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Code of Virginia
Title 19.2. Criminal Procedure
8/10/2026

Title 19.2. Criminal Procedure (2026 Updates)

  • Chapter 1. General Provisions
    § 19.2-10.1
    Subpoena duces tecum for obtaining records concerning banking and credit cards
  • Chapter 1.1. Crime Victim and Witness Rights Act
    § 19.2-11.2
    Crime victim's right to nondisclosure of certain information; exceptions; testimonial privilege
  • Chapter 2. Conservators of the Peace and Special Policemen
    • Article 1. Appointment
    § 19.2-13
    (Effective until July 1, 2027) Special conservators of the peace; authority; jurisdiction; registration; liability of employers; penalty; report
    § 19.2-13
    (Effective July 1, 2027) Special conservators of the peace; authority; jurisdiction; registration; liability of employers; penalty; report
  • Chapter 3. Magistrates
    • Article 4. Supervision
    § 19.2-43.1
    Complaint forms; availability in courthouses
  • 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
    § 19.2-60.1
    Use of unmanned aircraft systems by public bodies; search warrant required
  • Chapter 7. Arrest
    § 19.2-81.1
    (Effective July 1, 2027) Arrest without warrant by correctional officers in certain cases
    § 19.2-81.1
    (Effective until July 1, 2027) Arrest without warrant by correctional officers in certain cases.
  • Chapter 7.1. Law-Enforcement Officer Conduct During an Arrest or Detention
    § 19.2-83.6:1
    Duty of law-enforcement officer to render aid upon danger to life or limb; immunity from civil liability
    § 19.2-83.6:2
    Prohibition on wearing of facial coverings; penalty
  • Chapter 8. Extradition of Criminals
    • Article 2. Uniform Criminal Extradition Act
    § 19.2-87.1
    Extradition of persons charged with certain criminal violations; prohibition
    § 19.2-88
    Governor may investigate case
    § 19.2-99
    Arrest prior to requisition
    § 19.2-100
    Arrest without warrant
  • Chapter 9. Bail and Recognizances
    • Article 1. Bail
    § 19.2-120
    Admission to bail
    § 19.2-123
    Release of accused on secured or unsecured bond or promise to appear; conditions of release
    § 19.2-128
    Penalties for failure to appear
    § 19.2-134.1
    Collection and reporting of data related to adults charged with a criminal offense punishable by confinement in jail or a term of imprisonment
    • Article 5. Pretrial Services Act
    § 19.2-152.4:3
    Duties and responsibilities of local pretrial services officers
  • Chapter 10. Disability of Judge or Attorney for Commonwealth; Court- Appointed Counsel; Interpreters; Transcripts
    • Article 3.1. Indigent Defense
    § 19.2-163.01:1
    Supplementing compensation of public defender
    • Article 6. Recording Evidence and Incidents of Trial
    § 19.2-165.1
    Payment of medical fees in certain criminal cases; reimbursement
  • Chapter 11. Proceedings on Question of Insanity
    § 19.2-169.1
    (Effective until July 1, 2027) Raising question of competency to stand trial or plead; evaluation and determination of competency
    § 19.2-169.1
    (Effective July 1, 2027) Raising question of competency to stand trial or plead; evaluation and determination of competency
    § 19.2-169.2
    (Effective until July 1, 2027) Disposition when defendant found incompetent
    § 19.2-169.2
    (Effective July 1, 2027) Disposition when defendant found incompetent
    § 19.2-169.3
    (Effective until July 1, 2027) Disposition of the unrestorably incompetent defendant; aggravated murder charge; sexually violent offense charge
    § 19.2-169.3
    (Effective July 1, 2027) Disposition of the unrestorably incompetent defendant; aggravated murder charge; sexually violent offense charge
  • Chapter 12. Preliminary Hearing
    § 19.2-183
    Examination of witnesses; assistance of counsel; evidentiary matters and remedies; power to adjourn case
    § 19.2-186
    When accused to be discharged, tried, committed, or bailed by judge
    § 19.2-188.1
    (Effective July 1, 2027) Testimony regarding identification of controlled substances.
    § 19.2-188.1
    (Effective until July 1, 2027) Testimony regarding identification of controlled substances
    § 19.2-190.1
    Certification of ancillary misdemeanor offenses or traffic intractions
  • Chapter 15. Trial and Its Incidents
    • Article 2. Venue
    § 19.2-245.1
    Forgery; where prosecuted
    • Article 4.3. Discovery; Methods of Delivery
    § 19.2-264.15
    Discovery; methods of delivery
    • Article 5. Miscellaneous Provisions
    § 19.2-265.4
    Failure to provide discovery
  • Chapter 16. Evidence and Witnesses
    • Article 1. In General
    § 19.2-267
    Provisions applicable to witnesses in criminal as well as civil cases; obligation to attend; summons
    § 19.2-268.4
    Witness impeachment evidence designation; review process
    • Article 2. Witnesses from or for Another State
    § 19.2-273
    Certificate that witness is needed in another state; hearing
    § 19.2-274
    When court to order witness to attend
  • Chapter 18. Sentence; Judgment; Execution of Sentence
    • Article 1. General Provisions
    § 19.2-298.02
    (Effective until December 1, 2026) Deferred disposition in a criminal case
    § 19.2-298.02
    (Effective December 1, 2026) Deferred disposition in a criminal case
    § 19.2-303.01
    (Effective July 1, 2027) Reduction of sentence; substantial assistance to prosecution
    § 19.2-303.01
    (Effective until July 1, 2027) Reduction of sentence; substantial assistance to prosecution.
    § 19.2-303.03
    (Expires July 1, 2029) Modification of sentence for marijuana-related convictions
    § 19.2-303.4
    Payment of costs when proceedings deferred
    § 19.2-303.6
    Deferred disposition in a criminal case; persons with autism, intellectual disabilities, or developmental disabilities
    § 19.2-304
    Increasing or decreasing probation period and modification of conditions
    § 19.2-305
    Requiring fines, costs, restitution for damages, support, or community services from probationer
    • Article 1.1. DNA Analysis and Data Bank
    § 19.2-310.7
    Expungement when DNA taken for a conviction
  • Chapter 21. Recovery of Fines and Penalties
    • Article 1. Proceedings to Recover
    § 19.2-340
    (Effective until January 1, 2027) Fines; how recovered; in what name
    § 19.2-340
    (Effective January 1, 2027) Fines; how recovered; in what name
    § 19.2-341
    (Effective until January 1, 2027) Penalties other than fines; how recovered; in what name; limitation of actions
    § 19.2-341
    (Effective January 1, 2027) Penalties other than fines; how recovered; in what name; limitation of actions
    • Article 3. Collection and Disposition of Fines
    § 19.2-349
    (Effective until January 1, 2027) Responsibility for collections; clerks to report unsatisfied fines, etc.; duty of attorneys for Commonwealth; duties of Department of Taxation
    § 19.2-349
    (Effective January 1, 2027) Responsibility for collections; clerks to report unsatisfied fines, etc.; duty of attorneys for Commonwealth; duties of Department of Taxation
    • Article 4. Payment of Fines and Costs on Installment Basis, Etc
    § 19.2-354
    (Effective until January 1, 2027) Authority of court to order payment of fines, costs, forfeitures, penalties, or restitution in installments or upon other terms and conditions; credits for community service work or work performed while incarcerated in lieu of payment
    § 19.2-354
    (Effective January 1, 2027) Authority of court to order payment of fine, costs, forfeitures, penalties, or restitution in installments or upon other terms and conditions; credits for community service work or work performed while incarcerated in lieu of payment
    • Article 5. Receipts for Fines
    § 19.2-360.1
    Itemized statement of fines, restitution, forfeiture, penalty, and other costs
  • Chapter 22.2. Miscellaneous Forfeiture Provisions
    § 19.2-386.21
    (Effective until October 1, 2026) Forfeiture of counterfeit and contraband cigarettes
    § 19.2-386.21
    (Effective on October 1, 2026) Forfeiture of counterfeit and contraband cigarettes
    § 19.2-386.22
    (Effective July 1, 2027) Seizure of property used in connection with or derived from illegal drug transactions
    § 19.2-386.22
    (Effective until July 1, 2027) Seizure of property used in connection with or derived from illegal drug transactions.
    § 19.2-386.28
    Forfeiture of weapons, etc., that are concealed, possessed, transported, or carried in violation of law
    § 19.2-386.37
    (Effective October 1, 2026) Seizure of contraband liquid nicotine or nicotine vapor product
  • Chapter 23. Central Criminal Records Exchange
    § 19.2-387.3
    Substantial Risk Order Registry; maintenance; access; Substantial Risk Order Reporting System
    § 19.2-389
    (Effective until January 1, 2027) Dissemination of criminal history record information
    § 19.2-389
    (Effective January 1, 2027) Dissemination of criminal history record information
  • Chapter 23.1. Expungement of Criminal Records
    § 19.2-392.2
    (Effective until December 1, 2026) Expungement of police and court records
    § 19.2-392.2
    (Effective December 1, 2026) Expungement of police and court records
  • Chapter 23.2. Sealing of Criminal History Record Information and Court Records
    § 19.2-392.5
    Sealing defined; effect of sealing
    § 19.2-392.6
    Automatic sealing of offenses resulting in conviction
    § 19.2-392.6:1
    Sealing of former possession of marijuana offenses without entry of a court order
    § 19.2-392.7
    Process for automatic sealing of offenses resulting in a conviction or deferred disposition
    § 19.2-392.8
    Automatic sealing of offenses resulting in acquittal or dismissal
    § 19.2-392.10
    Process for automatic sealing of offenses resulting in acquittal, nolle prosequi, or dismissal
    § 19.2-392.11
    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
    Sealing of offenses resulting in a deferred and dismissed disposition or conviction by petition
    § 19.2-392.12:1
    Sealing of charges and convictions related to automatic sealing; petition
    § 19.2-392.12:2
    Annual report
    § 19.2-392.13
    Disposition of records when an offense is sealed; permitted uses of sealed records
    § 19.2-392.14
    Disclosure of sealed records; penalty
    § 19.2-392.15
    Prohibited practices by employers, educational institutions, agencies, etc., of state and local governments; penalty
    § 19.2-392.16
    Dissemination of criminal history records and traffic history records by business screening services
    § 19.2-392.17
    Traffic infractions deemed sealed