There is a newer version of the Code of Virginia
2014 Virginia Code
Title 19.2 - Criminal Procedure
Chapter 1. GENERAL PROVISIONS- § 19.2-1. Repealing clause
- § 19.2-2. Effect of repeal of Title 19.1 and enactment of this title
- § 19.2-3. Certain notices, recognizances and processes validated
- § 19.2-3.1. Personal appearance by two-way electronic video and audio communication; standards
- § 19.2-4. References to former sections, articles or chapters of Titles 18.1 and 19.1
- § 19.2-5. Meaning of certain terms
- § 19.2-6. Appointive power of circuit courts
- § 19.2-7. Rewards for arrest of persons convicted of or charged with offenses; rewards for conviction of unknown offenders
- § 19.2-8. Limitation of prosecutions
- § 19.2-8.1. Prosecution for murder or manslaughter; passage of time not a limitation
- § 19.2-9. Prosecution of certain criminal cases removed from state to federal courts; costs
- § 19.2-9.1. Written notice required for complaining witness who is requested to take polygraph test
- § 19.2-10. Outlawry abolished
- § 19.2-10.1. Subpoena duces tecum for obtaining records concerning banking and credit cards
- § 19.2-10.2. Administrative subpoena issued for record from provider of electronic communication service or remote computing service
- § 19.2-11. Procedure in contempt cases
- § 19.2-11.01. Crime victim and witness rights
- § 19.2-11.1. Establishment of crime victim-witness assistance programs; funding; minimum standards
- § 19.2-11.2. Crime victim's right to nondisclosure of certain information; exceptions; testimonial privilege
- § 19.2-11.3. Virginia Crime Victim-Witness Fund
- § 19.2-11.4. Establishment of victim-offender reconciliation program
Article 1. APPOINTMENT
- § 19.2-12. Who are conservators of the peace
- § 19.2-13. Special conservators of the peace; authority; jurisdiction; registration; bond; liability of employers; penalty; report
- § 19.2-14. Conservators of the peace for fairgrounds and cemeteries; bond required
- § 19.2-15. When conservator appointed under § 19.2-13 need not be a citizen
- § 19.2-16. Repealed
- § 19.2-17. Repealed
Article 2. POWERS AND DUTIES
- § 19.2-18. Powers and duties generally
- § 19.2-19. Recognizance to keep the peace; when required
- § 19.2-20. Same; complaint and issuance of warrant therefor
- § 19.2-21. Same; procedure when accused appears
- § 19.2-22. Same; arrest without a warrant
- § 19.2-23. Payment of fees or mileage allowances into county or city treasury
Article 3. APPEALS
Chapter 3. MAGISTRATESArticle 1. TRANSITION PROVISIONS
- § 19.2-26. Repeal of inconsistent statutes, municipal charters, etc
- § 19.2-27. Effect of repeal of Title 39.1 on prior acts, offenses, etc
- § 19.2-28. Certain notices, recognizances and processes validated
- § 19.2-29. References to former sections, articles and chapters in Title 39.1
Article 2. ABOLITION OF JUSTICE OF THE PEACE SYSTEM
- § 19.2-30. Repealed
- § 19.2-31. Abolition of office of issuing justice
- § 19.2-32. References to justices of the peace
Article 3. THE MAGISTRATE SYSTEM
- § 19.2-33. Office of magistrate
- § 19.2-34. Number of magistrates
- § 19.2-35. Appointment; supervision generally
- § 19.2-36. Chief magistrates
- § 19.2-37. Magistrates; eligibility for appointment; restrictions on activities
- § 19.2-38. Probationary period; compensation and benefits; vacancies; revocation of appointment
- § 19.2-38.1. Training standards; training prerequisite to reappointment; waiver
- § 19.2-39. Bond
- § 19.2-40. Repealed
Article 4. SUPERVISION
Article 5. JURISDICTION AND POWERS
Article 6. COMPENSATION AND FEES
- § 19.2-46. Compensation
- § 19.2-46.1. Salaries to be fixed by the Executive Secretary; limitations; mileage allowance
- § 19.2-46.2. Full-time magistrates; certification for retirement coverage
- § 19.2-47. Magistrate not to receive claims or evidence of debt for collection
- § 19.2-47.1. Disposition of funds
- § 19.2-48. Audits
- § 19.2-48.1. Quarters for magistrates
Chapter 5. SEARCH WARRANTS
- § 19.2-52. When search warrant may issue
- § 19.2-53. What may be searched and seized
- § 19.2-54. Affidavit preliminary to issuance of search warrant; general search warrant prohibited; effect of failure to file affidavit
- § 19.2-55. Issuing general search warrant or search warrant without affidavit deemed malfeasance
- § 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
- § 19.2-56.1. Warrant issued for search of attorney's office
- § 19.2-56.2. Application for and issuance of search warrant for a tracking device; installation and use
- § 19.2-57. Execution and return of warrant; list of property seized
- § 19.2-58. Disposition of property seized
- § 19.2-59. Search without warrant prohibited; when search without warrant lawful
- § 19.2-59.1. Strip searches prohibited; exceptions; how strip searches conducted
- § 19.2-60. Motion for return of seized property and to suppress
- § 19.2-61. Definitions
- § 19.2-62. Interception, disclosure, etc., of wire, electronic or oral communications unlawful; penalties; exceptions
- § 19.2-63. Manufacture, possession, sale or advertising of certain devices unlawful; penalties; exceptions
- § 19.2-63.1. Supervision and control of devices; unauthorized possession
- § 19.2-64. Forfeiture of unlawful devices
- § 19.2-65. When intercepted communications and evidence derived therefrom not to be received in evidence
- § 19.2-66. When Attorney General or Chief Deputy Attorney General may apply for order authorizing interception of communications
- § 19.2-67. Disclosure of information obtained by authorized means
- § 19.2-68. Application for and issuance of order authorizing interception; contents of order; recording and retention of intercepted communications, applications and orders; notice to parties; introduction in evidence of information obtained
- § 19.2-69. Civil action for unlawful interception, disclosure or use
- § 19.2-70. Reports to be filed by courts and Attorney General
- § 19.2-70.1. General prohibition on pen register and trap and trace device use; exceptions
- § 19.2-70.2. Application for and issuance of order for a pen register or trap and trace device; assistance in installation and use
- § 19.2-70.3. Obtaining records concerning electronic communication service or remote computing service
- § 19.2-71. Who may issue process of arrest
- § 19.2-72. When it may issue; what to recite and require
- § 19.2-73. Issuance of summons instead of warrant in certain cases
- § 19.2-73.1. Notice of issuance of warrant or summons; appearance; failure to appear
- § 19.2-73.2. Law-enforcement officers to issue subpoenas; penalty
- § 19.2-74. Issuance and service of summons in place of warrant in misdemeanor case; issuance of summons by special conservators of the peace
- § 19.2-74.1. Repealed
- § 19.2-75. Copy of process to be left with accused; exception
- § 19.2-76. Execution and return of warrant, capias or summons; arrest outside county or city where charge is to be tried
- § 19.2-76.1. Submission of quarterly reports concerning unexecuted felony and misdemeanor warrants and other criminal process; destruction; dismissal
- § 19.2-76.2. Mailing of summons in certain cases
- § 19.2-76.3. Failure to appear on return date for summons issued under § 19.2-76.2
- § 19.2-77. Escape, flight and pursuit; arrest anywhere in Commonwealth
- § 19.2-78. Uniform of officer making arrest
- § 19.2-79. Arrest by officers of other states of United States
- § 19.2-80. Duty of arresting officer; bail
- § 19.2-80.1. When arrested person operating motor vehicle; how vehicle removed from scene of arrest
- § 19.2-80.2. Duty of arresting officer; providing magistrate or court with criminal history information
- § 19.2-81. Arrest without warrant authorized in certain cases
- § 19.2-81.1. Arrest without warrant by correctional officers in certain cases
- § 19.2-81.2. Power of correctional officers and designated noncustodial employees to detain
- § 19.2-81.3. Arrest without a warrant authorized in cases of assault and battery against a family or household member and stalking and for violations of protective orders; procedure, etc
- § 19.2-81.4. Repealed
- § 19.2-81.5. Cooperation with a law-enforcement officer
- § 19.2-81.6. Authority of law-enforcement officers to arrest illegal aliens
- § 19.2-82. Procedure upon arrest without warrant
- § 19.2-82.1. Giving false identity to law-enforcement officer; penalty
- § 19.2-83. Repealed
- § 19.2-83.1. Report of arrest of school employees and adult students for certain offenses
- § 19.2-83.2. Jail officer to ascertain citizenship of inmate
Article 1. FUGITIVES FROM FOREIGN NATIONS
Article 2. UNIFORM CRIMINAL EXTRADITION ACT
- § 19.2-85. Definitions
- § 19.2-86. Fugitives from justice; duty of Governor
- § 19.2-87. Form of demand
- § 19.2-88. Governor may investigate case
- § 19.2-89. Extradition of persons imprisoned or awaiting trial in another state
- § 19.2-90. Extradition of persons who have left demanding state involuntarily
- § 19.2-91. Extradition of persons not in demanding state at time of commission of crime
- § 19.2-92. Issuance of Governor's warrant of arrest; its recitals
- § 19.2-93. Manner and place of execution of warrant
- § 19.2-94. Assistance to arresting officer
- § 19.2-95. Rights of accused persons; application for writ of habeas corpus
- § 19.2-96. Penalty for noncompliance with preceding section
- § 19.2-97. Confinement in jail when necessary
- § 19.2-98. Same; for prisoners being taken through Commonwealth
- § 19.2-99. Arrest prior to requisition
- § 19.2-100. Arrest without warrant
- § 19.2-101. Confinement to await requisition; bail
- § 19.2-102. In what cases bail allowed; conditions of bond
- § 19.2-103. Discharge, recommitment or renewal of bail
- § 19.2-104. Forfeiture of bail
- § 19.2-105. Persons under criminal prosecution in this Commonwealth at time of requisition
- § 19.2-106. When guilt or innocence of accused inquired into
- § 19.2-107. Governor may recall warrant or issue alias
- § 19.2-108. Fugitives from this Commonwealth; duty of Governor
- § 19.2-109. Application for requisition for return of person charged with crime
- § 19.2-110. Application for requisition for return of escaped convict, etc
- § 19.2-111. Form of such applications; copies, etc
- § 19.2-112. Costs and expenses of extradition
- § 19.2-113. Immunity from service of process in certain civil actions
- § 19.2-114. Written waiver of extradition proceedings
- § 19.2-115. Nonwaiver by this Commonwealth
- § 19.2-116. No right of asylum; no immunity from other criminal prosecutions while in this Commonwealth
- § 19.2-117. Interpretation of article
- § 19.2-118. Short title
Article 1. BAIL
- § 19.2-119. Definitions
- § 19.2-120. Admission to bail
- § 19.2-120.1. Presumption of no bail for illegal aliens charged with certain crimes
- § 19.2-121. Fixing terms of bail
- § 19.2-122. Repealed
- § 19.2-123. Release of accused on secured or unsecured bond or promise to appear; conditions of release
- § 19.2-124. Appeal from bail, bond, or recognizance order
- § 19.2-125. Release pending appeal from conviction in court not of record
- § 19.2-126. Repealed
- § 19.2-127. Conditions of release of material witness
- § 19.2-128. Penalties for failure to appear
- § 19.2-129. Power of court to punish for contempt
- § 19.2-130. Bail in subsequent proceeding arising out of initial arrest
- § 19.2-130.1. Bail terms set by court on a capias to be honored by magistrate
- § 19.2-131. Bail for person held in jurisdiction other than that of trial
- § 19.2-132. Motion to increase amount of bond fixed by judicial officer; when bond may be increased
- § 19.2-132.1. Repealed
- § 19.2-134. When bail piece to be delivered to accused; form of bail piece
Article 2. RECOGNIZANCES
- § 19.2-135. Commitment for trial; recognizance; notice to attorney for Commonwealth; remand on violation of condition
- § 19.2-136. How bonds in recognizances payable; penalty
- § 19.2-137. Order of court on recognizance
- § 19.2-138. Repealed
- § 19.2-141. How recognizance taken for incapacitated or insane person or one under disability
- § 19.2-142. Where recognizance taken out of court to be sent
- § 19.2-143. Where default recorded; process on recognizance; forfeiture on recognizance; when copy may be used; cash bond
- § 19.2-144. Forfeiture of recognizance while in military or naval service
- § 19.2-145. How penalty remitted
- § 19.2-146. Defects in form of recognizance not to defeat action or judgment
- § 19.2-147. Docketing judgment on forfeited recognizance or bond
- § 19.2-148. Surety discharged on payment of amount, etc., into court
- § 19.2-149. How surety on a bond in recognizance may surrender principal and be discharged from liability
- § 19.2-150. Proceeding when surety surrenders principal
Article 3. SATISFACTION AND DISCHARGE
- § 19.2-151. Satisfaction and discharge of assault and similar charges
- § 19.2-152. Order discharging recognizance or superseding commitment; judgment for costs
Article 4. BAIL BONDSMEN
Article 5. PRETRIAL SERVICES ACT
- § 19.2-152.2. Purpose; establishment of pretrial services and services agencies
- § 19.2-152.3. Department of Criminal Justice Services to prescribe standards; biennial plan
- § 19.2-152.4. Mandated services
- § 19.2-152.4:1. Form of oath of office for local pretrial services officer; authorization to seek capias
- § 19.2-152.4:2. Confidentiality of records of and reports on adult persons under investigation by or in the custody or supervision of a local pretrial services agency
- § 19.2-152.4:3. Duties and responsibilities of local pretrial services officers
- § 19.2-152.5. Community criminal justice boards
- § 19.2-152.6. Withdrawal from pretrial services
- § 19.2-152.7. Funding; failure to comply
- § 19.2-152.7:1. Definitions
- § 19.2-152.8. Emergency protective orders authorized
- § 19.2-152.9. Preliminary protective orders
- § 19.2-152.10. Protective order
- § 19.2-152.11. Venue for protective orders
Article 1. DISABILITY OF JUDGE
- § 19.2-153. When judge cannot sit on trial; how another judge procured to try the case
- § 19.2-154. Death or disability of judge during trial; how another judge procured to continue with trial
Article 2. DISABILITY OF ATTORNEY FOR COMMONWEALTH
- § 19.2-155. Disqualification or temporary disability of attorney for Commonwealth; appointment of substitute; powers, duties and compensation of such appointee
- § 19.2-156. Prolonged absence of attorney for Commonwealth
Article 3. APPOINTMENT OF ATTORNEY FOR ACCUSED
- § 19.2-157. Duty of court when accused appears without counsel
- § 19.2-158. When person not free on bail shall be informed of right to counsel and amount of bail
- § 19.2-159. Determination of indigency; guidelines; statement of indigence; appointment of counsel
- § 19.2-159.1. Interrogation by court; filing; change in circumstances; investigation by attorney for Commonwealth
- § 19.2-160. Appointment of counsel or waiver of right
- § 19.2-161. Penalty for false swearing with regard to statement of indigence
- § 19.2-162. Continuances to be granted if necessary
- § 19.2-163. Compensation of court-appointed counsel
Article 3.1. INDIGENT DEFENSE
- § 19.2-163.01. Virginia Indigent Defense Commission established; powers and duties
- § 19.2-163.01:1. Supplementing compensation of public defender
- § 19.2-163.02. Membership of Indigent Defense Commission; expenses
- § 19.2-163.03. Qualifications for court-appointed counsel
- § 19.2-163.04. Public Defender offices
Article 4. PUBLIC DEFENDERS
- § 19.2-163.1. Repealed
- § 19.2-163.3. Duties of public defenders
- § 19.2-163.4. Inapplicability of §§ 17.1-606 and 19.2-163 where public defender offices established; exception
- § 19.2-163.4:1. Repayment of representation costs by convicted persons
- § 19.2-163.5. Legal services to public defenders and/or assistant public defenders
- § 19.2-163.6. Repealed
Article 4.1. COUNSEL IN CAPITAL CASES
Article 5. INTERPRETERS
- § 19.2-164. Interpreters for non-English-speaking persons (Supreme Court Rule 2:507 derived in part from this section)
- § 19.2-164.1. Interpreters for the deaf (Supreme Court Rule 2:507 derived in part from this section)
Article 6. RECORDING EVIDENCE AND INCIDENTS OF TRIAL
- § 19.2-165. Recording evidence and incidents of trial in felony cases; cost of recording; cost of transcripts; certified transcript deemed prima facie correct; request for copy of transcript
- § 19.2-165.1. Payment of medical fees in certain criminal cases; reimbursement
- § 19.2-166. Court reporters
- § 19.2-167. Accused not to be tried while insane or feebleminded
- § 19.2-168. Notice to Commonwealth of intention to present evidence of insanity; continuance if notice not given
- § 19.2-168.1. Evaluation on motion of the Commonwealth after notice
- § 19.2-169. Repealed
- § 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; capital murder charge; sexually violent offense charge
- § 19.2-169.4. Litigating certain issues when the defendant is incompetent
- § 19.2-169.5. Evaluation of sanity at the time of the offense; disclosure of evaluation results
- § 19.2-169.6. Inpatient psychiatric hospital admission from local correctional facility
- § 19.2-169.7. Disclosure by defendant during evaluation or treatment; use at guilt phase of trial
- § 19.2-170. Repealed
- § 19.2-174.1. Information required prior to admission to a mental health facility
- § 19.2-175. Compensation of experts
- § 19.2-176. Repealed
- § 19.2-177. Repealed
- § 19.2-177.1. Repealed
- § 19.2-178. Where prisoner kept when no vacancy in facility or hospital
- § 19.2-179. Repealed
- § 19.2-180. Sentence or trial of prisoner when restored to sanity
- § 19.2-181. Repealed
- § 19.2-182. Representation by counsel in proceeding for commitment
- § 19.2-182.1. Repealed
- § 19.2-182.2. Verdict of acquittal by reason of insanity to state the fact; temporary custody and evaluation
- § 19.2-182.3. Commitment; civil proceedings
- § 19.2-182.4. Confinement and treatment; interfacility transfers; out-of-hospital visits; notice of change in treatment
- § 19.2-182.5. Review of continuation of confinement hearing; procedure and reports; disposition
- § 19.2-182.6. Petition for release; conditional release hearing; notice; disposition
- § 19.2-182.7. Conditional release; criteria; conditions; reports
- § 19.2-182.8. Revocation of conditional release
- § 19.2-182.9. Emergency custody of conditionally released acquittee
- § 19.2-182.10. Release of person whose conditional release was revoked
- § 19.2-182.11. Modification or removal of conditions; notice; objections; review
- § 19.2-182.12. Representation of Commonwealth and acquittee
- § 19.2-182.13. Authority of Commissioner; delegation to board; liability
- § 19.2-182.14. Escape of persons placed or committed; penalty
- § 19.2-182.15. Escape of persons placed on conditional release; penalty
- § 19.2-182.16. Copies of orders to Commissioner
- § 19.2-183. Examination of witnesses; assistance of counsel; evidentiary matters and remedies; power to adjourn case
- § 19.2-183.1. Joint preliminary hearings
- § 19.2-184. Witnesses may be separated (Subsection (a) of Supreme Court Rule 2:615 derived in part from this section)
- § 19.2-185. Testimony may be reduced to writing and subscribed
- § 19.2-186. When accused to be discharged, tried, committed or bailed by judge
- § 19.2-187. Admission into evidence of certain certificates of analysis
- § 19.2-187.01. Certificate of analysis as evidence of chain of custody of material described therein
- § 19.2-187.02. Admissibility of written reports or records of blood alcohol tests conducted in the regular course of providing emergency medical treatment
- § 19.2-187.1. Procedures for notifying accused of certificate of analysis; waiver; continuances
- § 19.2-187.2. Procedure for subpoena duces tecum of analysis evidence
- § 19.2-188. Reports by Chief Medical Examiner received as evidence
- § 19.2-188.1. Testimony regarding identification of controlled substances
- § 19.2-188.2. Certificate of surgeon as evidence
- § 19.2-188.3. Admissibility of affidavits by government officials regarding a search of government records (Subdivision (10)(b) of Supreme Court Rule 2:803 derived from this section)
- § 19.2-189. Commitment of accused for further examination
- § 19.2-190. To whom, and when, examination and recognizance to be certified
Article 1. IN GENERAL
- § 19.2-191. Functions of a grand jury
- § 19.2-192. Secrecy in grand jury proceedings
- § 19.2-192.1. Sealing of indictment
Article 2. REGULAR GRAND JURIES
- § 19.2-193. Number of regular grand juries
- § 19.2-194. When and how grand jurors to be selected and summoned; lists to be delivered to clerk
- § 19.2-195. Number and qualifications of grand jurors
- § 19.2-196. How deficiency of jurors supplied
- § 19.2-197. Foreman of grand jury; oaths of jurors and witnesses
- § 19.2-198. When new foreman or juror may be sworn in
- § 19.2-199. Judge to charge grand jury
- § 19.2-200. Duties of grand jury
- § 19.2-201. Officers to give information of violation of penal laws to attorney for Commonwealth
- § 19.2-202. How indictments found and presentment made
- § 19.2-203. Indictments ignored may be sent to another grand jury; what irregularities not to vitiate indictment, etc
- § 19.2-204. Penalties on officers and jurors for failure of duty
- § 19.2-205. Pay and mileage of grand jurors
Article 3. SPECIAL GRAND JURIES
- § 19.2-206. When impanelled
- § 19.2-207. Composition of a special grand jury
- § 19.2-208. Subpoena power of special grand jury
- § 19.2-209. Presence of counsel for a witness
- § 19.2-210. Presence of attorney for the Commonwealth
- § 19.2-211. Provision for special counsel and other personnel
- § 19.2-212. Provision for court reporter; use and disposition of notes, tapes and transcriptions
- § 19.2-213. Report by special grand jury; return of true bill
- § 19.2-213.1. Discharge of special grand jury
- § 19.2-214. Prosecutions resulting from report
- § 19.2-215. Costs of special grand jury
Article 4. MULTI-JURISDICTION GRAND JURIES
- § 19.2-215.1. Functions of a multijurisdiction grand jury
- § 19.2-215.2. Application for such grand jury
- § 19.2-215.3. When impaneled; impaneling order
- § 19.2-215.4. Number and qualifications of jurors; grand jury list; when convened; compensation of jurors
- § 19.2-215.5. Subpoena power; counsel for witness; oath
- § 19.2-215.6. Role and presence of special counsel; examination of witnesses; sworn investigators
- § 19.2-215.7. Warnings given to witnesses; when witness in contempt; use of testimony compelled after witness invokes right against self-incrimination
- § 19.2-215.8. Returning a "true bill" of indictment; jurisdiction to be set out
- § 19.2-215.9. Court reporter provided; safekeeping of transcripts, notes, etc.; when disclosure permitted; access to record of testimony and evidence
- § 19.2-215.10. Participation by Office of Attorney General; assistance of special counsel permitted in certain prosecutions
- § 19.2-215.11. Discharge of grand jury
Article 1. NECESSITY FOR INDICTMENT, ETC
- § 19.2-216. Definition of indictment, presentment and information
- § 19.2-217. When information filed; prosecution for felony to be by indictment or presentment; waiver; process to compel appearance of accused
- § 19.2-217.1. Central file of capital murder indictments
- § 19.2-218. Preliminary hearing required for person arrested on charge of felony; waiver
- § 19.2-218.1. Preliminary hearings involving certain sexual crimes against spouses
- § 19.2-218.2. Hearing before juvenile and domestic relations district court required for persons accused of certain violations against their spouses
- § 19.2-219. When capias need not be issued; summons; judgment
Article 2. FORM AND REQUISITES
- § 19.2-220. Contents of indictment in general
- § 19.2-221. Form of prosecutions generally; murder and manslaughter
- § 19.2-222. Repealed
- § 19.2-223. Charging several acts of embezzlement; description of money
- § 19.2-224. In prosecution for forgery, unnecessary to set forth copy of forged instrument
- § 19.2-225. Allegation of intent
- § 19.2-226. What defects in indictments not to vitiate them
- § 19.2-227. When judgment not to be arrested or reversed
- § 19.2-228. Name and address of complaining witness to be written on indictment, etc., for misdemeanor
- § 19.2-229. When complaining witness required to give security for costs
- § 19.2-230. Bill of particulars
Article 3. AMENDMENTS
Article 4. PROCESS
- § 19.2-232. What process to be awarded against accused on indictment, etc
- § 19.2-233. How awarded, directed, returnable and executed
- § 19.2-234. Procedure when person arrested under capias
- § 19.2-235. Clerks to mail process to officers in other counties, etc
- § 19.2-236. Where process of arrest may be executed
- § 19.2-237. Process on indictment or presentment for misdemeanor
- § 19.2-238. Summons against corporation; proceedings; expense of publication
Article 1. JURISDICTION
- § 19.2-239. Jurisdiction in criminal cases
- § 19.2-240. Clerks shall make out criminal docket
- § 19.2-241. Time within which court to set criminal cases for trial
- § 19.2-242. Accused discharged from jail if not indicted in time
- § 19.2-243. Limitation on prosecution of felony due to lapse of time after finding of probable cause; misdemeanors; exceptions
Article 2. VENUE
- § 19.2-244. Venue in general
- § 19.2-245. Offenses committed without and made punishable within Commonwealth; embezzlement or larceny committed within Commonwealth; where prosecuted
- § 19.2-245.01. Offenses involving reports or statements concerning cigarette sales or stamping
- § 19.2-245.1. Forgery; where prosecuted
- § 19.2-245.2. Tax offenses; where prosecuted
- § 19.2-246. Injury inflicted by person within Commonwealth upon one outside Commonwealth
- § 19.2-247. Venue in certain homicide cases
- § 19.2-248. Venue when mortal wound, etc., inflicted in one county and death ensues in another
- § 19.2-249. Offenses committed on boundary of two counties, two cities, or county and city, etc.; where prosecuted
- § 19.2-249.1. Offenses committed within towns situated in two or more counties; where prosecuted
- § 19.2-249.2. Venue for prosecution of computer crimes
- § 19.2-250. How far jurisdiction of corporate authorities extends
- § 19.2-251. When and how venue may be changed
- § 19.2-252. Court ordering change of venue may admit accused to bail and recognize witnesses; remand of accused not admitted to bail
- § 19.2-253. Procedure upon and after change of venue
Article 3. ARRAIGNMENT; PLEAS; TRIAL WITHOUT JURY
- § 19.2-254. Arraignment; pleas; when court may refuse to accept plea; rejection of plea agreement; recusal
- § 19.2-254.1. Procedure in traffic infraction cases
- § 19.2-254.2. Procedure in nontraffic offenses for which prepayment is authorized
- § 19.2-255. Defendant allowed to plead several matters of law or fact
- § 19.2-256. Approvers
- § 19.2-257. Trial without jury in felony cases
- § 19.2-258. Trial of misdemeanors by court without jury; failure to appear deemed waiver of jury
- § 19.2-258.1. Trial of traffic infractions; measure of proof; failure to appear
- § 19.2-259. On trial for felony, accused to be present; when court may enter plea for him, and trial go on
Article 4. TRIAL BY JURY
- § 19.2-260. Provisions of Title 8.01 apply except as provided in this article
- § 19.2-261. Charging grand jury in presence of person selected as juror
- § 19.2-262. Waiver of jury trial; numbers of jurors in criminal cases; how jurors selected from panel
- § 19.2-262.1. Joinder of defendants
- § 19.2-263. Repealed
- § 19.2-263.1. Contact between judge and juror prohibited
- § 19.2-263.2. Jury instructions
- § 19.2-263.3. Juror information confidential
- § 19.2-264. When jury need not be kept together in felony case; sufficient compliance with requirement that jury be kept together
- § 19.2-264.1. Views by juries
Article 4.1. TRIAL OF CAPITAL CASES
- § 19.2-264.2. Conditions for imposition of death sentence
- § 19.2-264.3. Procedure for trial by jury
- § 19.2-264.3:1. Expert assistance when defendant's mental condition relevant to capital sentencing
- § 19.2-264.3:1.1. Capital cases; determination of mental retardation
- § 19.2-264.3:1.2. Expert assistance when issue of defendant's mental retardation relevant to capital sentencing
- § 19.2-264.3:1.3. Expert assistance for indigent defendants in capital cases
- § 19.2-264.3:2. Notice to the defendant of intention to present evidence of unadjudicated criminal conduct
- § 19.2-264.3:3. Limitations on use of statements or disclosure by defendant during evaluations
- § 19.2-264.3:4. Notice of expert testimony in capital case
- § 19.2-264.4. Sentence proceeding
- § 19.2-264.5. Post-sentence reports
Article 5. MISCELLANEOUS PROVISIONS
- § 19.2-265. Opening statement of counsel
- § 19.2-265.01. Victims, certain members of the family and support persons not to be excluded
- § 19.2-265.1. Exclusion of witnesses (Subsection (a) of Supreme Court Rule 2:615 derived in part from this section and subsection (c) of Supreme Court Rule 2:615 derived from this section)
- § 19.2-265.2. Judicial notice of laws (Supreme Court Rule 2:202 derived in part from this section)
- § 19.2-265.3. Nolle prosequi; discretion of court upon good cause shown
- § 19.2-265.4. Failure to provide discovery
- § 19.2-265.5. Prosecuting misdemeanor cases without attorney
- § 19.2-265.6. Effect of dismissal of criminal charges
- § 19.2-266. Exclusion of persons from trial; photographs and broadcasting permitted under designated guidelines; exceptions
- § 19.2-266.1. Conviction of lesser offense on indictment for homicide
- § 19.2-266.2. Defense objections to be raised before trial; hearing; bill of particulars
- § 19.2-266.3. Continuances; appearances of parties
Article 1. IN GENERAL
- § 19.2-267. Provisions applicable to witnesses in criminal as well as civil cases; obligation to attend; summons
- § 19.2-267.1. Authority of law-enforcement officer to issue summons to witness; failure to appear
- § 19.2-267.2. Response to subpoena for information stored in electronic format
- § 19.2-268. Right of accused to testify
- § 19.2-268.1. Contradiction by prior inconsistent writing (Subdivision (b)(i) of Supreme Court Rule 2:613 derived in part from this section)
- § 19.2-268.2. Recent complaint hearsay exception (Subdivision (23) of Supreme Court Rule 2:803 derived from this section)
- § 19.2-269. Convicts as witnesses (Supreme Court Rule 2:609 derived from this section)
- § 19.2-269.1. Inmates as witnesses in criminal cases
- § 19.2-269.2. Nondisclosure of addresses or telephone numbers of crime victims and witnesses
- § 19.2-270. When statement by accused as witness not received as evidence
- § 19.2-270.1. Use of photographs as evidence in certain larceny and burglary prosecutions
- § 19.2-270.1:1. Computer and electronic data in obscenity, etc. cases; access to defendant
- § 19.2-270.2. Disposition of money, securities or documents seized upon arrest, etc., and pertinent as evidence
- § 19.2-270.3. Admissible evidence as to identity of party presenting bad check, draft or order
- § 19.2-270.4. When donation, destruction, or return of exhibits received in evidence authorized
- § 19.2-270.4:1. Storage, preservation and retention of human biological evidence in felony cases
- § 19.2-270.5. DNA profile admissible in criminal proceeding
- § 19.2-270.6. Evidence of abuse admissible in certain criminal trials (Supreme Court Rule 2:409 derived from this section)
- § 19.2-270.7. Determining decibel level of sound with proper equipment; certificate as to accuracy of equipment
- § 19.2-271. Certain judicial officers incompetent to testify under certain circumstances (Supreme Court Rule 2:605 derived from this section)
- § 19.2-271.1. Competency of husband and wife to testify
- § 19.2-271.2. Testimony of husband and wife in criminal cases (Subsection (b) of Supreme Court Rule 2:504 derived from this section)
- § 19.2-271.3. Communications between ministers of religion and persons they counsel or advise (Supreme Court Rule 2:503 derived in part from this section)
- § 19.2-271.4. Privileged communications by certain public safety personnel
Article 2. WITNESSES FROM OR FOR ANOTHER STATE
- § 19.2-272. Definitions
- § 19.2-273. Certificate that witness is needed in another state; hearing
- § 19.2-274. When court to order witness to attend
- § 19.2-275. Arrest of witness
- § 19.2-276. Penalty for failure to attend and testify
- § 19.2-277. Summoning witnesses in another state to testify in this Commonwealth
- § 19.2-278. Reimbursement for daily mileage to such witnesses; issuance of warrant necessary to make tender
- § 19.2-279. Penalty for failure of such witnesses to testify
- § 19.2-280. Exemption of such witnesses from arrest or service of process
- § 19.2-281. Construction of article
- § 19.2-282. How article cited
Article 1. PROOF AND VERDICTS
- § 19.2-283. How accused may be convicted of felony
- § 19.2-284. Proof of ownership in offense relating to property
- § 19.2-285. Accused guilty of part of offense charged; sentence; on new trial what tried
- § 19.2-286. Conviction of attempt or as accessory on indictment for felony; effect of general verdict of not guilty
- § 19.2-287. Verdict and judgment, when jury agree as to some and disagree as to others
- § 19.2-288. Verdict when accused found guilty of punishable homicide
- § 19.2-289. Conviction of petit larceny
- § 19.2-290. Conviction of petit larceny though thing stolen worth more than $200
- § 19.2-291. Faulty counts; motion to strike; general verdict of guilty
- § 19.2-291.1. Report of conviction of school employees for certain offenses
Article 2. FORMER JEOPARDY
- § 19.2-292. Acquittal by jury on merits bar to further prosecution for same offense
- § 19.2-293. When acquittal not a bar to further prosecution for same offense
- § 19.2-294. Offense against two or more statutes or ordinances
- § 19.2-294.1. Dismissal of one of dual charges for driving while intoxicated and reckless driving upon conviction of other charge
Article 3. CONVICTION OF ALIENS
Chapter 18. SENTENCE; JUDGMENT; EXECUTION OF SENTENCEArticle 1. GENERAL PROVISIONS
- § 19.2-295. Ascertainment of punishment
- § 19.2-295.1. Sentencing proceeding by the jury after conviction
- § 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 supervision of felons sentenced for certain offenses committed on or after July 1, 2006
- § 19.2-295.3. Admission of victim impact testimony
- § 19.2-296. Withdrawal of plea of guilty
- § 19.2-297. Repealed
- § 19.2-297.1. Sentence of person twice previously convicted of certain violent felonies
- § 19.2-298. Pronouncement of sentence
- § 19.2-298.01. Use of discretionary sentencing guidelines
- § 19.2-298.1. Repealed
- § 19.2-299. Investigations and reports by probation officers in certain cases
- § 19.2-299.1. When Victim Impact Statement required; contents; uses
- § 19.2-299.2. Alcohol and substance abuse screening and assessment for designated Class 1 misdemeanor convictions
- § 19.2-300. Deferring for mental examination sentence of person convicted of offense indicating sexual abnormality
- § 19.2-301. Judge shall require examination under § 19.2-300; by whom made; report; expenses of psychiatrist
- § 19.2-302. Construction and administration of §§ 19.2-300 and 19.2-301
- § 19.2-303. Suspension or modification of sentence; probation; taking of fingerprints and blood, saliva, or tissue sample as condition of probation
- § 19.2-303.1. Fixing period of suspension of sentence
- § 19.2-303.2. Persons charged with first offense may be placed on probation
- § 19.2-303.3. Sentence to local community-based probation services; services agency; requirements for participation; sentencing; and removal from probation; payment of costs towards supervision and services
- § 19.2-303.4. Payment of costs when proceedings deferred and defendant placed on probation
- § 19.2-303.5. (Expires July 1, 2016) Immediate sanction probation programs
- § 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
- § 19.2-305.1. Restitution for property damage or loss; community service
- § 19.2-305.2. Amount of restitution; enforcement
- § 19.2-305.3. Repealed
- § 19.2-305.4. When interest to be paid on award of restitution
- § 19.2-306. Revocation of suspension of sentence and probation
- § 19.2-307. Contents of judgment order
- § 19.2-308. When two or more sentences run concurrently
- § 19.2-308.1. When sentence may run concurrently with sentence in another jurisdiction
- § 19.2-309. Sentence of confinement for conviction of a combination of felony and misdemeanor offenses
- § 19.2-309.1. Not Set Out
- § 19.2-310. Transfer of prisoners to custody of Director of Department of Corrections
- § 19.2-310.01. Transmission of sentencing documents
- § 19.2-310.1. Repealed
Article 1.1. DNA ANALYSIS AND DATA BANK
- § 19.2-310.2. Blood, saliva, or tissue sample required for DNA analysis upon conviction of certain crimes; fee
- § 19.2-310.2:1. Saliva or tissue sample required for DNA analysis after arrest for a violent felony
- § 19.2-310.3. Procedures for withdrawal of blood, saliva or tissue sample for DNA analysis
- § 19.2-310.3:1. Procedures for taking saliva or tissue sample for DNA analysis
- § 19.2-310.4. Procedures for conducting DNA analysis of blood, saliva or tissue sample
- § 19.2-310.5. DNA data bank
- § 19.2-310.6. Unauthorized uses of DNA data bank; forensic samples; penalties
- § 19.2-310.7. Expungement when DNA taken for a felony conviction
Article 2. INDETERMINATE COMMITMENT
- § 19.2-311. Indeterminate commitment to Department of Corrections in certain cases; duration and character of commitment; concurrence by Department
- § 19.2-312. Repealed
- § 19.2-313. Eligibility for release
- § 19.2-314. Supervision of persons released
- § 19.2-315. Compliance with terms and conditions of parole; time on parole not counted as part of commitment period
- § 19.2-316. Evaluation and report prior to determining punishment
Article 3. BOOT CAMP INCARCERATION PROGRAM
Article 4. DETENTION CENTER INCARCERATION PROGRAM
Article 5. DIVERSION CENTER INCARCERATION PROGRAM
Chapter 19. EXCEPTIONS AND WRITS OF ERROR- § 19.2-317. When writ of error lies in criminal case for accused; when for Commonwealth; when for county, city or town
- § 19.2-317.1. Repealed
- § 19.2-318. Appeal on writ of error to judgment for contempt
- § 19.2-319. When execution of sentence to be suspended; bail; appeal from denial
- § 19.2-320. Petitioner for writ of error to comply with Rules of Court
- § 19.2-321. With whom petition for writ of error filed
- § 19.2-321.1. Motion in the Court of Appeals for delayed appeal in criminal cases
- § 19.2-321.2. Motion in the Supreme Court for delayed appeal in criminal cases
- § 19.2-322. Repealed
- § 19.2-322.1. Suspension of execution of judgment on appeal
- § 19.2-323. Denial by judge or justice no bar to allowance by Court
- § 19.2-324. Decision of appellate court
- § 19.2-324.1. Erroneously admitted evidence; appeal
- § 19.2-325. Provisions which apply to criminal as well as civil cases; when plaintiff in error unable to pay printing costs
- § 19.2-326. Payment of expenses of appeals of indigent defendants
- § 19.2-327. How judgment of appellate court certified and entered
- § 19.2-327.01. Repealed
- § 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
- § 19.2-327.2. Issuance of writ of actual innocence based on biological evidence
- § 19.2-327.3. Contents and form of the petition based on previously unknown or untested human biological evidence of actual innocence
- § 19.2-327.4. Determination by the Supreme Court for findings of fact by the circuit court
- § 19.2-327.5. Relief under writ
- § 19.2-327.6. Claims of relief
- § 19.2-327.10. Issuance of writ of actual innocence based on nonbiological evidence
- § 19.2-327.11. Contents and form of the petition based on previously unknown or unavailable evidence of actual innocence
- § 19.2-327.12. Determination by Court of Appeals for findings of fact by the circuit court
- § 19.2-327.13. Relief under writ
- § 19.2-327.14. Claims of relief
- § 19.2-328. When jailers and sheriffs to summon or employ guards and other persons; allowances therefor
- § 19.2-329. Allowance to witnesses
- § 19.2-330. Compensation to witnesses from out of Commonwealth
- § 19.2-331. When Commonwealth pays witnesses in case of misdemeanor
- § 19.2-332. Compensation to officer or other person for services not otherwise compensable
- § 19.2-333. No state fees to attorney for the Commonwealth
- § 19.2-334. By whom certificate of allowance to be made; vouchers to accompany it; proof of correctness; what entry to state
- § 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
- § 19.2-337. Claims not presented in time to be disallowed
- § 19.2-338. Collection by town of cost of transporting prisoners
Article 1. PROCEEDINGS TO RECOVER
- § 19.2-339. Word "fine" construed
- § 19.2-340. Fines; how recovered; in what name
- § 19.2-340.1. Disposition of fines in criminal cases
- § 19.2-341. Penalties other than fines; how recovered; in what name; limitation of actions
- § 19.2-342. Where and in what court proceeding to be
- § 19.2-343. Reserved
Article 2. REPORTS, ETC., OF FINES AND COSTS
Article 3. COLLECTION AND DISPOSITION OF FINES
- § 19.2-348. Attorneys for Commonwealth or clerks to superintend issue of executions, etc
- § 19.2-349. Responsibility for collections; clerks to report unsatisfied fines, etc.; duty of attorneys for Commonwealth; duties of Department of Taxation
- § 19.2-350. When sheriff not to receive fines
- § 19.2-351. How fines disposed of; informer
- § 19.2-352. Officers to pay fines to clerks; default; forfeiture, etc
- § 19.2-353. Certain fines paid into Literary Fund
- § 19.2-353.1. Fieri facias and proceedings thereon
- § 19.2-353.2. Repealed
- § 19.2-353.3. Acceptance of checks and credit or debit cards in lieu of money; additional fee
- § 19.2-353.4. Repealed
- § 19.2-353.5. Interest on fines and costs
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
- § 19.2-355. Petition of defendant
- § 19.2-356. Payment of fine or costs as condition of probation or suspension of sentence
- § 19.2-357. Requiring that defendant be of peace and good behavior until fine and costs are paid
- § 19.2-358. Procedure on default in deferred payment or installment payment of fine, costs, forfeiture, restitution or penalty
Article 5. RECEIPTS FOR FINES
- § 19.2-359. Official receipts to be given for fines
- § 19.2-360. Forms of receipts; distribution; record of disposition
- § 19.2-361. Misuse, misappropriation or willful failure to account for fines is embezzlement
Article 6. RELIEF FROM FINES AND PENALTIES
- § 19.2-362. Court not to remit fine or penalty, other than fine for contempt, except as provided in § 19.2-358
- § 19.2-363. Authority of Governor to grant relief from fines and penalties
- § 19.2-364. Petition for relief; in what court filed; notice to attorney for Commonwealth
- § 19.2-365. Duties of attorney for Commonwealth upon filing of such petition
- § 19.2-366. Duty of court in which petition filed; certificate and opinion
- § 19.2-367. Proceedings to be according to common law
- § 19.2-368. Course of proceeding when relief asked of the Governor
- § 19.2-368.1. Findings; legislative intent
- § 19.2-368.2. Definitions
- § 19.2-368.3. Powers and duties of Commission
- § 19.2-368.3:1. Crime victims' ombudsman
- § 19.2-368.4. Persons eligible for awards
- § 19.2-368.5. Filing of claims; deferral of proceedings; restitution
- § 19.2-368.5:1. Failure to perfect claim; denial
- § 19.2-368.5:2. Effect of filing a claim; stay of debt collection activities by health care providers
- § 19.2-368.6. Assignment of claims; investigation; hearing; confidentiality of records; decisions
- § 19.2-368.7. Review by Commission
- § 19.2-368.8. Reinvestigation of decision; reconsideration of award; judicial review
- § 19.2-368.9. Emergency awards
- § 19.2-368.10. When awards to be made; reporting crime and cooperation with law enforcement
- § 19.2-368.11. Repealed
- § 19.2-368.11:1. Amount of award
- § 19.2-368.12. Awards not subject to execution or attachment; apportionment; reductions
- § 19.2-368.13. Repealed
- § 19.2-368.14. Public record; exception
- § 19.2-368.15. Subrogation of Commonwealth to claimant's right of action; lien in favor of the Commonwealth; disposition of funds collected
- § 19.2-368.16. Claims to be made under oath
- § 19.2-368.17. Public information program
- § 19.2-368.18. Criminal Injuries Compensation Fund
- § 19.2-368.19. Definitions
- § 19.2-368.20. Special order of escrow
- § 19.2-368.21. Distribution
- § 19.2-368.22. Actions to defeat chapter void
Chapter 22.1. ENFORCEMENT OF FORFEITURES
- § 19.2-386.1. Commencing an action of forfeiture
- § 19.2-386.2. Seizure of named property
- § 19.2-386.2:1. Notice to Commissioner of Department of Motor Vehicles; duties of Commissioner
- § 19.2-386.3. Notice of seizure for forfeiture and notice of motion for judgment
- § 19.2-386.4. Records and handling of seized property
- § 19.2-386.5. Release of seized property
- § 19.2-386.6. Bond to secure possession
- § 19.2-386.7. Sale of property liable to deterioration
- § 19.2-386.8. Exemptions
- § 19.2-386.9. Appearance by owner or lien holder
- § 19.2-386.10. Trial
- § 19.2-386.11. Judgment of condemnation; destruction
- § 19.2-386.12. Sale of forfeited property
- § 19.2-386.13. Writ of error and supersedeas
- § 19.2-386.14. Sharing of forfeited assets
- § 19.2-386.15. Seizure of property used in connection with or derived from terrorism
- § 19.2-386.16. Forfeiture of motor vehicles used in commission of certain crimes
- § 19.2-386.17. Forfeitures for computer crimes
- § 19.2-386.18. Forfeiture of unlawful electronic communication devices
- § 19.2-386.19. Seizure of property used in connection with money laundering
- § 19.2-386.20. Forfeiture of cigarettes sold or attempted to be sold in an unlawful delivery sale
- § 19.2-386.21. Forfeiture of counterfeit and contraband cigarettes
- § 19.2-386.22. Seizure of property used in connection with or derived from illegal drug transactions
- § 19.2-386.23. Disposal of seized controlled substances, marijuana, and paraphernalia
- § 19.2-386.24. Destruction of seized controlled substances or marijuana prior to trial
- § 19.2-386.25. Judge may order law-enforcement agency to maintain custody of controlled substances, etc
- § 19.2-386.26. Seizure and forfeiture of drug paraphernalia
- § 19.2-386.27. Forfeiture of firearms carried in violation of Article 61 (§ 182-3071 et seq)
- § 19.2-386.28. Forfeiture of weapons that are concealed, possessed, transported or carried in violation of law
- § 19.2-386.29. Forfeiture of certain weapons used in commission of criminal offense
- § 19.2-386.30. Forfeiture of money, gambling devices, etc., seized from illegal gambling enterprise; innocent owners or lienors
- § 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
- § 19.2-386.33. Forfeiture of money, etc, derived from violation of §§ 22-3103 through 22-3112
- § 19.2-386.34. Forfeiture of vehicle used in a felony violation of § 182-266
- § 19.2-386.35. Seizure of property used in connection with certain offenses
- § 19.2-387. Exchange to operate as a division of Department of State Police; authority of Superintendent of State Police
- § 19.2-387.1. Protective Order Registry; maintenance; access
- § 19.2-388. Duties and authority of Exchange
- § 19.2-389. Dissemination of criminal history record information
- § 19.2-389.1. Dissemination of juvenile record information
- § 19.2-389.2. Background checks of applicants of the Metropolitan Washington Airports Authority
- § 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
- § 19.2-390.01. Use of Virginia crime code references required
- § 19.2-390.02. Policies and procedures for law enforcement to conduct in-person and photo lineups
- § 19.2-390.1. Sex Offender and Crimes Against Minors Registry; maintenance; access
- § 19.2-390.2. Repealed
- § 19.2-390.3. Child Pornography Images Registry; maintenance; access
- § 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
- § 19.2-392.01. Judges may require taking of fingerprints and photographs in certain misdemeanor cases
- § 19.2-392.02. National criminal background checks by businesses and organizations regarding employees or volunteers providing care to children, the elderly and disabled
- § 19.2-392.1. Statement of policy
- § 19.2-392.2. Expungement of police and court records
- § 19.2-392.3. Disclosure of expunged records
- § 19.2-392.4. Prohibited practices by employers, educational institutions, agencies, etc., of state and local governments
- § 19.2-393. Definitions
- § 19.2-394. Issuance of warrant
- § 19.2-395. Duration of warrant
- § 19.2-396. Conduct of inspection, testing or collection of samples for testing; special procedure for dwelling
- § 19.2-397. Refusal to permit authorized inspection; penalty
- § 19.2-398. When appeal by the Commonwealth allowed
- § 19.2-399. Defense objections to be raised before trial; hearing; bill of particulars
- § 19.2-400. Appeal lies to the Court of Appeals; time for filing notice
- § 19.2-401. Cross appeal; when allowed; time for filing
- § 19.2-402. Petition for appeal; brief in opposition; time for filing
- § 19.2-403. Procedures on petition for pretrial appeal
- § 19.2-404. Procedures on awarded pretrial appeal
- § 19.2-405. Pretrial appeals; record on appeal; transcript; written statement of facts; time for filing
- § 19.2-406. Bail pending pretrial appeal
- § 19.2-407. Review by the Supreme Court
- § 19.2-408. Finality of decision of the Court of Appeals in pretrial appeals
- § 19.2-409. Exclusion of pretrial appeal period from time within which accused must be tried; reconsideration of issues after conviction
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