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Code of Virginia
Title 19.2. Criminal Procedure
8/5/2020

Title 19.2. Criminal Procedure (2020 Updates)

  • Chapter 1. General Provisions
    • § 19.2-8
      Limitation of prosecutions
      § 19.2-10.4
      Subpoena duces tecum; attorney-issued subpoena duces tecum
  • Chapter 1.1. Crime Victim and Witness Rights Act
    • § 19.2-11.02
      Prohibiting inquiry into the immigration status of certain victims or witnesses of crime
  • Chapter 1.2. Physical Evidence Recovery Kits
  • Chapter 5. Search Warrants
    • § 19.2-59.1
      Strip searches prohibited; exceptions; how strip searches conducted
  • Chapter 6. Interception of Wire, Electronic or Oral Communications
    • § 19.2-69
      Civil action for unlawful interception, disclosure, or use
  • Chapter 7. Arrest
    • § 19.2-83.2
      Jail officer to ascertain citizenship of inmate
  • Chapter 9. Bail and Recognizances
    • Article 2. Recognizances
    • § 19.2-149
      How surety on a bond in recognizance may surrender principal and be discharged from liability; deposit for surrender of principal
  • Chapter 10. Disability of Judge or Attorney for Commonwealth; Court-Appointed Counsel; Interpreters; Transcripts
  • Chapter 11. Proceedings on Question of Insanity
    • § 19.2-169.1
      Raising question of competency to stand trial or plead; evaluation and determination of competency
      § 19.2-169.2
      Disposition when defendant found incompetent
  • Chapter 11.1. Disposition of Persons Acquitted by Reason of Insanity
    • § 19.2-182.5
      Review of continuation of confinement hearing; procedure and reports; disposition
  • Chapter 12. Preliminary Hearing
    • § 19.2-188.1
      Testimony regarding identification of controlled substances
  • Chapter 13. Grand Juries
    • Article 4. Multi-Jurisdiction Grand Juries
    • § 19.2-215.1
      Functions of a multi-jurisdiction grand jury
  • Chapter 15. Trial and Its Incidents
    • Article 3. Arraignment; Pleas; Trial without Jury
    • § 19.2-258.1
      Trial of traffic infractions; measure of proof; failure to appear
    • Article 4. Trial by Jury
    • § 19.2-262.01
      Voir dire examination of persons called as jurors
    • Article 4.2. Discovery
    • § 19.2-264.6
      (Contingent effective date) General provisions
      § 19.2-264.7
      (Contingent effective date) Initiation and timing of discovery
      § 19.2-264.8
      (Contingent effective date) Discovery by the accused
      § 19.2-264.9
      (Contingent effective date) Redaction and restricted dissemination material
      § 19.2-264.10
      (Contingent effective date) Discovery by the Commonwealth
      § 19.2-264.11
      (Contingent effective date) Admissibility of discovery
      § 19.2-264.12
      (Contingent effective date) Protection order
      § 19.2-264.13
      (Contingent effective date) Continuing duty to disclose
      § 19.2-264.14
      (Contingent effective date) Failure to provide discovery or otherwise comply
    • Article 5. Miscellaneous Provisions
    • § 19.2-265.4
      (Contingent effective date) Failure to provide discovery
      § 19.2-266.4
      Expert assistance for indigent defendants
  • Chapter 16. Evidence and Witnesses
    • Article 1. In General
    • § 19.2-271.1
      Competency of spouses to testify
      § 19.2-271.2
      Testimony of spouses in criminal cases (Subsection (b) of Supreme Court Rule 2:504 derived from this section)
      § 19.2-271.5
      Protected information; newspersons engaged in journalism
  • Chapter 17. Convictions; Effect Thereof
    • Article 1. Proof and Verdicts
    • § 19.2-289
      Conviction of petit larceny
      § 19.2-290
      Conviction of petit larceny though thing stolen worth $1,000 or more
  • Chapter 18. Sentence; Judgment; Execution of Sentence
    • Article 1. General Provisions
    • § 19.2-295.2
      Postrelease supervision of felons sentenced for offenses committed on and after January 1, 1995, and on and after July 1, 2000
      § 19.2-295.2:1
      Postrelease incarceration of felons sentenced for certain offenses committed on or after July 1, 2006
      § 19.2-303.01
      Reduction of sentence; substantial assistance to prosecution
      § 19.2-303.2
      Persons charged with first offense may be placed on probation
      § 19.2-303.4
      Payment of costs when proceedings deferred and defendant placed on probation
      § 19.2-303.6
      Deferred disposition in a criminal case; persons with autism or intellectual disabilities
      § 19.2-305
      Requiring fines, costs, restitution for damages, support, or community services from probationer
      § 19.2-309.1
      Sentence of confinement to jail farms maintained by the Cities of Danville, Martinsville and Newport News
    • Article 1.1. DNA Analysis and Data Bank
    • § 19.2-310.2:1
      Saliva or tissue sample required for DNA analysis after arrest for a violent felony
  • Chapter 19.1. Scientific Analysis of Newly Discovered or Untested Scientific Evidence
    • § 19.2-327.1
      Motion by a convicted felon or person adjudicated delinquent for scientific analysis of newly discovered or previously untested scientific evidence; procedure
  • Chapter 19.2. Issuance of Writ of Actual Innocence
    • § 19.2-327.2
      Issuance of writ of actual innocence based on biological evidence
      § 19.2-327.2:1
      Petition for writ of actual innocence joined by Attorney General; release of prisoner; bond hearing
      § 19.2-327.3
      Contents and form of the petition based on previously unknown or untested human biological evidence of actual innocence
      § 19.2-327.5
      Relief under writ
  • Chapter 19.3. Issuance of Writ of Actual Innocence Based on Nonbiological Evidence
    • § 19.2-327.10
      Issuance of writ of actual innocence based on nonbiological evidence
      § 19.2-327.10:1
      Petition for writ of actual innocence joined by Attorney General; release of prisoner; bond hearing
      § 19.2-327.11
      Contents and form of the petition based on previously unknown or unavailable evidence of actual innocence
      § 19.2-327.13
      Relief under writ
  • Chapter 20. Taxation and Allowance of Costs
    • § 19.2-335
      Judge of district court to certify to clerk of circuit court costs of proceedings in criminal cases before him
      § 19.2-336
      Clerk to make up statement of whole cost, and issue execution therefor
  • Chapter 21. Recovery of Fines and Penalties
    • Article 4. Payment of Fines and Costs on Installment Basis, Etc
    • § 19.2-354
      Authority of court to order payment of fine, costs, forfeitures, penalties or restitution in installments or upon other terms and conditions; community work in lieu of payment
      § 19.2-354.1
      Deferred or installment payment agreements
  • Chapter 21.1. Compensating Victims of Crime
  • Chapter 22.1. Enforcement of Forfeitures
  • Chapter 22.2. Miscellaneous Forfeiture Provisions
    • § 19.2-386.16
      Forfeiture of motor vehicles used in commission of certain crimes
      § 19.2-386.29
      Forfeiture of certain weapons used in commission of criminal offense
      § 19.2-386.31
      Seizure and forfeiture of property used in connection with the exploitation and solicitation of children
      § 19.2-386.32
      Seizure and forfeiture of property used in connection with the abduction of children
      § 19.2-386.34
      Forfeiture of vehicle used in a felony violation of § 18.2-266
      § 19.2-386.35
      Seizure of property used in connection with certain offenses
  • Chapter 23. Central Criminal Records Exchange
    • § 19.2-387
      Exchange to operate as a division of Department of State Police; authority of Superintendent of State Police
      § 19.2-387.3
      Substantial Risk Order Registry; maintenance; access
      § 19.2-389
      (Effective until January 1, 2021) Dissemination of criminal history record information
      § 19.2-389
      (Effective January 1, 2021 and until July 1, 2021) Dissemination of criminal history record information
      § 19.2-389
      (Effective July 1, 2021) Dissemination of criminal history record information
      § 19.2-389.3
      Marijuana possession; limits on dissemination of criminal history record information; prohibited practices by employers, educational institutions, and state and local governments; penalty
      § 19.2-390
      Reports to be made by local law-enforcement officers, conservators of the peace, clerks of court, Secretary of the Commonwealth and Corrections officials to State Police; material submitted by other agencies
      § 19.2-390.04
      Custodial interrogations; recording
      § 19.2-391
      Records to be made available to Exchange by state officials and agencies; duplication of records
      § 19.2-392
      Fingerprints and photographs by police authorities
      § 19.2-392.02
      (Effective until July 1, 2021) National criminal background checks by businesses and organizations regarding employees or volunteers providing care to children or the elderly or disabled
  • Chapter 23.1. Expungement of Criminal Records
  • Chapter 23. Central Criminal Records Exchange
    • § 19.2-392.02
      (Effective July 1, 2021) National criminal background checks by businesses and organizations regarding employees or volunteers providing care to children or the elderly or disabled