2006 Code of Virginia § 2.2-511 - Criminal cases

2.2-511. Criminal cases.

A. Unless specifically requested by the Governor to do so, the AttorneyGeneral shall have no authority to institute or conduct criminal prosecutionsin the circuit courts of the Commonwealth except in cases involving (i)violations of the Alcoholic Beverage Control Act ( 4.1-100 et seq.), (ii)violation of laws relating to elections and the electoral process as providedin 24.2-104, (iii) violation of laws relating to motor vehicles and theiroperation, (iv) the handling of funds by a state bureau, institution,commission or department, (v) the theft of state property, (vi) violation ofthe criminal laws involving child pornography and sexually explicit visualmaterial involving children, (vii) the practice of law without being dulyauthorized or licensed or the illegal practice of law, (viii) with theconcurrence of the local attorney for the Commonwealth, violations of theVirginia Computer Crimes Act ( 18.2-152.1 et seq.), (ix) with theconcurrence of the local attorney for the Commonwealth, violations of the AirPollution Control Law ( 10.1-1300 et seq.), the Virginia Waste ManagementAct ( 10.1-1400 et seq.), and the State Water Control Law ( 62.1-44.2 etseq.), (x) with the concurrence of the local attorney for the Commonwealth,violations of Chapters 2 ( 18.2-18 et seq.), 3 ( 18.2-22 et seq.), and 10( 18.2-434 et seq.) of Title 18.2, if such crimes relate to violations oflaw listed in clause (ix) of this subsection, (xi) with the concurrence ofthe local attorney for the Commonwealth, criminal violations by Medicaidproviders or their employees in the course of doing business, or violationsof Chapter 13 ( 18.2-512 et seq.) of Title 18.2, in which cases the AttorneyGeneral may leave the prosecution to the local attorney for the Commonwealth,or he may institute proceedings by information, presentment or indictment, asappropriate, and conduct the same, (xii) with the concurrence of the localattorney for the Commonwealth, violations of Article 9 ( 18.2-246.1 et seq.)of Chapter 6 of Title 18.2, and (xiii) with the concurrence of the localattorney for the Commonwealth, assist in the prosecution of violations of 18.2-186.3 and 18.2-186.4.

In all other criminal cases in the circuit courts, except where the lawprovides otherwise, the authority of the Attorney General to appear orparticipate in the proceedings shall not attach unless and until a petitionfor appeal has been granted by the Court of Appeals or a writ of error hasbeen granted by the Supreme Court. In all criminal cases before the Court ofAppeals or the Supreme Court in which the Commonwealth is a party or isdirectly interested, the Attorney General shall appear and represent theCommonwealth. In any criminal case in which a petition for appeal has beengranted by the Court of Appeals, the Attorney General shall continue torepresent the Commonwealth in any further appeal of a case from the Court ofAppeals to the Supreme Court.

B. The Attorney General shall, upon request of a person who was the victim ofa crime and subject to such reasonable procedures as the Attorney General mayrequire, ensure that such person is given notice of the filing, of the date,time and place and of the disposition of any appeal or habeas corpusproceeding involving the cases in which such person was a victim. For thepurposes of this section, a victim is an individual who has sufferedphysical, psychological or economic harm as a direct result of the commissionof a crime; a spouse, child, parent or legal guardian of a minor orincapacitated victim; or a spouse, child, parent or legal guardian of avictim of a homicide. Nothing in this subsection shall confer upon any persona right to appeal or modify any decision in a criminal, appellate or habeascorpus proceeding; abridge any right guaranteed by law; or create any causeof action for damages against the Commonwealth or any of its politicalsubdivisions, the Attorney General or any of his employees or agents, anyother officer, employee or agent of the Commonwealth or any of its politicalsubdivisions, or any officer of the court.

(Code 1950, 2-90; 1958, c. 235; 1966, c. 677, 2.1-124; 1974, c. 490;1975, c. 42; 1984, c. 703; 1993, c. 866; 1995, cc. 565, 839; 1997, c. 801;1998, cc. 507, 510; 2000, c. 239; 2001, c. 844; 2002, cc. 588, 623; 2003, c.103; 2004, cc. 450, 883, 996.)