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Code of Virginia
Title 19.2. Criminal Procedure
10/4/2023

Title 19.2. Criminal Procedure (2023 Updates)

  • Chapter 1. General Provisions
    • § 19.2-3.1
      Personal appearance by two-way electronic video and audio communication; standards
  • Chapter 1.1. Crime Victim and Witness Rights Act
  • Chapter 1.2. Physical Evidence Recovery Kits and Trace Evidence Collection Kits
    • § 19.2-11.5
      (Effective until July 1, 2025) Definitions
      § 19.2-11.5
      (Effective July 1, 2025) Definitions
      § 19.2-11.6
      (Effective until July 1, 2025) Anonymous physical evidence recovery kits
      § 19.2-11.6
      (Effective July 1, 2025) Anonymous physical evidence recovery kits and anonymous trace evidence collection kits
      § 19.2-11.7
      (Effective until July 1, 2025) Law Enforcement taking possession of physical evidence recovery kits
      § 19.2-11.7
      (Effective July 1, 2025) Law enforcement taking possession of physical evidence recovery kits and trace evidence collection kits
      § 19.2-11.8
      (Effective until July 1, 2025) Submission of physical evidence recovery kits to the Department
      § 19.2-11.8
      (Effective July 1, 2025) Submission of physical evidence recovery kits and trace evidence collection kits to the Department
      § 19.2-11.9
      (Effective until July 1, 2025) Lack of compliance with procedures
      § 19.2-11.9
      (Effective July 1, 2025) Lack of compliance with procedures
      § 19.2-11.12
      (Effective until July 1, 2025) Costs of physical evidence recovery kits
      § 19.2-11.12
      (Effective July 1, 2025) Costs of physical evidence recovery kits and trace evidence collection kits
  • Chapter 2. Conservators of the Peace and Special Policemen
    • Article 1. Appointment
      • § 19.2-12
      Who are conservators of the peace
  • Chapter 5. Search Warrants
    • § 19.2-56
      To whom search warrant directed; what it shall command; warrant to show date and time of issuance; copy of affidavit to be part of warrant and served therewith; warrants not executed within 15 days
  • Chapter 7. Arrest
    • § 19.2-83.1
      Report of arrest of school employees and adult students for certain offenses
  • Chapter 10. Disability of Judge or Attorney for Commonwealth; Court- Appointed Counsel; Interpreters; Transcripts
    • Article 3. Appointment of Attorney for Accused
      • § 19.2-160.1
      Appointment of counsel in Class 1 felony cases
      § 19.2-163
      Compensation of court-appointed counsel
    • Article 3.1. Indigent Defense
      • § 19.2-163.01:1
      Supplementing compensation of public defender
    • Article 5. Interpreters
      • § 19.2-164.1
      Interpreters for the deaf (Supreme Court Rule 2:507 derived in part from this section)
  • 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
      § 19.2-169.3
      Disposition of the unrestorably incompetent defendant; aggravated murder charge; sexually violent offense charge
      § 19.2-169.6
      Inpatient psychiatric hospital admission from local correctional facility
  • Chapter 17. Convictions; Effect Thereof
    • Article 1. Proof and Verdicts
      • § 19.2-291.1
      Report of conviction of school employees for certain offenses
  • Chapter 18. Sentence; Judgment; Execution of Sentence
    • Article 1. General Provisions
      • § 19.2-298.01
      Use of discretionary sentencing guidelines
      § 19.2-299.3
      Report of arrest and conviction of school employees by probation and parole officers for certain offenses
  • Chapter 19.3. 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
  • Chapter 21.1. Compensating Victims of Crime
    • § 19.2-368.10
      When awards to be made; reporting crime and cooperation with law enforcement
  • Chapter 23. Central Criminal Records Exchange
    • § 19.2-389
      Dissemination of criminal history record information
      § 19.2-389.3
      (For contingent expiration dates see Acts 2021, Sp. Sess. I, cc. 524, 542, 550, and 551; Contingent repeal per Acts 2023, cc. 554, 555, cl. 3) Marijuana possession; limits on dissemination of criminal history record information; prohibited practices by employers, educational institutions, and state and local governments; penalty
      § 19.2-389.3
      (For contingent effective dates see Acts 2021, Sp. Sess. I, cc. 524, 542, 550, and 551; Contingent repeal per Acts 2023, cc. 554, 555, cl. 3) Marijuana possession; limits on dissemination of criminal history record information; prohibited practices by employers, educational institutions, and state and local governments; penalty
      § 19.2-390.3
      Child Pornography Registry; maintenance; access; required information
  • Chapter 23.1. Expungement of Criminal Records
    • § 19.2-392.2
      (Effective until date pursuant to Acts 2023, cc. 554 and 555, cl. 4) Expungement of police and court records
      § 19.2-392.2
      (Effective pursuant to Acts 2023, cc. 554 and 555, cl. 4) Expungement of police and court records
      § 19.2-392.2:1
      Repealed
      § 19.2-392.2:2
      Repealed
      § 19.2-392.3
      (Effective until date pursuant to Acts 2023, cc. 554 and 555, cl. 4) Disclosure of expunged records
      § 19.2-392.3
      (Effective pursuant to Acts 2023, cc. 554 and 555, cl. 4) Disclosure of expunged records
      § 19.2-392.3:1
      Motion for the disclosure of expunged police and court records in a civil case
  • Chapter 23.2. Sealing of Criminal History Record Information and Court Records
    • § 19.2-392.5
      (For contingent effective date see Acts 2021, Sp. Sess. I, cc. 524 and 542) Sealing defined; effect of sealing
      § 19.2-392.6
      (For effective date see Acts 2021, Sp. Sess. I, cc. 524 and 542) Automatic sealing of offenses resulting in a deferred and dismissed disposition or conviction; automatic sealing of former possession of marijuana offenses
      § 19.2-392.7
      (For effective date see Acts 2021, Sp. Sess. I, cc. 524 and 542) Process for automatic sealing of offenses resulting in a conviction or deferred disposition
      § 19.2-392.9
      Repealed
      § 19.2-392.10
      (For effective date see Acts 2021, Sp. Sess. I, cc. 524 and 542) Process for automatic sealing of offenses resulting in acquittal, nolle prosequi, or dismissal
      § 19.2-392.11
      (For effective date see Acts 2021, Sp. Sess. I, cc. 524 and 542) Automatic sealing of misdemeanor offenses resulting in acquittal, nolle prosequi, or dismissal for persons with no convictions or deferred and dismissed offenses on their criminal history record
      § 19.2-392.12
      (For effective date see Acts 2021, Sp. Sess. I, cc. 524 and 542) Sealing of offenses resulting in a deferred and dismissed disposition or conviction by petition
      § 19.2-392.13
      (For effective date see Acts 2021, Sp. Sess. I, cc. 524 and 542) Disposition of records when an offense is sealed; permitted uses of sealed records
      § 19.2-392.14
      (For contingent effective date see Acts 2021, Sp. Sess. I, cc. 524 and 542) Disclosure of sealed records; penalty
  • Chapter 25. Appeals by the Commonwealth
    • § 19.2-402
      Petition for appeal; brief in opposition; time for filing
      § 19.2-404
      Procedures on awarded pretrial appeal