be identified as Restricted Dissemination Material pursuant to subsection B.

B. The attorney for the Commonwealth may designate any evidence or material subject to disclosure pursuant to this article as Restricted Dissemination Material, without supporting certification, if the accused's attorney agrees to such designation. The attorney for the Commonwealth shall prominently stamp or otherwise mark such items as Restricted Dissemination Material. In the absence of an agreement by the attorney for the accused, the attorney for the Commonwealth may designate any evidence or material as Restricted Dissemination Material by stamping or otherwise marking it as such and providing a certification in writing, upon information and belief, that (i) the designated material relates to the statement of a child victim or witness or (ii) disclosure of the designated material may result in clear and present danger to the safety or security of a witness or victim, danger of a witness being intimidated or tampered with, or a risk of compromising an ongoing criminal investigation or confidential law-enforcement technique.

Except as otherwise provided by order of the court or this article, Restricted Dissemination Material may be disclosed only to the accused's attorney, the agents or employees of the accused's attorney, or an expert witness. The accused's attorney may orally communicate the content of Restricted Dissemination Material to the accused or allow the accused to view the content of such material, but shall not provide the accused with copies of material so designated. Restricted Dissemination Material may not otherwise be reproduced, copied, or disseminated in any way.

The accused may at any time file a motion seeking to remove a designation made under this subsection from such evidence or material. Should the court find good cause to remove the designation, it may order that the evidence or material no longer be designated as Restricted Dissemination Material.

Within 21 days of the entry of a final order by the trial court, or upon the termination of the representation of the accused, the accused's attorney shall return to the court all originals and copies of any Restricted Dissemination Material disclosed pursuant to this subsection. The court shall maintain such returned Restricted Dissemination Material under seal. Any material sealed pursuant to this subsection shall remain available for inspection by counsel of record. For good cause shown, the court may enter an order allowing additional access to the sealed material as the court deems appropriate.

C. In any case in which an accused is not represented by an attorney, the attorney for the Commonwealth may file a motion seeking to limit the scope of discovery under this article. For good cause shown, the court may order any limitation or restriction on the provision of discovery to an accused who is unrepresented by an attorney as the court in its discretion deems appropriate.

2020, c. 1167.

The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.