Va. Code Ann. § 19.2-11.1 — Virginia Code / Title 19.2 / Chapter 1.1 / Section 19.2-11.1
Establishment of crime victim-witness assistance programs; funding; minimum standards
Status: in_force

Any local governmental body which establishes, operates and maintains a crime victim and witness assistance program, whose funding is provided in whole or part by grants administered by the Department of Criminal Justice Services pursuant to § 9.1-104 , shall operate the program in accordance with guidelines which shall be established by the Department to implement the provisions of this chapter and other applicable laws establishing victims' rights.

1988, c. 542; 1994, cc. 361 , 598 ; 1995, c. 687 ; 1996, c. 545 .
Va. Code Ann. § 19.2-265.4 — Virginia Code / Title 19.2 / Chapter 15 / Article 5 / Section 19.2-265.4
Failure to provide discovery
Status: in_force

A. In any criminal prosecution for a felony in a circuit court or for a misdemeanor brought on direct indictment, the attorney for the Commonwealth shall have a duty to adequately and fully provide discovery as provided under Rule 3A:11 of the Rules of the Supreme Court. Rule 3A:11 shall be construed to apply to such felony and misdemeanor prosecutions. This duty to disclose shall be continuing and shall apply to any additional evidence or material discovered by the Commonwealth prior to or during trial that is subject to discovery or inspection and has been previously requested by the accused. In any criminal prosecution for a misdemeanor by trial de novo in circuit court, the attorney for the Commonwealth shall have a duty to adequately and fully provide discovery as provided under Rule 7C:5 of the Rules of the Supreme Court. If an order for discovery is entered for such criminal prosecution pursuant to Rule 3A:11, the accused may request to copy or photograph any discovery materials or evidence that the accused is permitted to inspect and review, including relevant police reports, criminal records, dashboard camera footage, and body-worn camera footage as described in § 15.2-1723.1 . Upon such request, the attorney for the Commonwealth shall provide to the counsel of record for the accused copies of such discovery materials, subject to the redaction, restricted dissemination, and protective orders provisions of Rule 3A:11.

B. If at any time during the course of the proceedings it is brought to the attention of the court that the attorney for the Commonwealth has failed to comply with this section, the court may order the Commonwealth to permit the discovery or inspection, grant a continuance, or prohibit the Commonwealth from introducing evidence not disclosed, or the court may enter such other order as it deems just under the circumstances.

1985, c. 538; 1995, c. 504 ; 2004, c. 348 ; 2026, cc. 562 , 982 .
Va. Code Ann. § 19.2-187.01 — Virginia Code / Title 19.2 / Chapter 12 / Section 19.2-187.01
Certificate of analysis as evidence of chain of custody of material described therein
Status: in_force

A report of analysis duly attested by the person performing such analysis or examination in any laboratory operated by (i) the Division of Consolidated Laboratory Services, the Department of Forensic Science or any of its regional laboratories, or by any laboratory authorized by such Division or Department to conduct such analysis or examination; (ii) the Federal Bureau of Investigation; (iii) the federal Bureau of Alcohol, Tobacco and Firearms; (iv) the Naval Criminal Investigative Service; (v) the federal Drug Enforcement Administration; (vi) the United States Postal Service; (vii) the U.S. Secret Service; or (viii) the Forensic Document Laboratory of the U.S. Department of Homeland Security shall be prima facie evidence in a criminal or civil proceeding as to the custody of the material described therein from the time such material is received by an authorized agent of such laboratory until such material is released subsequent to such analysis or examination. Any such certificate of analysis purporting to be signed by any such person shall be admissible as evidence in such hearing or trial without any proof of the seal or signature or of the official character of the person whose name is signed to it. The signature of the person who received the material for the laboratory on the request for laboratory examination form or evidence submission receipt, either by hand or by electronic means, shall be deemed prima facie evidence that the person receiving the material was an authorized agent and that such receipt constitutes proper receipt by the laboratory for purposes of this section. For purposes of this section, any laboratory that has entered into a contract with the Department of Forensic Science for the provision of forensic laboratory services shall be deemed authorized by the Department to conduct such analyses or examinations.

1979, c. 364; 1989, c. 458; 1990, cc. 548, 825; 1991, c. 687; 1993, c. 32; 1994, c. 375 ; 1995, c. 437 ; 2005, cc. 868 , 881 ; 2011, c. 645 ; 2015, cc. 75 , 126 ; 2019, cc. 478 , 479 ; 2024, c. 210 .
Va. Code Ann. § 19.2-280 — Virginia Code / Title 19.2 / Chapter 16 / Article 2 / Section 19.2-280
Exemption of such witnesses from arrest or service of process
Status: in_force

If a person comes into this Commonwealth in obedience to a summons directing him to attend and testify in this Commonwealth he shall not while in this Commonwealth pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this Commonwealth under the summons.

If a person passes through this Commonwealth while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, he shall not while so passing through this Commonwealth be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this Commonwealth under the summons.

Code 1950, § 19.1-277; 1960, c. 366; 1975, c. 495.
Va. Code Ann. § 19.2-248 — Virginia Code / Title 19.2 / Chapter 15 / Article 2 / Section 19.2-248
Venue when mortal wound, etc., inflicted in one county and death ensues in another
Status: in_force

If a mortal wound, or other violence or injury, be inflicted, or poison administered in one county or city, and death ensues therefrom in another county or city, the offense may be prosecuted in either.

Code 1950, § 19.1-223; 1960, c. 366; 1975, c. 495.
Va. Code Ann. § 19.2-368.22 — Virginia Code / Title 19.2 / Chapter 21.2 / Section 19.2-368.22
Actions to defeat chapter void
Status: in_force

Any action taken by any person convicted of a felony, whether by way of execution of a power of attorney, creation of corporate entities, or otherwise, to defeat the purpose of this chapter shall be void.

1990, c. 549; 1992, c. 59.
Va. Code Ann. § 19.2-327.10:1 — Virginia Code / Title 19.2 / Chapter 19.3 / Section 19.2-327.10:1
Petition for writ of actual innocence joined by Attorney General; release of prisoner; bond hearing
Status: in_force

The Attorney General may join in a petition for a writ of actual innocence made pursuant to § 19.2-327.10 after providing written notice of such intent to the local attorney for the Commonwealth in the jurisdiction of conviction or adjudication of delinquency. When such petition is so joined, the petitioner may file a copy of the petition and attachments thereto and the Attorney General's answer with the circuit court that entered the felony conviction or adjudication of delinquency and move the court for a hearing to consider release of the person on bail pursuant to Chapter 9 (§ 19.2-119 et seq.). Upon hearing and for good cause shown, the court may order the person released from custody subject to the terms and conditions of bail so established, pending a ruling by the Court of Appeals on the writ under § 19.2-327.13 .

2015, c. 66 ; 2020, cc. 993 , 994 ; 2023, c. 719 .
Va. Code Ann. § 19.2-83.1 — Virginia Code / Title 19.2 / Chapter 7 / Section 19.2-83.1
Report of arrest of school employees and adult students for certain offenses
Status: in_force

A. Every state official or agency and every sheriff, police officer, or other local law-enforcement officer or conservator of the peace having the power to arrest for a felony, upon arresting a person who is known or discovered by the arresting official to be a full-time, part-time, permanent, or temporary teacher or any other employee in any local school division in the Commonwealth for a felony or a Class 1 misdemeanor or an equivalent offense in another state, shall file a report of such arrest with the division safety official designated pursuant to subsection F of § 22.1-279.8 in the school division in which such person is employed as soon as practicable but no later than 48 hours after such arrest. The contents of the report required pursuant to this subsection shall be utilized by the local school division solely to implement the provisions of subsection B of § 22.1-296.2 and § 22.1-315 .

B. The report required pursuant to subsection A shall be transmitted to the division safety official (i) via certified mail, return receipt requested, to the mailing address identified by the division superintendent pursuant to subsection F of § 22.1-279.8 or (ii) via email to the email address identified by the division superintendent pursuant to subsection F of § 22.1-279.8 . Any certified mail return receipt shall be retained in the case file.

C. (Expires July 1, 2027) In the event that the law-enforcement agency has existing access to Virginia Employment Commission records, each arresting official shall request in writing that the Virginia Employment Commission provide the name of the current employer of each person arrested for an offense set forth in § 9.1-902 for purposes of determining whether a report is required pursuant to subsection A.

D. Every state official or agency and every sheriff, police officer, or other local law-enforcement officer or conservator of the peace having the power to arrest for a felony shall file a report, as soon as practicable, with the division superintendent of the school division in which the student is enrolled upon arresting a person who is known or discovered by the arresting official to be a student age 18 or older in any local school division in the Commonwealth for:

1. A firearm offense pursuant to Article 4 (§ 18.2-279 et seq.), 5 (§ 18.2-288 et seq.), 6 (§ 18.2-299 et seq.), 6.1 (§ 18.2-307.1 et seq.), or 7 (§ 18.2-308.1 et seq.) of Chapter 7 of Title 18.2;

2. Homicide, pursuant to Article 1 (§ 18.2-30 et seq.) of Chapter 4 of Title 18.2;

3. Felonious assault and bodily wounding, pursuant to Article 4 (§ 18.2-51 et seq.) of Chapter 4 of Title 18.2;

4. Criminal sexual assault, pursuant to Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2;

5. Manufacture, sale, gift, distribution or possession of Schedule I or II controlled substances, pursuant to Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2;

6. (Effective until July 1, 2027) Manufacture, sale or distribution of marijuana pursuant to Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2;

6. (Effective July 1, 2027) Manufacture, sale or distribution of marijuana pursuant to Chapter 11 (§ 4.1-1100 et seq.) of title 4.1;

7. Arson and related crimes, pursuant to Article 1 (§ 18.2-77 et seq.) of Chapter 5 of Title 18.2;

8. Burglary and related offenses, pursuant to §§ 18.2-89 through 18.2-93 ;

9. Robbery pursuant to § 18.2-58 ;

10. Prohibited criminal street gang activity pursuant to § 18.2-46.2 ;

11. Recruitment of juveniles for criminal street gang pursuant to § 18.2-46.3 ;

12. An act of violence by a mob pursuant to § 18.2-42.1 ; or

13. Abduction of any person pursuant to § 18.2-47 or 18.2-48 .

1991, c. 2; 1996, cc. 958 , 960 ; 1997, c. 721 ; 2001, c. 591 ; 2004, c. 517 ; 2011, cc. 384 , 410 ; 2013, c. 746 ; 2014, cc. 674 , 719 ; 2018, c. 281 ; 2023, cc. 282 , 283 ; 2025, c. 234 ; 2026, Sp. Sess. I, c. 1 .
Va. Code Ann. § 19.2-312 — Virginia Code / Title 19.2 / Chapter 18 / Article 2 / Section 19.2-312
Repealed
Status: repealed

Repealed by Acts 1990, c. 701.
Va. Code Ann. § 19.2-130 — Virginia Code / Title 19.2 / Chapter 9 / Article 1 / Section 19.2-130
Bail in subsequent proceeding arising out of initial arrest
Status: in_force

A. Any person admitted to bail by a judge or clerk of a district court or by a magistrate shall not be required to be admitted to bail in any subsequent proceeding arising out of the initial arrest unless the court having jurisdiction of such subsequent proceeding deems the initial amount of bond or security taken inadequate. When the court having jurisdiction of the proceeding believes the amount of bond or security inadequate or excessive, it may change the amount of such bond or security, require new and additional sureties, or set other terms of bail as are appropriate to the case, including, but not limited to, drug and alcohol monitoring. The court may, after notice to the parties, initiate a proceeding to alter the terms and conditions of bail on its own motion.

B. Any motion to alter the terms and conditions of bail where the initial bail decision is made by a judge or clerk of a district court or by a magistrate on any charge originally pending in that district court shall be filed in that district court unless (i) a bail decision is on appeal, (ii) such charge has been transferred pursuant to § 16.1-269.1 to a circuit court, or (iii) such charge has been certified by a district court.

Code 1950, § 19.1-111.1; 1972, c. 366; 1975, c. 495; 1978, c. 755; 1991, c. 581; 2008, cc. 363 , 812 ; 2019, c. 616 .
Va. Code Ann. § 19.2-386.12 — Virginia Code / Title 19.2 / Chapter 22.1 / Section 19.2-386.12
Sale of forfeited property
Status: in_force

A. Any sale of forfeited property shall be made for cash, after due advertisement. The sale shall be by public sale or other commercially feasible means authorized by the court in the order of forfeiture and shall vest in the purchaser a clear and absolute title to the property sold subject to the rights of any lien holder whose interest is not forfeited. The proceeds of sale, and whatever may be realized on any bond given under § 19.2-386.6 , and any money forfeited shall be paid over to the state treasury into a special fund of the Department of Criminal Justice Services in accordance with § 19.2-386.14 .

B. In all cases of forfeiture under this section, the actual expenses incident to the custody, preservation, and management of the seized property prior to forfeiture, the actual expenses incident to normal legal proceedings to perfect the Commonwealth's interest in the seized property through forfeiture, and the actual expenses incident to the sale thereof, including commissions, shall be taxed as costs and shall be paid to the person or persons who incurred these costs out of the net proceeds from the sale of such property. If there are no proceeds, the actual expenses shall be paid by the Commonwealth from the Criminal Fund. Actual expenses in excess of the available net proceeds shall be paid by the Commonwealth from the Criminal Fund. The party or parties in interest to any forfeiture proceeding commenced under this section shall be entitled to reasonable attorney's fees and costs if the forfeiture proceeding is terminated in favor of such party or parties. Such fees and costs shall be paid by the Commonwealth from the Criminal Fund.

The residue, if any, shall be paid and disbursed as provided in subsection A of § 19.2-386.10 and § 19.2-386.14 and regulations promulgated by the Criminal Justice Services Board.

1989, c. 690; 1991, c. 560.
Va. Code Ann. § 19.2-386.16 — Virginia Code / Title 19.2 / Chapter 22.2 / Section 19.2-386.16
Forfeiture of motor vehicles used in commission of certain crimes
Status: in_force

A. Any vehicle knowingly used by the owner thereof or used by another with his knowledge of and during the commission of, or in an attempt to commit, a second or subsequent offense of § 18.2-346 , 18.2-346.01 , 18.2-347 , 18.2-348 , 18.2-348.1 , 18.2-349 , 18.2-355 , 18.2-356 or 18.2-357 or of a similar ordinance of any county, city or town or knowingly used for the transportation of any stolen goods, chattels or other property, when the value of such stolen goods, chattels or other property is $1,000 or more, or any stolen property obtained as a result of a robbery, without regard to the value of the property, shall be forfeited to the Commonwealth. The vehicle shall be seized by any law-enforcement officer arresting the operator of such vehicle for the criminal offense, and delivered to the sheriff of the county or city in which the offense occurred. The officer shall take a receipt therefor.

B. Any vehicle knowingly used by the owner thereof or used by another with his knowledge of and during the commission of, or in an attempt to commit, a misdemeanor violation of subsection D of § 18.2-47 or a felony violation of (i) Article 3 (§ 18.2-47 et seq.) of Chapter 4 of Title 18.2 or (ii) § 18.2-357 where the prostitute is a minor, shall be forfeited to the Commonwealth. The vehicle shall be seized by any law-enforcement officer arresting the operator of such vehicle for the criminal offense, and delivered to the sheriff of the county or city in which the offense occurred. The officer shall take a receipt therefor.

C. Forfeiture of such vehicle shall be enforced as is provided in Chapter 22.1 (§ 19.2-386.1 et seq.).

Code 1950, §§ 18.1-103, 18.1-107.1; 1960, c. 358; 1966, c. 247; 1970, c. 353; 1975, cc. 14, 15, § 18.2-110; 1981, c. 188; 1982, c. 509; 1992, cc. 310, 725; 1993, cc. 609, 866; 2004, c. 995 ; 2010, c. 710 ; 2011, cc. 818 , 852 ; 2012, cc. 283 , 756 ; 2018, cc. 764 , 765 ; 2019, c. 458 ; 2020, cc. 89 , 401 ; 2021, Sp. Sess. I, c. 188 .
Va. Code Ann. § 19.2-407 — Virginia Code / Title 19.2 / Chapter 25 / Section 19.2-407
Review by the Supreme Court
Status: in_force

Pursuant to § 17.1-409 , the Supreme Court in its discretion may certify an appeal taken pursuant to § 19.2-398 , or a cross appeal taken pursuant to § 19.2-401 , for expedited review by the Supreme Court before it has been determined by the Court of Appeals. Such certification may be made only when the Supreme Court determines that at least one of the conditions set forth in subsection B of § 17.1-409 exists.

1987, c. 710.
Va. Code Ann. § 19.2-88 — Virginia Code / Title 19.2 / Chapter 8 / Article 2 / Section 19.2-88
Governor may investigate case
Status: in_force

A. When a demand shall be made upon the Governor by the executive authority of another state for the surrender of a person so charged with, or convicted of, crime, the Governor may call upon the Attorney General or any other officer of this Commonwealth to investigate or assist in investigating the demand and to report to him the situation and circumstances of the person so demanded and whether he ought to be surrendered.

B. Notwithstanding any other provision of law, when a demand for extradition is for a person charged with a crime relating to protected health care activity as defined in § 32.1-377, the Governor shall take no less than 365 calendar days to investigate the case as permitted under this section before acting on or responding to the demand. Such 365-day period shall begin no earlier than the day after the Governor issues an accurate and written acknowledgement of the receipt of all materials required to constitute a proper demand in accordance with subsection C of § 19.2-87.1 and other relevant provisions of law.

Code 1950, § 19.1-52; 1960, c. 366; 1975, c. 495; 2026, c. 905 .
Va. Code Ann. § 19.2-323 — Virginia Code / Title 19.2 / Chapter 19 / Section 19.2-323
Denial by judge or justice no bar to allowance by Court
Status: in_force

The denial of a writ of error by a judge or justice of an appellate court, in the vacation of that court, shall not prevent the allowance of the writ by the Court, if by it deemed proper, on presentation of the petition to that Court at its next term.

Code 1950, § 19.1-287; 1960, c. 366; 1975, c. 495; 1976, c. 615; 1984, c. 703.
Va. Code Ann. § 19.2-303.2 — Virginia Code / Title 19.2 / Chapter 18 / Article 1 / Section 19.2-303.2
Persons charged with first offense may be placed on probation
Status: in_force

Whenever any person who has not previously been convicted of any felony, or has not previously had a proceeding against him for violation of such an offense dismissed as provided in this section, pleads guilty to or enters a plea of not guilty to any crime against property constituting a misdemeanor, under Article 3 (§ 18.2-95 et seq.), 5 (§ 18.2-119 et seq.) except for a violation of § 18.2-130 or 18.2-130.1 , 6 (§ 18.2-137 et seq.), 7 (§ 18.2-144 et seq.), or 8 (§ 18.2-153 et seq.) of Chapter 5 of Title 18.2, the court, upon such plea if the facts found by the court would justify a finding of guilt, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation subject to terms and conditions, which may include restitution for losses caused, set by the court. If the court defers further proceedings for an offense that is required to be reported to the Central Criminal Records Exchange pursuant to § 19.2-390 , at that time the court shall determine whether the clerk of court has been provided with the fingerprint identification information or fingerprints of the accused, taken by a law-enforcement officer pursuant to § 19.2-390 , and, if not, shall order that the fingerprints and photograph of the accused be taken by a law-enforcement officer. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, and upon determining that the clerk of court has been provided with the fingerprint identification information or fingerprints of such person for an offense that is required to be reported to the Central Criminal Records Exchange pursuant to § 19.2-390 , the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is a conviction only for the purpose of applying this section in subsequent proceedings.

1985, c. 617; 2019, cc. 782 , 783 ; 2020, cc. 989 , 990 .
Va. Code Ann. § 19.2-316.2 — Virginia Code / Title 19.2 / Chapter 18 / Article 4 / Section 19.2-316.2
Repealed
Status: repealed

Repealed by Acts 2019, c. 618 , cl. 2.
Va. Code Ann. § 19.2-37 — Virginia Code / Title 19.2 / Chapter 3 / Article 3 / Section 19.2-37
Magistrates; eligibility for appointment; restrictions on activities
Status: in_force

A. Any person who is a United States citizen and resident of the Commonwealth may be appointed to the office of magistrate under this title subject to the limitations of Chapter 28 (§ 2.2-2800 et seq.) of Title 2.2 and of this section.

B. Every person appointed as a magistrate on and after July 1, 2008, shall be required to have a bachelor's degree from an accredited institution of higher education. A person initially appointed as a magistrate prior to July 1, 2008, who continues in office without a break in service is not required to have a bachelor's degree from an accredited institution of higher education.

C. A person shall not be eligible for appointment as a magistrate under the provisions of this title: (a) if such person is a law-enforcement officer; (b) if such person or his spouse is a clerk, deputy or assistant clerk, or employee of any such clerk of a district or circuit court, provided that the Committee on District Courts may authorize a magistrate to assist in the district court clerk's office on a part-time basis; (c) if the parent, child, spouse, or sibling of such person is a district or circuit court judge in the magisterial region where he will serve; or (d) if such person is the chief executive officer, or a member of the board of supervisors, town or city council, or other governing body for any political subdivision of the Commonwealth.

D. No magistrate shall issue any warrant or process in complaint of his spouse, child, grandchild, parent, grandparent, parent-in-law, child-in-law, brother, sister, brother-in-law or sister-in-law, nephew, niece, uncle, aunt, first cousin, guardian or ward.

E. A magistrate may not engage in any other activity for financial gain during the hours that he is serving on duty as a magistrate. A magistrate may not be employed outside his duty hours without the prior written approval of the Executive Secretary.

F. No person appointed as a magistrate on or after July 1, 2008, may engage in the practice of law.

G. A magistrate who is designated as a marriage celebrant under § 20-25 may not accept a fee, a gratuity, or any other thing of value for exercise of authority as a marriage celebrant.

Code 1950, § 19.1-385; 1973, c. 545; 1975, c. 495; 1976, c. 138; 1978, cc. 463, 760; 1984, c. 41; 1985, c. 45; 1986, c. 202; 1996, c. 112 ; 1999, c. 267 ; 2004, c. 830 ; 2008, cc. 551 , 691 .
Va. Code Ann. § 19.2-348 — Virginia Code / Title 19.2 / Chapter 21 / Article 3 / Section 19.2-348
Attorneys for Commonwealth or clerks to superintend issue of executions, etc
Status: in_force

The attorney for the Commonwealth or the clerk of the circuit court shall superintend the issuing of all executions or judgments for fines and penalties going wholly or in part to the Commonwealth or a county, city or town, in the circuit court or appropriate district court of his county or city.

Code 1950, § 19.1-341.1; 1960, c. 366; 1975, c. 495; 1983, c. 499; 1992, c. 623; 1994, c. 811 .
Va. Code Ann. § 19.2-368.2 — Virginia Code / Title 19.2 / Chapter 21.1 / Section 19.2-368.2
Definitions
Status: in_force

For the purpose of this chapter:

"Anonymous trace evidence collection kit" means the same as that term is defined in § 19.2-11.5 .

"Claimant" means the person filing a claim pursuant to this chapter.

"Commission" means the Virginia Workers' Compensation Commission.

"Crime" means an act committed by any person in the Commonwealth of Virginia which would constitute a crime as defined by the Code of Virginia or at common law. However, no act involving the operation of a motor vehicle which results in injury shall constitute a crime for the purpose of this chapter unless the injuries (i) were intentionally inflicted through the use of such vehicle or (ii) resulted from a violation of § 18.2-51.4 or 18.2-266 or from a felony violation of § 46.2-894 .

"Family," when used with reference to a person, means (i) any person related to such person within the third degree of consanguinity or affinity, (ii) any person residing in the same household with such person, or (iii) a spouse.

"Physical evidence recovery kit" means the same as that term is defined in § 19.2-11.5 .

"Sexual abuse" means sexual abuse as defined in subdivision 6 of § 18.2-67.10 and acts constituting rape, sodomy, object sexual penetration or sexual battery as defined in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2.

"Victim" means a person who suffers personal physical injury or death as a direct result of a crime including a person who is injured or killed as a result of foreign terrorism or who suffers personal emotional injury as a direct result of being the subject of a violent felony offense as defined in subsection C of § 17.1-805 , or stalking as described in § 18.2-60.3 , or attempted robbery or abduction.

1976, c. 605; 1984, c. 619; 1988, c. 748; 1990, c. 620; 1997, cc. 528 , 691 ; 1998, c. 484 ; 1999, c. 286 ; 2001, c. 855 ; 2008, c. 590 ; 2012, c. 38 ; 2026, cc. 858 , 859 .
Va. Code Ann. § 19.2-266.4 — Virginia Code / Title 19.2 / Chapter 15 / Article 5 / Section 19.2-266.4
Expert assistance for indigent defendants
Status: in_force

A. In any case in which a defendant is (i) charged with a felony offense or a Class 1 misdemeanor and (ii) determined to be indigent by the court pursuant to § 19.2-159 , the defendant or his attorney may, upon notice to the Commonwealth, move the circuit court to designate another judge in the same circuit to hear an ex parte request for appointment of a qualified expert to assist in the preparation of the defendant's defense. No ex parte proceeding, communication, or request may be considered pursuant to this section unless the defendant or his attorney states under oath or in a sworn declaration that a need for confidentiality exists. A risk that trial strategy may be disclosed unless the hearing is ex parte shall be sufficient grounds to establish a need for confidentiality.

B. Upon receiving the defendant's or his attorney's declaration of a need for confidentiality, the designated ex parte judge shall conduct an ex parte hearing on the request for authorization to obtain expert assistance. This hearing shall occur as soon as practicable. After a hearing upon the motion and upon a showing that the provision of the requested expert services would materially assist the defendant in preparing his defense and the denial of such services would result in a fundamentally unfair trial, the court shall order the appointment of a qualified expert. The clerk of the court shall provide a copy of the appointment order to the defendant or his attorney and to the appointed expert.

Any expert appointed pursuant to this subsection shall be compensated in accordance with § 19.2-332 . The designated judge shall direct requests for scientific investigations to the Department of Forensic Science or Division of Consolidated Laboratory Services whenever practicable.

C. All ex parte hearings conducted under this section shall be initiated by written motion and shall be on the record. Except for the initial declaration of a need for confidentiality and a copy of the appointment order provided to the defendant or his attorney and to the appointed expert in accordance with subsection B, the record of the hearings, together with all papers filed and orders entered in connection with ex parte requests for expert assistance, all payment requests submitted by experts appointed, and the identity of all experts appointed, shall be kept under seal as part of the record of the case and shall not be disclosed. Following a decision on the motion, whether it is granted or denied, the motion, order or orders, and all other papers or information related to the proceedings or expert assistance sought shall remain under seal. On motion of any party, and for good cause shown, the court may unseal the foregoing records after the trial is concluded.

D. All ex parte proceedings, communications, or requests shall be transcribed and made part of the record available for appellate review or any other post-conviction review.

2020, c. 1124 ; 2022, c. 543 .
Va. Code Ann. § 19.2-340.1 — Virginia Code / Title 19.2 / Chapter 21 / Article 1 / Section 19.2-340.1
Disposition of fines in criminal cases
Status: in_force

When a law-enforcement officer of (i) the Department of State Police or (ii) any other division of the state government makes an arrest or issues a summons for a violation of a provision of the Code of Virginia, the person arrested or summoned shall be charged with a violation of that Code provision and shall not be charged with a substantially similar local ordinance. All fines collected upon conviction of any person so arrested or summoned shall be credited to the Literary Fund.

2012, c. 749 .
Va. Code Ann. § 19.2-9.1 — Virginia Code / Title 19.2 / Chapter 1 / Section 19.2-9.1
Written notice required for complaining witness who is requested to take polygraph test
Status: in_force

A. For offenses not specified in subsection B, if a complaining witness is requested to submit to a polygraph examination during the course of a criminal investigation, such witness shall be informed in writing prior to the examination that (i) the examination is voluntary, (ii) the results thereof are inadmissible as evidence and (iii) the agreement of the complaining witness to submit thereto shall not be the sole condition for initiating or continuing the criminal investigation.

B. No law-enforcement officer, attorney for the Commonwealth, or other government official shall ask or require a victim of an alleged sex offense to submit to a polygraph examination or other truth-telling device as a condition for proceeding with the investigation of such an offense. If a victim is requested to submit to a polygraph examination during the course of a criminal investigation, such victim shall be informed in writing of the provisions of subsection A and that the refusal of a victim to submit to such an examination shall not prevent the investigation, charging, or prosecution of the offense.

C. A "sex offense," for the purposes of this section, shall mean any offense set forth in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2.

1994, c. 336 ; 2008, cc. 512 , 748 .
Va. Code Ann. § 19.2-233 — Virginia Code / Title 19.2 / Chapter 14 / Article 4 / Section 19.2-233
How awarded, directed, returnable and executed
Status: in_force

Sections 8.01-292 and 8.01-295 shall apply to process in criminal, as well as in civil cases; and the court may, in the same case against the same person, award at the same time, or different times, several writs of summons or capias directed to officers of different counties or cities. An officer having a capias under which the accused is let to bail shall give a certificate of the fact, which shall protect him against any other capias which may have been issued for the same offense. A summons shall be served by delivering a copy thereof to the party in person and the clerk issuing such summons shall deliver or transmit therewith as many copies thereof as there are persons named therein on whom it is to be served.

Code 1950, § 19.1-179; 1960, c. 366; 1975, c. 495.
Va. Code Ann. § 19.2-204 — Virginia Code / Title 19.2 / Chapter 13 / Article 2 / Section 19.2-204
Penalties on officers and jurors for failure of duty
Status: in_force

A court whose officer fails without good cause, when it is his duty, to summon a grand jury and return a list of its names shall fine him twenty dollars. A person summoned and failing to attend a court as a grand juror shall be fined by the court not less than five dollars nor more than twenty dollars, unless, after being summoned to show cause against the fine, he gives a reasonable excuse for his failure.

Code 1950, § 19.1-159; 1960, c. 366; 1975, c. 495.
Va. Code Ann. § 19.2-163.4:1 — Virginia Code / Title 19.2 / Chapter 10 / Article 4 / Section 19.2-163.4:1
Repayment of representation costs by convicted persons
Status: in_force

In any case in which an attorney from a public defender office represents an indigent person charged with an offense and such person is convicted, the sum that would have been allowed a court-appointed attorney as compensation and as reasonable expenses shall be taxed against the person defended as a part of the costs of the prosecution, and, if collected, shall be paid to the Commonwealth or, if payment was made to the Commonwealth by a locality for defense of a local ordinance violation, to the appropriate county, city or town. An abstract of such costs shall be docketed in the judgment lien docket and execution book of the court.

2004, cc. 884 , 921 ; 2021, Sp. Sess. I, cc. 344 , 345 .
Va. Code Ann. § 19.2-268.3 — Virginia Code / Title 19.2 / Chapter 16 / Article 1 / Section 19.2-268.3
Admissibility of statements by children in certain cases
Status: in_force

A. As used in this section, "offense against children" means a violation or an attempt to violate § 18.2-31 , 18.2-32 , or 18.2-35 , subsection A of § 18.2-47 , § 18.2-48 , 18.2-51 , 18.2-51.2 , 18.2-51.6 , 18.2-52 , 18.2-54.1 , 18.2-54.2 , 18.2-61 , 18.2-67.1 , 18.2-67.2 , or 18.2-67.3 , § 18.2-346.01 if punishable as a felony, § 18.2-355 , 18.2-356 , 18.2-357 , or 18.2-357.1 , subsection B of § 18.2-361 , subsection B of § 18.2-366 , § 18.2-370 , 18.2-370.1 , 18.2-371.1 , 18.2-374.1 , 18.2-374.1:1 , 18.2-374.3 , or 18.2-374.4 , § 18.2-386.1 if punishable as a felony, or § 40.1-103 .

B. An out-of-court statement made by a child who is under 13 years of age at the time of trial or hearing who is the alleged victim of an offense against children describing any act directed against the child relating to such alleged offense shall not be excluded as hearsay under Rule 2:802 of the Rules of Supreme Court of Virginia if both of the following apply:

1. The court finds, in a hearing conducted prior to a trial, that the time, content, and totality of circumstances surrounding the statement provide sufficient indicia of reliability so as to render it inherently trustworthy. In determining such trustworthiness, the court may consider, among other things, the following factors:

a. The child's personal knowledge of the event;

b. The age, maturity, and mental state of the child;

c. The credibility of the person testifying about the statement;

d. Any apparent motive the child may have to falsify or distort the event, including bias or coercion;

e. Whether the child was suffering pain or distress when making the statement; and

f. Whether extrinsic evidence exists to show the defendant's opportunity to commit the act; and

2. The child:

a. Testifies; or

b. Is declared by the court to be unavailable as a witness; when the child has been declared unavailable, such statement may be admitted pursuant to this section only if there is corroborative evidence of the act relating to an alleged offense against children.

C. At least 14 days prior to the commencement of the proceeding in which a statement will be offered as evidence, the party intending to offer the statement shall notify the opposing party, in writing, of the intent to offer the statement and shall provide or make available copies of the statement to be introduced.

D. This section shall not be construed to limit the admission of any statement offered under any other hearsay exception or applicable rule of evidence.

2016, cc. 542 , 553 ; 2021, Sp. Sess. I, c. 188 .
Va. Code Ann. § 19.2-262.1 — Virginia Code / Title 19.2 / Chapter 15 / Article 4 / Section 19.2-262.1
Joinder of defendants
Status: in_force

On motion of the Commonwealth, for good cause shown, the court shall order persons charged with participating in contemporaneous and related acts or occurrences or in a series of acts or occurrences constituting an offense or offenses, to be tried jointly unless such joint trial would constitute prejudice to a defendant. If the court finds that a joint trial would constitute prejudice to a defendant, the court shall order severance as to that defendant or provide such other relief justice requires.

1993, cc. 462, 489; 1997, c. 518 .
Va. Code Ann. § 19.2-218.1 — Virginia Code / Title 19.2 / Chapter 14 / Article 1 / Section 19.2-218.1
Preliminary hearings involving certain sexual crimes against spouses
Status: in_force

A. In any preliminary hearing of a charge for a violation under § 18.2-61 , 18.2-67.1 , or 18.2-67.2 where the complaining witness is the spouse of the accused, upon a finding of probable cause the court may request that its court services unit, in consultation with any appropriate social services organization, local community services board, or other community mental health services organization, prepare a report analyzing the feasibility of providing counseling or other forms of therapy for the accused and the probability such treatment will be successful. Based upon this report and any other relevant evidence, the court may, with the consent of the accused, the complaining witness and the attorney for the Commonwealth in any case involving a violation of § 18.2-61 , 18.2-67.1 , or 18.2-67.2 , authorize the accused to submit to and complete a designated course of counseling or therapy. In such case, the hearing shall be adjourned until such time as counseling or therapy is completed or terminated. Upon the completion of counseling or therapy by the accused and after consideration of a final evaluation to be furnished to the court by the person responsible for conducting such counseling or therapy and such further report of the court services unit as the court may require, and after consideration of the views of the complaining witness, the court, in its discretion, may discharge the accused if the court finds such action will promote maintenance of the family unit and be in the best interest of the complaining witness.

B. No statement or disclosure by the accused concerning the alleged offense made during counseling or any other form of therapy ordered pursuant to this section or § 18.2-61 , 18.2-67.1 , 18.2-67.2 , or 19.2-218.2 may be used against the accused in any trial as evidence, nor shall any evidence against the accused be admitted which was discovered through such statement or disclosure.

1986, c. 516; 2005, c. 631 ; 2012, cc. 476 , 507 .
Va. Code Ann. § 19.2-386.30 — Virginia Code / Title 19.2 / Chapter 22.2 / Section 19.2-386.30
Forfeiture of money, gambling devices, etc., seized from illegal gambling enterprise; innocent owners or lienors
Status: in_force

All money, gambling devices, office equipment and other personal property used in connection with an illegal gambling enterprise or activity, and all money, stakes and things of value received or proposed to be received by a winner in any illegal gambling transaction, which are lawfully seized by any law-enforcement officer or which shall lawfully come into his custody, shall be forfeited to the Commonwealth in accordance with the procedures contained in Chapter 22.1 (§ 19.2-386.1 et seq.).

Code 1950, §§ 18.1-321, 18.1-323, 18.1-333, 18.1-341; 1960, c. 358; 1975, cc. 14, 15, 576, § 18.2-336; 2004, c. 995 ; 2012, cc. 283 , 756 .
Va. Code Ann. § 19.2-264.6 — Virginia Code / Title 19.2 / Chapter 15 / Article 4.2 / Section 19.2-264.6
through 19.2-264.14
Status: in_force

Not effective pursuant to Acts 2020, c. 1167, cl. 3.

2020, c. 1167 .
Va. Code Ann. § 19.2-390.02 — Virginia Code / Title 19.2 / Chapter 23 / Section 19.2-390.02
Policies and procedures for law enforcement to conduct in-person and photo lineups
Status: in_force

The Department of State Police and each local police department and sheriff's office shall establish a written policy and procedure for conducting in-person and photographic lineups.

2005, cc. 187 , 229 .
Va. Code Ann. § 19.2-164.1 — Virginia Code / Title 19.2 / Chapter 10 / Article 5 / Section 19.2-164.1
Interpreters for the deaf (Supreme Court Rule 2:507 derived in part from this section)
Status: in_force

In any criminal case in which a deaf person is the accused, an interpreter for the deaf person shall be appointed. In any criminal case in which a deaf person is the victim or a witness, an interpreter for the deaf person shall be appointed by the court in which the case is to be heard unless the court finds that the deaf person does not require the services of a court-appointed interpreter and the deaf person waives his rights. Such interpreter shall be procured by the judge of the court in which the case is to be heard through the Department for the Deaf and Hard-of-Hearing.

The compensation of an interpreter appointed by the court pursuant to this section shall be fixed by the court and paid from the general fund of the state treasury as part of the expense of trial. Such fee shall not be assessed as part of the costs; if the Department cannot procure such services, then the court may appoint a readily available interpreter with full certification from the Registry of Interpreters for the Deaf, Inc., or an equivalent national certification. Such court-appointed interpreter's qualifications are subject to review and approval by the Department for the Deaf and Hard-of-Hearing.

Any person entitled to the services of an interpreter under this section may waive these services for all or a portion of the proceedings. Such a waiver shall be made by the person upon the record after an opportunity to consult with legal counsel. A judicial officer, utilizing an interpreter obtained in accordance with this section, shall explain to the deaf person the nature and effect of any waiver. Any waiver shall be approved in writing by the deaf person's legal counsel. If the person does not have legal counsel, approval shall be made in writing by a judicial officer. A person who waives his right to an interpreter may provide his own interpreter at his own expense without regard to whether the interpreter is qualified under this section.

The provisions of this section shall apply in both circuit courts and district courts.

Whenever a person communicates through an interpreter to any person under such circumstances that the communication would be privileged, and such person could not be compelled to testify as to the communications, this privilege shall also apply to the interpreter.

In any judicial proceeding, the judge on his own motion or on the motion of a party to the proceeding may order all of the testimony of a deaf person and the interpretation thereof to be visually electronically recorded for use in verification of the official transcript of the proceedings.

1982, c. 444; 1985, c. 396; 1995, c. 546 ; 1996, c. 402 ; 2023, cc. 415 , 416 .
Va. Code Ann. § 19.2-11.10 — Virginia Code / Title 19.2 / Chapter 1.2 / Section 19.2-11.10
Expungement of DNA profile
Status: in_force

If the Department receives written confirmation from a law-enforcement agency or attorney for the Commonwealth that a DNA profile that has been uploaded pursuant to this chapter into any local, state, or national DNA data bank was determined not to be connected to a criminal offense or that the DNA profile is of an individual who is not the putative perpetrator, the Department shall expunge the DNA profile from the DNA data bank.

The detention, arrest, or conviction of a person based upon a data bank match or data bank information is not invalidated if it is determined that the sample was obtained, placed, or retained in the data bank in good faith pursuant to this chapter, and evidence based upon or derived from the DNA record shall not be excluded by a court.

2016, cc. 332 , 698 .
Va. Code Ann. § 19.2-109 — Virginia Code / Title 19.2 / Chapter 8 / Article 2 / Section 19.2-109
Application for requisition for return of person charged with crime
Status: in_force

When the return to this Commonwealth of a person charged with crime in this Commonwealth is required, the attorney for the Commonwealth shall present to the Governor his written application for a requisition for the return of the person charged, in which application shall be stated the name of the person so charged, the crime charged against him, the approximate time, place and circumstances of its commission, the state in which he is believed to be, including the location of the accused therein at the time the application is made, and certifying that, in the opinion of the attorney for the Commonwealth, the ends of justice require the arrest and return of the accused to this Commonwealth for trial and that the proceeding is not instituted to enforce a private claim.

Code 1950, § 19.1-73; 1960, c. 366; 1975, c. 495.
Va. Code Ann. § 19.2-136 — Virginia Code / Title 19.2 / Chapter 9 / Article 2 / Section 19.2-136
How bonds in recognizances payable; penalty
Status: in_force

Bonds in recognizances in criminal or juvenile cases shall be payable to the county or city in which the case is prosecuted. The treasurer or director of finance of such locality may engage in collection activity regarding the judgment of default rendered pursuant to § 19.2-143 . Any responses to the judgment of default rendered pursuant to § 19.2-143 shall be filed with the court, with notice given to such locality. Every bond under this title shall be in such sum as the court or officer requiring it may direct.

Code 1950, § 19.1-127; 1960, c. 366; 1973, c. 485; 1975, c. 495; 1978, c. 755; 1991, c. 581; 2011, c. 802 ; 2012, c. 408 .
Va. Code Ann. § 19.2-144 — Virginia Code / Title 19.2 / Chapter 9 / Article 2 / Section 19.2-144
Forfeiture of recognizance while in military or naval service
Status: in_force

If in any motion, action, suit or other proceeding made or taken in any court of this Commonwealth on a forfeited bail bond or forfeited recognizance, or to enforce the payment of the bond in any manner or any judgment thereon, or to forfeit any bail bond or recognizance, it appears that the person for whose alleged default such bail bond or recognizance was forfeited or judgment rendered, or such motion is made or proceeding taken, was prevented from complying with the condition of such bail bond or recognizance by reason of his having enlisted or been drafted in the army or navy of the United States, then judgment or decree on such motion, action, suit or other proceeding shall be given for the defendant.

Code 1950, § 19.1-139; 1960, c. 366; 1975, c. 495; 1991, c. 581.
Va. Code Ann. § 19.2-196 — Virginia Code / Title 19.2 / Chapter 13 / Article 2 / Section 19.2-196
How deficiency of jurors supplied
Status: in_force

If a sufficient number of grand jurors do not appear, the court may order the deficiency to be supplied from the bystanders or from a list furnished by the judge to the sheriff or sergeant.

Code 1950, § 19.1-151; 1960, c. 366; 1975, c. 495.
Va. Code Ann. § 19.2-12 — Virginia Code / Title 19.2 / Chapter 2 / Article 1 / Section 19.2-12
Who are conservators of the peace
Status: in_force

Every judge and attorney for the Commonwealth throughout the Commonwealth and every magistrate within the geographical area for which he is appointed or elected shall be a conservator of the peace. In addition, every commissioner in chancery, while sitting as such commissioner; any special agent or law-enforcement officer of the U.S. Department of Justice, National Marine Fisheries Service of the U.S. Department of Commerce, U.S. Department of the Treasury, U.S. Department of Agriculture, U.S. Department of Defense, U.S. Department of State, Office of the Inspector General of the U.S. Department of Transportation, U.S. Department of Homeland Security, and U.S. Department of the Interior; any inspector, law-enforcement official, or police personnel of the United States Postal Service; any United States marshal or deputy United States marshal whose duties involve the enforcement of the criminal laws of the United States; any officer of the Virginia Marine Police; any criminal investigator of the Department of Professional and Occupational Regulation who meets the minimum law-enforcement training requirements established by the Department of Criminal Justice Services for in-service training; any criminal investigator of the U.S. Department of Labor; any special agent of the United States Naval Criminal Investigative Service, United States Army Criminal Investigation Division, or United States Air Force Office of Special Investigations; any special agent of the National Aeronautics and Space Administration; any sworn municipal park ranger who has completed all requirements under § 15.2-1706 ; and any investigator employed by an attorney for the Commonwealth who within 10 years immediately prior to being employed by the attorney for the Commonwealth was an active law-enforcement officer as defined in § 9.1-101 in the Commonwealth and retired or resigned from his position as a law-enforcement officer in good standing shall be a conservator of the peace while engaged in the performance of his official duties.

Code 1950, § 19.1-20; 1960, c. 366; 1968, c. 639; 1972, c. 549; 1975, c. 495; 1978, c. 697; 1981, cc. 572, 587; 1990, c. 558; 1991, cc. 74, 338; 1994, cc. 375 , 569 , 626 ; 1997, c. 34 ; 2001, cc. 3 , 31 ; 2002, cc. 86 , 605 , 789 ; 2004, c. 1009 ; 2005, c. 372 ; 2006, c. 88 ; 2007, c. 224 ; 2015, cc. 75 , 126 ; 2017, c. 674 ; 2023, cc. 107 , 108 .
Va. Code Ann. § 19.2-392.2:1 — Virginia Code / Title 19.2 / Chapter 23.1 / Section 19.2-392.2:1
Repealed
Status: repealed

Repealed by Acts 2023, cc. 554 , 555 , cl. 2.
Va. Code Ann. § 19.2-271.5 — Virginia Code / Title 19.2 / Chapter 16 / Article 1 / Section 19.2-271.5
Protected information; newspersons engaged in journalism
Status: in_force

A. As used in this section, unless the context requires a different meaning:

"Journalism" means the gathering, preparing, collecting, photographing, recording, writing, editing, reporting, or publishing of news or information that concerns local, national, or international events or other matters of public interest for dissemination to the public.

"News organization" means any (i) newspaper or magazine issued at regular intervals and having a general circulation; (ii) recognized press association or wire service; (iii) licensed radio or television station that engages in journalism; or (iv) business that, by means of photographic or electronic media, engages in journalism and employs an editor overseeing the journalism function that follows commonly accepted journalistic practice as evidenced by (a) membership in a state-based journalism organization, including the Virginia Press Association and the Virginia Association of Broadcasters; (b) membership in a national journalism organization, including the National Press Club, the Society of Professional Journalists, and the Online News Association; (c) membership in a statewide or national wire news service, including the Capital News Service, The Associated Press, and Reuters; or (d) its continuous operation since 1994 or earlier.

"Newsperson" means any person who, for a substantial portion of his livelihood or for substantial financial gain, engages in journalism for a news organization. "Newsperson" includes any person supervising or assisting another person in engaging in journalism for a news organization.

"Protected information" means information identifying a source who provided information to a newsperson under a promise or agreement of confidentiality made by a news organization or newsperson while such news organization or newsperson was engaging in journalism.

B. Except as provided in subsection C, no newsperson in any administrative, civil, or criminal proceeding shall be compelled by the Commonwealth or a locality or, in the case of a civil proceeding, a party to such proceeding to testify about, disclose, or produce protected information. Any protected information obtained in violation of this subsection is inadmissible for any purpose in an administrative, civil, or criminal proceeding.

C. A court may compel a newsperson to testify about, disclose, or produce protected information only if the court finds, after notice and an opportunity to be heard by such newsperson, that:

1. The protected information is necessary to the proof of an issue material to an administrative, civil, or criminal proceeding;

2. The protected information is not obtainable from any alternative source;

3. The Commonwealth or locality or, in the case of a civil proceeding, a party to such proceeding exhausted all reasonable methods for obtaining the protected information from all relevant alternative sources, if applicable; and

4. There is an overriding public interest in the disclosure of the protected information, including preventing the imminent threat of bodily harm to or death of a person or ending actual bodily harm being inflicted upon a person.

D. The publication by a news organization or the dissemination by a newsperson of protected information obtained while engaging in journalism shall not constitute a waiver of the protection from compelled testimony, disclosure, and production provided by subsection B.

2020, c. 650 ; 2024, c. 589 .
Va. Code Ann. § 19.2-265.6 — Virginia Code / Title 19.2 / Chapter 15 / Article 5 / Section 19.2-265.6
Dismissal of criminal charges on Commonwealth's motion; effect of dismissal of criminal charges
Status: in_force

A. Upon motion of the Commonwealth to dismiss a charge, whether with or without prejudice, and with the consent of the defendant, a court shall grant the motion unless the court finds by clear and convincing evidence that the motion was made as the result of (i) bribery or (ii) bias or prejudice toward a victim as defined in § 19.2-11.01 because of the race, religious conviction, gender, disability, gender identity, sexual orientation, color, or national origin of the victim.

B. No dismissal of any criminal charge by a court shall bar subsequent prosecution of the charge unless jeopardy attached at the earlier proceeding or unless the dismissal order explicitly states that the dismissal is with prejudice.

2007, c. 419 ; 2020, Sp. Sess. I, cc. 20 , 21 .
Va. Code Ann. § 19.2-340 — Virginia Code / Title 19.2 / Chapter 21 / Article 1 / Section 19.2-340
(Effective until January 1, 2027) Fines; how recovered; in what name
Status: in_force

When any statute or ordinance prescribes a fine, unless it is otherwise expressly provided or would be inconsistent with the manifest intention of the General Assembly, it shall be paid to the Commonwealth if prescribed by a statute and recoverable by presentment, indictment, information, or warrant and paid to the locality if prescribed by an ordinance and recoverable by warrant. Whenever any warrant or summons is issued pursuant to § 19.2-72 or 19.2-74 for an offense in violation of any county, city, or town ordinance that is similar to any provision of this Code, and such warrant or summons references the offense using both the citation corresponding to the county, city, or town ordinance and the specific provision of this Code, any fine prescribed by the county, city, or town ordinance shall be paid to the locality. Fines imposed and costs taxed in a criminal or traffic prosecution, including a prosecution for a violation of an ordinance adopted pursuant to § 46.2-1220 , for committing an offense shall constitute a judgment and, if not paid at the time they are imposed, execution may issue thereon in the same manner as upon any other monetary judgment, subject to the period of limitations provided by § 19.2-341 .

Code 1950, § 19.1-324; 1960, c. 366; 1975, c. 495; 1995, c. 438 ; 2021, Sp. Sess. I, cc. 524 , 542 .
Va. Code Ann. § 19.2-11 — Virginia Code / Title 19.2 / Chapter 1 / Section 19.2-11
Procedure in contempt cases
Status: in_force

No court or judge shall impose a fine upon a juror, witness or other person for disobedience of its process or any contempt, unless he either be present in court at the time, or shall have been served with a rule, returnable to a certain time, requiring him to show cause why the fine should not be imposed and shall have failed to appear and show cause.

Code 1950, § 19.1-16; 1960, c. 366; 1968, c. 639; 1975, c. 495.
Va. Code Ann. § 19.2-43.1 — Virginia Code / Title 19.2 / Chapter 3 / Article 4 / Section 19.2-43.1
Complaint forms; availability in courthouses
Status: in_force

Any standardized form developed and utilized by the Department of Magistrate Services in the Office of the Executive Secretary of the Supreme Court of Virginia for the filing of a complaint against a magistrate shall be made available to the public in paper form in every clerk's office in all state courts of the Commonwealth. In all such courts, a sign shall be posted in a location accessible to the public that notes the availability and location of such paper forms in the clerk's office.

2026, c. 113 .
Va. Code Ann. § 19.2-80 — Virginia Code / Title 19.2 / Chapter 7 / Section 19.2-80
Duty of arresting officer; bail
Status: in_force

In any case in which an officer does not issue a summons pursuant to § 19.2-74 or § 46.2-936 , a law-enforcement officer making an arrest under a warrant or capias shall bring the arrested person without unnecessary delay before a judicial officer. The judicial officer shall immediately conduct a bail hearing and either admit the accused to bail or commit him to jail. However, if (i) the accused is charged with a misdemeanor and is brought before a judge of the court having jurisdiction to try the case and (ii) both the accused and the Commonwealth consent, the judge may proceed to trial instead of conducting a bail hearing.

Code 1950, § 19.1-98; 1960, c. 366; 1975, c. 495; 1979, c. 679; 1986, c. 327; 1997, c. 10 .
Va. Code Ann. § 19.2-332 — Virginia Code / Title 19.2 / Chapter 20 / Section 19.2-332
Compensation to officer or other person for services not otherwise compensable
Status: in_force

Whenever in a criminal case an officer or other person renders any service required by law for which no specific compensation is provided, or whenever any other service has been rendered pursuant to the request or prior approval of the court, the court shall allow therefor such sum as it deems reasonable, including mileage at a rate provided by law, and such allowance shall be paid out of the state treasury from the appropriation for criminal charges on the certificate of the court stating the nature of the service. This section shall not prevent any payment under § 2.2-816 , which could have been made if this section had not been enacted.

This section shall not be construed to authorize the payment of any additional compensation to an officer or other employee of the Commonwealth who is compensated for his services exclusively by salary unless it be otherwise expressly provided by law.

Code 1950, § 19.1-315; 1960, c. 366; 1972, c. 719; 1975, c. 495.
Va. Code Ann. § 19.2-299.3 — Virginia Code / Title 19.2 / Chapter 18 / Article 1 / Section 19.2-299.3
Report of arrest and conviction of school employees by probation and parole officers for certain offenses
Status: in_force

A. Any probation and parole officer who is supervising a person employed by a local school division in the Commonwealth, upon discovering that such supervised person has been arrested for or convicted of a felony offense or an equivalent offense in another state, shall report such arrest or conviction to the Superintendent of Public Instruction and the division safety official designated pursuant to subsection F of § 22.1-279.8 in the local school division in which such supervised person is employed as soon as practicable.

B. The report required pursuant to subsection A shall be transmitted to the division safety official (i) via certified mail, return receipt requested, to the mailing address identified by the division superintendent pursuant to subsection F of § 22.1-279.8 or (ii) via email to the email address identified by the division superintendent pursuant to subsection F of § 22.1-279.8 . Any certified mail return receipt shall be retained in the case file.

2023, cc. 282 , 283 ; 2025, c. 234 .
Va. Code Ann. § 19.2-310.5 — Virginia Code / Title 19.2 / Chapter 18 / Article 1.1 / Section 19.2-310.5
DNA data bank
Status: in_force

A. It shall be the duty of the Department to receive samples of human biological evidence and to analyze, classify, and file the results of DNA identification characteristics profiles of samples of human biological evidence submitted pursuant to § 19.2-310.2 or 19.2-310.2:1 and to make such information available as provided in this section. The results of an analysis and comparison of evidence submitted to the Department pursuant to § 9.1-1101 to the identification characteristics of human biological evidence so analyzed, classified, and filed shall be made available directly to duly authorized members of federal, state, and local law-enforcement agencies or private police departments that have been designated as criminal justice agencies by the Department of Criminal Justice Services as defined by § 9.1-101 , attorneys for the Commonwealth or attorneys for the United States Department of Justice, or the Office of the Chief Medical Examiner upon request made in furtherance of an official investigation or prosecution of any criminal offense, or to an accused or his attorney pursuant to § 9.1-1104 . The Department shall confirm whether or not there is a DNA profile on file for a specific individual if a federal, state, or local law-enforcement officer or any federal, state, or local criminal justice agency that participates in the National DNA Index System requests that information in furtherance of an official investigation of any criminal offense. For law-enforcement identification purposes, the Department shall provide to any federal, state, or local criminal justice agency that participates in the National DNA Index System the personally identifiable information for any confirmed candidate match associated with a DNA data bank record. The name of the requestor and the purpose for which the information is requested shall be maintained on file with the Department.

B. The Department shall adopt regulations governing (i) the methods of obtaining information from the data bank in accordance with this section and (ii) procedures for verification of the identity and authority of the requestor. The Department shall specify the positions in that agency which require regular access to the data bank and samples submitted as a necessary function of the job.

C. The Department shall create a separate statistical database comprised of DNA profiles of samples of human biological evidence of persons whose identity is unknown. Nothing in this section or § 19.2-310.6 shall prohibit the Department from sharing or otherwise disseminating the information in the statistical database with law-enforcement or criminal justice agencies within or without the Commonwealth.

D. The Department may charge a reasonable fee to search and provide a comparative analysis of DNA profiles in the data bank to any authorized law-enforcement agency outside of the Commonwealth.

1990, c. 669; 1998, c. 280 ; 2000, c. 284 ; 2002, cc. 753 , 773 ; 2005, cc. 868 , 881 ; 2010, c. 502 ; 2011, cc. 66 , 171 , 638 ; 2024, c. 210 .
Va. Code Ann. § 19.2-83.7 — Virginia Code / Title 19.2 / Chapter 7.1 / Section 19.2-83.7
Penalties for violations of this chapter
Status: in_force

In addition to any other penalty authorized by law, any law-enforcement officer who knowingly violates the provisions of this chapter shall be subject to disciplinary action, including dismissal, demotion, suspension, or transfer of the law-enforcement officer or decertification as provided in subsection E of § 15.2-1707 .

2020, Sp. Sess. I, cc. 25 , 35 , 37 , 55 ; 2024, c. 494 .
Va. Code Ann. § 19.2-100 — Virginia Code / Title 19.2 / Chapter 8 / Article 2 / Section 19.2-100
Arrest without warrant
Status: in_force

A. The arrest of a person may be lawfully made also by any peace officer or private person without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by imprisonment for a term exceeding one year. But when so arrested the accused shall be taken before a judge, magistrate or other officer authorized to issue criminal warrants in the Commonwealth with all practicable speed and complaint made against him under oath setting forth the ground for the arrest as in § 19.2-99 , and thereafter his answer shall be heard as if he had been arrested on a warrant.

B. The arrest of a person without a warrant is prohibited if the arrest is related to criminal liability that is based on protected health care activity as defined in § 32.1-377.

Code 1950, § 19.1-64; 1960, c. 366; 1975, c. 495; 2021, Sp. Sess. I, cc. 344 , 345 ; 2026, c. 905 .
Va. Code Ann. § 19.2-159.1 — Virginia Code / Title 19.2 / Chapter 10 / Article 3 / Section 19.2-159.1
Interrogation by court; filing; change in circumstances; investigation by attorney for Commonwealth
Status: in_force

A. The court shall thoroughly interrogate any person making the statement of indigency required in § 19.2-159 and shall further advise such person of the penalty which might result from false swearing, as provided in § 19.2-161 .

B. The statement and oath of the defendant shall be filed with the papers in the case, and shall follow and be in effect at all stages of the proceedings against him without further oath. In the event the defendant undergoes a change of circumstances so that he is no longer indigent, the defendant shall thereupon obtain private counsel and shall forthwith advise the court of the change of circumstances. The court shall grant reasonable continuance to allow counsel to be obtained and to prepare for trial. When private counsel has been retained, appointed counsel shall forthwith be relieved of further responsibility and compensated for his services, pro rata, pursuant to § 19.2-163 .

C. Upon the request of the court, it shall be the duty of the attorney for the Commonwealth of the county or city in which such statement and oath was made to make an investigation as to the indigency of the defendant, or of any other person making such statement. The attorney for the Commonwealth is authorized to delegate the responsibility for such investigation to any subordinate in his office, or to any agency, state or local, which possesses the facilities to quickly make such investigation. Such investigation shall be reduced to writing and forwarded to the court in which the statement and oath was made within fourteen days after such request by the court is made. Such report shall be placed with the papers in the case.

Code 1950, § 19.1-241.3:1; 1975, c. 580; 1977, c. 6; 1981, c. 289; 1984, c. 709.
Va. Code Ann. § 19.2-265.5 — Virginia Code / Title 19.2 / Chapter 15 / Article 5 / Section 19.2-265.5
Prosecuting misdemeanor cases without attorney
Status: in_force

Notwithstanding any of the provisions of § 19.2-265.1 , whenever in a misdemeanor case neither an attorney for the Commonwealth nor any other attorney for the prosecution is present, the complaining witness may be allowed to remain in court throughout the entire trial if necessary for the orderly presentation of witnesses for the prosecution.

1987, c. 659.
Va. Code Ann. § 19.2-270.4:1 — Virginia Code / Title 19.2 / Chapter 16 / Article 1 / Section 19.2-270.4:1
Storage, preservation and retention of human biological evidence in felony cases
Status: in_force

A. Notwithstanding any provision of law or rule of court, upon motion of a person convicted of a felony or his attorney of record to the circuit court that entered the judgment for the offense, the court shall order the storage, preservation, and retention of specifically identified human biological evidence or representative samples collected or obtained in the case for a period of up to 15 years from the time of conviction, unless the court determines, in its discretion, that the evidence should be retained for a longer period of time. Upon the filing of such a motion, the defendant may request a hearing for the limited purpose of identifying the human biological evidence or representative samples that are to be stored in accordance with the provisions of this section. Upon the granting of the motion, the court shall order the clerk of the circuit court to transfer all such evidence to the Department of Forensic Science. The Department of Forensic Science shall store, preserve, and retain such evidence. If the evidence is not within the custody of the clerk at the time the order is entered, the court shall order the governmental entity having custody of the evidence to transfer such evidence to the Department of Forensic Science. Upon the entry of an order under this subsection, the court may upon motion or upon good cause shown, with notice to the convicted person, his attorney of record and the attorney for the Commonwealth, modify the original storage order, as it relates to time of storage of the evidence or samples, for a period of time greater than or less than that specified in the original order.

B. Pursuant to standards and guidelines established by the Department of Forensic Science, the order shall state the method of custody, transfer and return of any evidence to insure and protect the Commonwealth's interest in the integrity of the evidence. Pursuant to standards and guidelines established by the Department of Forensic Science, the Department of Forensic Science, local law-enforcement agency or other custodian of the evidence shall take all necessary steps to preserve, store, and retain the evidence and its chain of custody for the period of time specified.

C. In any proceeding under this section, the court, upon a finding that the physical evidence is of such a nature, size or quantity that storage, preservation or retention of all of the evidence is impractical, may order the storage of only representative samples of the evidence. The Department of Forensic Science shall take representative samples, cuttings or swabbings and retain them. The remaining evidence shall be handled according to § 19.2-270.4 or as otherwise provided for in the Code.

D. An action under this section or the performance of any attorney representing the petitioner under this section shall not form the basis for relief in any habeas corpus or appellate proceeding. Nothing in this section shall create any cause of action for damages against the Commonwealth, or any of its political subdivisions or officers, employees or agents of the Commonwealth or its political subdivisions.

2001, cc. 873 , 874 , 875 ; 2002, c. 832 ; 2005, cc. 868 , 881 ; 2021, Sp. Sess. I, cc. 344 , 345 .
Va. Code Ann. § 19.2-386.10 — Virginia Code / Title 19.2 / Chapter 22.1 / Section 19.2-386.10
Forfeiture; default judgment; remission; trial
Status: in_force

A. A party defendant who fails to appear as provided in § 19.2-386.9 shall be in default. The forfeiture shall be deemed established as to the interest of any party in default upon entry of judgment as provided in § 19.2-386.11 . Within 21 days after entry of judgment, any party defendant against whom judgment has been so entered may petition the Department of Criminal Justice Services for remission of his interest in the forfeited property. For good cause shown and upon proof by a preponderance of the evidence that the party defendant's interest in the property is exempt under subdivision 2, 3, or 4 of § 19.2-386.8 , the Department of Criminal Justice Services shall grant the petition and direct the state treasury to either (i) remit to the party defendant an amount not exceeding the party defendant's interest in the proceeds of sale of the forfeited property after deducting expenses incurred and payable pursuant to subsection B of § 19.2-386.12 or (ii) convey clear and absolute title to the forfeited property in extinguishment of such interest.

If any party defendant appears in accordance with § 19.2-386.9 , the court shall proceed to trial of the case, unless trial by jury is demanded by the Commonwealth or any party defendant. At trial, the Commonwealth has the burden of proving by clear and convincing evidence that the property is subject to forfeiture under this chapter. Upon such a showing by the Commonwealth, the claimant has the burden of proving by a preponderance of the evidence that the claimant's interest in the property is exempt under subdivision 2, 3, or 4 of § 19.2-386.8 .

B. The information and trial thereon shall be independent of any criminal proceeding against any party or other person for violation of law.

1989, c. 690; 1991, c. 560; 2016, cc. 203 , 423 , 664 ; 2020, c. 1000 .
Va. Code Ann. § 19.2-282 — Virginia Code / Title 19.2 / Chapter 16 / Article 2 / Section 19.2-282
How article cited
Status: in_force

This article may be cited as the "Uniform Act to Secure the Attendance of Witnesses from without a State in Criminal Proceedings."

Code 1950, § 19.1-279; 1960, c. 366; 1975, c. 495.
Va. Code Ann. § 19.2-243 — Virginia Code / Title 19.2 / Chapter 15 / Article 1 / Section 19.2-243
Limitation on prosecution of felony due to lapse of time after finding of probable cause; misdemeanors; exceptions
Status: in_force

Where a district court has found that there is probable cause to believe that an adult has committed a felony, the accused, if he is held continuously in custody thereafter, shall be forever discharged from prosecution for such offense if no trial is commenced in the circuit court within five months from the date such probable cause was found by the district court; and if the accused is not held in custody but has been recognized for his appearance in the circuit court to answer for such offense, he shall be forever discharged from prosecution therefor if no trial is commenced in the circuit court within nine months from the date such probable cause was found.

If there was no preliminary hearing in the district court, or if such preliminary hearing was waived by the accused, the commencement of the running of the five-month and nine-month periods, respectively, set forth in this section shall be from the date an indictment or presentment is found against the accused.

If an indictment or presentment is found against the accused but he has not been arrested for the offense charged therein, the five-month and nine-month periods, respectively, shall commence to run from the date of his arrest thereon.

Where a case is before a circuit court on appeal from a conviction of a misdemeanor or traffic infraction in a district court or by certification of a misdemeanor pursuant to § 19.2-190.1 , the accused shall be forever discharged from prosecution for such offense if the trial de novo in the circuit court is not commenced (i) within five months from the date of the conviction or certification if the accused has been held continuously in custody or (ii) within nine months of the date of the conviction or certification if the accused has been recognized for his appearance in the circuit court to answer for such offense.

The provisions of this section shall not apply to such period of time as the failure to try the accused was caused:

1. By evaluations or restoration related to his competency or insanity pursuant to Chapter 11 (§ 19.2-167 et seq.) or by reason of his confinement in a hospital for care and observation;

2. By the witnesses for the Commonwealth being enticed or kept away, or prevented from attending by sickness or accident;

3. By the granting of a separate trial at the request of a person indicted jointly with others for a felony;

4. By continuance granted on the motion of the accused or his counsel, or by concurrence of the accused or his counsel in such a motion by the attorney for the Commonwealth, or by the failure of the accused or his counsel to make a timely objection to such a motion by the attorney for the Commonwealth, or by reason of his escaping from jail or failing to appear according to his recognizance;

5. By continuance ordered pursuant to subsection I or J of § 18.2-472.1 or subsection C or D of § 19.2-187.1 ;

6. By the inability of the jury to agree in their verdict; or

7. By a natural disaster, civil disorder, or act of God.

But the time during the pendency of any appeal in any appellate court shall not be included as applying to the provisions of this section.

For the purposes of this section, an arrest on an indictment or warrant or information or presentment is deemed to have occurred only when such indictment, warrant, information, or presentment or the summons or capias to answer such process is served or executed upon the accused and a trial is deemed commenced at the point when jeopardy would attach or when a plea of guilty or nolo contendere is tendered by the defendant. The lodging of a detainer or its equivalent shall not constitute an arrest under this section.

Code 1950, § 19.1-191; 1960, c. 366; 1974, c. 391; 1975, c. 495; 1984, c. 618; 1988, c. 33; 1993, c. 425; 1995, cc. 37 , 352 ; 2002, c. 743 ; 2005, c. 650 ; 2007, c. 944 ; 2009, Sp. Sess. I, cc. 1 , 4 ; 2025, cc. 81 , 83 , 87 .
Va. Code Ann. § 19.2-368 — Virginia Code / Title 19.2 / Chapter 21 / Article 6 / Section 19.2-368
Course of proceeding when relief asked of the Governor
Status: in_force

Whenever application shall be made to the Governor by or on behalf of any person desiring to be relieved, in whole or in part, of any such fine or penalty, the petition, answer, certificate of facts, and opinion of the court provided for in §§ 19.2-364 , 19.2-365 and 19.2-366 , duly authenticated by the clerk of the court, shall accompany the application, which shall be in writing. In all cases in which the Governor shall remit a fine or penalty he shall issue his order to the clerk of the court by which such fine or penalty was imposed; or if such fine or penalty was imposed by a court not of record, to the clerk of the circuit court of the county or city in which the judge of such court not of record holds office, and such court shall, at its next term, or immediately, if then in session, cause such order to be spread upon the law order book of its court; and the clerk of such court shall immediately, upon the receipt of such order, mark the judgment for such fine or penalty, and costs, or so much thereof as the person may have been relieved of, "remitted by the Governor," upon the Judgment Lien Docket of the court of the county or city in which it may have been recorded. The Governor shall communicate to the General Assembly at each session the particulars of every case of fine or penalty remitted, with his reason for remitting the same.

Code 1950, § 19.1-357; 1960, c. 366; 1975, c. 495.
Va. Code Ann. § 19.2-270.1:1 — Virginia Code / Title 19.2 / Chapter 16 / Article 1 / Section 19.2-270.1:1
Computer and electronic data in obscenity, etc. cases; access to defendant
Status: in_force

When computer data or electronic data, stored in any form, the possession of which is otherwise unlawful, are seized as evidence in a criminal prosecution of any offense involving obscenity or child pornography, neither the original data nor a copy thereof shall be released to the defendant or his counsel, nor shall a court order the release of such evidence to the defendant or his counsel except as provided herein. The defendant and his counsel shall be allowed the reasonable opportunity to review such evidence in accordance with the rules of discovery. Upon a finding that the production of the original data or a copy thereof to counsel or his designee is necessary and material to the defense of the accused, the court may order such production only under terms that restrict access to specifically identified recipients, prohibit any duplication of the data beyond what is reasonably necessary for the purpose of the production, and require the return of the data to the law-enforcement agency maintaining custody or control of the seized data for appropriate disposition.

2006, c. 601 .
Va. Code Ann. § 19.2-188.1 — Virginia Code / Title 19.2 / Chapter 12 / Section 19.2-188.1
(Effective July 1, 2027) Testimony regarding identification of controlled substances.
Status: in_force

A. In any preliminary hearing on a violation of Chapter 11 (§ 4.1-1100 et seq.) of Title 4.1, Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2, or subdivision 6 of § 53.1-203 , any law-enforcement officer shall be permitted to testify as to the results of field tests that have been approved by the Department of Forensic Science pursuant to regulations adopted in accordance with the Administrative Process Act (§ 2.2-4000 et seq.), regarding whether or not any substance the identity of which is at issue in such hearing is a controlled substance or imitation controlled substance, as defined in § 18.2-247 , or marijuana, as defined in § 4.1-600 .

B. In any trial for a violation of § 4.1-1104 or 4.1-1105 , any law-enforcement officer shall be permitted to testify as to the results of any marijuana field test approved as accurate and reliable by the Department of Forensic Science pursuant to regulations adopted in accordance with the Administrative Process Act (§ 2.2-4000 et seq.), regarding whether or not any plant material, the identity of which is at issue, is marijuana provided the defendant has been given written notice of his right to request a full chemical analysis. Such notice shall be on a form approved by the Supreme Court and shall be provided to the defendant prior to trial.

In any case in which the person accused of a violation of § 4.1-1104 or 4.1-1105 , or the attorney of record for the accused, desires a full chemical analysis of the alleged plant material, he may, by motion prior to trial before the court in which the charge is pending, request such a chemical analysis. Upon such motion, the court shall order that the analysis be performed by the Department of Forensic Science in accordance with the provisions of § 9.1-1101 and shall prescribe in its order the method of custody, transfer, and return of evidence submitted for chemical analysis.

1991, c. 477; 1993, c. 33; 2005, cc. 868 , 881 ; 2006, c. 447 ; 2013, c. 60 ; 2020, c. 831 ; 2021, Sp. Sess. I, cc. 550 , 551 ; 2026, Sp. Sess. I, c. 1 .
Va. Code Ann. § 19.2-347 — Virginia Code / Title 19.2 / Chapter 21 / Article 2 / Section 19.2-347
Repealed
Status: repealed

Repealed by Acts 1983, c. 499.
Va. Code Ann. § 19.2-327.2:1 — Virginia Code / Title 19.2 / Chapter 19.2 / Section 19.2-327.2:1
Petition for writ of actual innocence joined by Attorney General; release of prisoner; bond hearing
Status: in_force

The Attorney General may join in a petition for a writ of actual innocence made pursuant to § 19.2-327.2 . When such petition is so joined, the petitioner may file a copy of the petition and attachments thereto and the Attorney General's answer with the circuit court that entered the felony conviction or adjudication of delinquency and move the court for a hearing to consider release of the person on bail pursuant to Chapter 9 (§ 19.2-119 et seq.). Upon hearing and for good cause shown, the court may order the person released from custody subject to the terms and conditions of bail so established, pending a ruling by the Supreme Court on the writ under § 19.2-327.5 .

2015, c. 66 ; 2020, cc. 993 , 994 .
Va. Code Ann. § 19.2-273 — Virginia Code / Title 19.2 / Chapter 16 / Article 2 / Section 19.2-273
Certificate that witness is needed in another state; hearing
Status: in_force

If a judge of a court of record in any state which by its laws has made provisions for commanding persons within that state to attend and testify in this Commonwealth certifies under the seal of such court (i) that there is a criminal prosecution pending in such court or that a grand jury investigation has commenced or is about to commence; (ii) that a person being within this Commonwealth is a material witness in such prosecution or grand jury investigation; (iii) that his presence will be required for a specified number of days; and (iv) that such prosecution or grand jury investigation is not related to protected health care activity as defined in § 32.1-377. Upon presentation of such certificate to any judge of a court of record in the county or city in which such person is, such judge shall fix a time and place for hearing and shall make an order directing the witness to appear at a time and place certain for the hearing.

Code 1950, § 19.1-270; 1960, c. 366; 1975, c. 495; 2026, c. 905 .
Va. Code Ann. § 19.2-121 — Virginia Code / Title 19.2 / Chapter 9 / Article 1 / Section 19.2-121
Fixing terms of bail
Status: in_force

A. If the person is admitted to bail, the terms thereof shall be such as, in the judgment of any official granting or reconsidering the same, will be reasonably fixed to ensure the appearance of the accused and to ensure his good behavior pending trial. The judicial officer shall take into account (i) the nature and circumstances of the offense; (ii) whether a firearm is alleged to have been used in the offense; (iii) the weight of the evidence; (iv) the financial resources of the accused or juvenile and his ability to pay bond; (v) the character of the accused or juvenile including his family ties, employment or involvement in education; (vi) his length of residence in the community; (vii) his record of convictions; (viii) his appearance at court proceedings or flight to avoid prosecution or failure to appear at court proceedings; (ix) whether the person is likely to obstruct or attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure, or intimidate a prospective witness, juror, or victim; and (x) any other information available which the court considers relevant to the determination of whether the accused or juvenile is unlikely to appear for court proceedings.

B. When a magistrate conducts a bail hearing for a person arrested on a warrant or capias for a jailable offense, the magistrate shall describe the information considered under subsection A on a form provided by the Executive Secretary of the Supreme Court and shall transmit the completed form to the circuit court or district court before which the warrant or capias is returnable, and if such jailable offense is an act of violence as defined in § 19.2-297.1 , then such magistrate shall transmit within 24 hours a copy of the completed form to the attorney for the Commonwealth for the jurisdiction where the warrant or capias is returnable. Transmission of such copy to the attorney for the Commonwealth may be by facsimile or other electronic means.

C. In any case where the accused has appeared and otherwise met the conditions of bail, no bond therefor shall be used to satisfy fines and costs unless agreed to by the person who posted such bond.

1975, c. 495; 1978, c. 755; 1980, c. 190; 1991, c. 581; 1992, c. 576; 1993, c. 636; 1999, cc. 829 , 846 ; 2019, c. 176 ; 2022, cc. 47 , 48 .
Va. Code Ann. § 19.2-110 — Virginia Code / Title 19.2 / Chapter 8 / Article 2 / Section 19.2-110
Application for requisition for return of escaped convict, etc
Status: in_force

When the return to this Commonwealth is required of a person who has been convicted of a crime in this Commonwealth and has escaped from confinement or broken the terms of his bail, probation or parole, the attorney for the Commonwealth, of the county or city in which the offense was committed, or the warden of the institution or sheriff of the county or city from which the escape was made, shall present to the Governor a written application for a requisition for the return of such person, in which application shall be stated the name of the person, the crime of which he was convicted, the circumstances of his escape from confinement or of the breach of the terms of his bail, probation or parole and the state in which he is believed to be, including the location of the person therein at the time application is made.

Code 1950, § 19.1-74; 1960, c. 366; 1975, c. 495.
Va. Code Ann. § 19.2-289 — Virginia Code / Title 19.2 / Chapter 17 / Article 1 / Section 19.2-289
Conviction of petit larceny
Status: in_force

In a prosecution for grand larceny, if it be found that the thing stolen is of less value than $1,000, the jury may find the accused guilty of petit larceny.

Code 1950, § 19.1-252; 1960, c. 366; 1966, c. 247; 1975, c. 495; 1981, c. 197; 2018, cc. 764 , 765 ; 2020, cc. 89 , 401 .
Va. Code Ann. § 19.2-220 — Virginia Code / Title 19.2 / Chapter 14 / Article 2 / Section 19.2-220
Contents of indictment in general
Status: in_force

The indictment or information shall be a plain, concise and definite written statement, (1) naming the accused, (2) describing the offense charged, (3) identifying the county, city or town in which the accused committed the offense, and (4) reciting that the accused committed the offense on or about a certain date. In describing the offense, the indictment or information may use the name given to the offense by the common law, or the indictment or information may state so much of the common law or statutory definition of the offense as is sufficient to advise what offense is charged.

1975, c. 495.
Va. Code Ann. § 19.2-386.29 — Virginia Code / Title 19.2 / Chapter 22.2 / Section 19.2-386.29
Forfeiture of certain weapons used in commission of criminal offense
Status: in_force

All pistols, shotguns, rifles, dirks, bowie knives, switchblade knives, ballistic knives, razors, slingshots, brass or metal knucks, blackjacks, stun weapons, and other weapons used by any person in the commission of a criminal offense, shall be forfeited to the Commonwealth by order of the court trying the case. The court shall dispose of such weapons as it deems proper by entry of an order of record. Such disposition may include the destruction of the weapons or, subject to any registration requirements of federal law, sale of the firearms to a licensed dealer in such firearms in accordance with the provisions of Chapter 22.1 (§ 19.2-386.1 et seq.) regarding sale of property forfeited to the Commonwealth.

The court may authorize the seizing law-enforcement agency to use the weapon for a period of time as specified in the order. When the seizing agency ceases to so use the weapon, it shall be disposed of as otherwise provided in this section.

However, upon petition to the court and notice to the attorney for the Commonwealth, the court, upon good cause shown, shall return any such weapon to its lawful owner after conclusion of all relevant proceedings if such owner (i) did not know and had no reason to know of the conduct giving rise to the forfeiture and (ii) is not otherwise prohibited by law from possessing the weapon. The owner shall acknowledge in a sworn affidavit to be filed with the record in the case or cases that he has retaken possession of the weapon involved.

Code 1950, § 18.1-270; 1960, c. 358; 1975, cc. 14, 15, § 18.2-310; 1986, cc. 445, 641; 1988, c. 359; 1990, cc. 556, 944; 2004, c. 995 ; 2007, c. 519 ; 2012, cc. 283 , 756 ; 2020, c. 1000 .
Va. Code Ann. § 19.2-290 — Virginia Code / Title 19.2 / Chapter 17 / Article 1 / Section 19.2-290
Conviction of petit larceny though thing stolen worth $1,000 or more
Status: in_force

In a prosecution for petit larceny, though the thing stolen be of the value of $1,000 or more, the jury may find the accused guilty, and upon a conviction under this section or § 19.2-289 the accused shall be sentenced for petit larceny.

Code 1950, § 19.1-253; 1960, c. 366; 1966, c. 247; 1975, c. 495; 1981, c. 197; 2018, cc. 764 , 765 ; 2020, cc. 89 , 401 .
Va. Code Ann. § 19.2-271.1 — Virginia Code / Title 19.2 / Chapter 16 / Article 1 / Section 19.2-271.1
Competency of spouses to testify
Status: in_force

Persons married to each other shall be competent witnesses to testify for or against each other in criminal cases, except as otherwise provided.

Code 1950, § 8-287; 1977, c. 624; 2020, c. 900 .
Va. Code Ann. § 19.2-386.31 — Virginia Code / Title 19.2 / Chapter 22.2 / Section 19.2-386.31
Seizure and forfeiture of property used in connection with the exploitation and solicitation of children
Status: in_force

All audio and visual equipment, electronic equipment, devices and other personal property used in connection with the possession, production, distribution, publication, sale, possession with intent to distribute or making of child pornography that constitutes a violation of § 18.2-374.1 or 18.2-374.1:1 , or in connection with the solicitation of a person less than 18 years of age that constitutes a violation of § 18.2-374.3 shall be subject to lawful seizure by a law-enforcement officer and shall be subject to forfeiture to the Commonwealth pursuant to Chapter 22.1 (§ 19.2-386.1 et seq.). The Commonwealth shall file an information and notice of seizure in accordance with the procedures in Chapter 22.1 (§ 19.2-386.1 et seq.).

1986, c. 596, § 18.2-374.2; 1999, c. 659 ; 2004, c. 995 ; 2007, cc. 134 , 386 ; 2012, cc. 283 , 756 ; 2020, c. 1000 .
Va. Code Ann. § 19.2-3 — Virginia Code / Title 19.2 / Chapter 1 / Section 19.2-3
Certain notices, recognizances and processes validated
Status: in_force

Any notice given, recognizance taken, or process or writ issued before October 1, 1975, shall be valid although given, taken or to be returned to a day after such date, in like manner as if this title had been effective before the same was given, taken or issued.

1975, c. 495.
Va. Code Ann. § 19.2-160.1 — Virginia Code / Title 19.2 / Chapter 10 / Article 3 / Section 19.2-160.1
Appointment of counsel in Class 1 felony cases or cases involving a felony punishable by a mandatory minimum term of confinement for life
Status: in_force

A. In any case in which an indigent defendant is charged with a Class 1 felony or any felony punishable by a mandatory minimum term of confinement for life in a jurisdiction in which a public defender office is established, the court shall, upon request for the appointment of counsel and in the absence of a conflict, appoint such public defender office to represent the defendant. Upon motion of the attorney from a public defender office, the judge of the circuit court shall appoint a competent, qualified, and experienced attorney from the list maintained by the Indigent Defense Commission pursuant to § 19.2-163.01 to serve as co-counsel.

If the public defender notifies the court of a conflict and withdraws from representation, and the court had appointed one additional counsel to assist the public defender's office, then upon the withdrawal of the public defender's office the court shall appoint one additional competent, qualified, and experienced attorney from the list maintained by the Indigent Defense Commission pursuant to § 19.2-163.01 to serve as co-counsel for the defendant.

B. In any case in which an indigent defendant is charged with a Class 1 felony or any felony punishable by a mandatory minimum term of confinement for life in a jurisdiction in which there is no public defender, upon request for the appointment of counsel, the court shall appoint two competent, qualified, and experienced attorneys from the list maintained by the Indigent Defense Commission pursuant to § 19.2-163.01 to serve as co-counsels for the defendant.

2023, c. 228 ; 2025, c. 170 .
Va. Code Ann. § 19.2-390.03 — Virginia Code / Title 19.2 / Chapter 23 / Section 19.2-390.03
Development and dissemination of model policy on fingerprinting and reports to the Central Criminal Records Exchange
Status: in_force

The Department of State Police shall develop a model policy on the collection of fingerprints and reporting of criminal history record information to the Central Criminal Records Exchange as required by § 19.2-390 . The Department shall disseminate such policy to all law-enforcement agencies within the Commonwealth.

2019, cc. 782 , 783 .
Va. Code Ann. § 19.2-128 — Virginia Code / Title 19.2 / Chapter 9 / Article 1 / Section 19.2-128
Penalties for failure to appear
Status: in_force

A. Whoever, having been released pursuant to this chapter or § 19.2-319 or on a summons pursuant to § 19.2-73 or 19.2-74 , willfully fails to appear before any court or judicial officer as required, shall, after notice to all interested parties, incur a forfeiture of any security that may have been given or pledged for his release, unless one of the parties can show good cause for excusing the absence, or unless the court, in its sound discretion, shall determine that neither the interests of justice nor the power of the court to conduct orderly proceedings will be served by such forfeiture. As used in this subsection, "willfully fails to appear" means intentional conduct for the purpose of avoiding the judicial process. Prior isolated instances of nonappearance, including convictions based on such nonappearance, are not evidence that a failure to appear was willful; however, a prior pattern of recurrent and purposeful conduct to evade prosecution may be considered factors in assessing willfulness. In determining whether a nonappearance was willful, the court shall consider mitigating circumstances, including (i) an illness, an injury, or any other unforeseen medical condition; (ii) unforeseen transportation problems; (iii) an inability to obtain adequate dependent care; and (iv) any affirmative steps taken by a person to communicate or remedy his failure to appear before any court or judicial officer as required.

B. Any person (i) charged with a felony offense or (ii) convicted of a felony offense and execution of sentence is suspended pursuant to § 19.2-319 who willfully fails to appear before any court as required is guilty of a Class 6 felony.

C. Any person (i) charged with a misdemeanor offense or (ii) convicted of a misdemeanor offense and execution of sentence is suspended pursuant to § 19.2-319 who willfully fails to appear before any court as required is guilty of a Class 1 misdemeanor.

D. The provisions of this section shall not apply to any person who is (i) incarcerated in any correctional facility or (ii) (a) detained in any state or federal facility or (b) in the custody of a law-enforcement officer at the time such person is required to appear before any court or judicial officer.

Code 1950, § 19.1-109.7; 1973, c. 485; 1975, c. 495; 1981, c. 382; 1982, c. 271; 1999, c. 821 ; 2024, c. 109 ; 2026, cc. 241 , 242 .
Va. Code Ann. § 19.2-368.13 — Virginia Code / Title 19.2 / Chapter 21.1 / Section 19.2-368.13
Repealed
Status: repealed

Repealed by Acts 1984, c. 619.
Va. Code Ann. § 19.2-310.7 — Virginia Code / Title 19.2 / Chapter 18 / Article 1.1 / Section 19.2-310.7
Expungement when DNA taken for a conviction
Status: in_force

A. A person whose DNA profile has been included in the data bank pursuant to § 19.2-310.2 may request expungement on the grounds that the conviction on which the authority for including his DNA profile was based has been reversed and the case dismissed. Provided that the person's DNA profile is not otherwise required to be included in the data bank pursuant to § 9.1-903 , 16.1-299.1 , 19.2-310.2 , or 19.2-310.2:1 , the Department of Forensic Science shall purge all records and identifiable information in the data bank pertaining to the person and destroy all samples from the person upon receipt of (i) a written request for expungement pursuant to this section and (ii) a certified copy of the court order reversing and dismissing the conviction.

B. Entry of a sealing order pursuant to § 19.2-392.7 , 19.2-392.12 , or 19.2-392.12:1 shall not serve as grounds for expungement of a person's DNA profile or any records in the data bank relating to that DNA profile.

1990, c. 669; 2002, cc. 753 , 773 ; 2005, cc. 868 , 881 ; 2015, cc. 209 , 437 ; 2021, Sp. Sess. I, cc. 524 , 542 ; 2025, cc. 634 , 671 .
Va. Code Ann. § 19.2-32 — Virginia Code / Title 19.2 / Chapter 3 / Article 2 / Section 19.2-32
References to justices of the peace
Status: in_force

References in law to justices of the peace shall be deemed to apply to magistrates unless the provisions of Chapter 3 (§ 19.2-26 et seq.) of this title shall render such reference inapplicable.

Code 1950, § 19.1-380; 1973, c. 545; 1975, c. 495; 2002, c. 310 .
Va. Code Ann. § 19.2-11.02 — Virginia Code / Title 19.2 / Chapter 1.1 / Section 19.2-11.02
Prohibiting inquiry into the immigration status of certain victims or witnesses of crime
Status: in_force

A. No law-enforcement officer, as defined in § 9.1-101 , shall, in connection with the report, investigation, or prosecution of a criminal violation of state or local law, inquire into the immigration status of any person who (i) reports that he is a victim of the crime or is the parent or guardian of a minor victim of the crime or (ii) is a witness in the investigation of the crime or the parent or guardian of a minor witness to the crime.

B. Nothing in this section shall prohibit a law-enforcement officer from inquiring into the immigration status of the parent or guardian of a minor victim if such parent or guardian has been arrested for, has been charged with, or is being investigated for a crime against the minor victim.

C. Nothing in this section shall affect the enforcement or implementation of § 18.2-59 , subdivision 10 of § 18.2-308.09 , or subdivision B 1 of § 18.2-308.2:2 , or prohibit a law-enforcement officer from inquiring into a person's immigration status to enforce or implement such sections.

2020, c. 273 .
Va. Code Ann. § 19.2-327.01 — Virginia Code / Title 19.2 / Chapter 19 / Section 19.2-327.01
Repealed
Status: repealed

Repealed by Acts 2004, c. 337 .
Va. Code Ann. § 19.2-152.11 — Virginia Code / Title 19.2 / Chapter 9.1 / Section 19.2-152.11
Venue for protective orders
Status: in_force

Proceedings in which a protective order is sought pursuant to this chapter shall be commenced where (i) either party has his principal residence; (ii) the act of violence, force, or threat by the respondent against the petitioner occurred; or (iii) a protective order was issued if, at the time the proceeding is commenced, the order is in effect to protect the petitioner or a family or household member of the petitioner.

2012, c. 637 .
Va. Code Ann. § 19.2-76.1 — Virginia Code / Title 19.2 / Chapter 7 / Section 19.2-76.1
Submission of quarterly reports concerning unexecuted felony and misdemeanor warrants and other criminal process; destruction; dismissal
Status: in_force

It shall be the duty of the chief law-enforcement officer of the police department or sheriff's office, whichever is responsible for such service, in each county, town or city of the Commonwealth to submit quarterly reports to the attorney for the Commonwealth for the county, town or city concerning unexecuted felony and misdemeanor arrest warrants, summonses, capiases or other unexecuted criminal processes as hereinafter provided. The reports shall list those existing felony arrest warrants in his possession that have not been executed within seven years of the date of issuance, those misdemeanor arrest warrants, summonses and capiases and other criminal processes in his possession that have not been executed within three years from the date of issuance, and those unexecuted misdemeanor arrest warrants, summonses and capiases in his possession that were issued for a now deceased person, based on mistaken identity or as a result of any other technical or legal error. The reports shall be submitted in writing no later than the tenth day of April, July, October, and January of each year, together with the unexecuted felony and misdemeanor warrants, or other unexecuted criminal processes listed therein. Upon receipt of the report and the warrants listed therein, the attorney for the Commonwealth shall petition the circuit court of the county or city for the destruction of such unexecuted felony and misdemeanor warrants, summonses, capiases or other unexecuted criminal processes. The attorney for the Commonwealth may petition that certain of the unexecuted warrants, summonses, capiases and other unexecuted criminal processes not be destroyed based upon justifiable continuing, active investigation of the cases. The circuit court shall order the destruction of each such unexecuted felony warrant and each unexecuted misdemeanor warrant, summons, capias and other criminal process except (i) any warrant that charges aggravated murder and (ii) any unexecuted criminal process whose preservation is deemed justifiable by the court. No arrest shall be made under the authority of any warrant or other process which has been ordered destroyed pursuant to this section. Nothing in this section shall be construed to relate to or affect the time within which a prosecution for a felony or a misdemeanor shall be commenced.

Notwithstanding the foregoing, an attorney for the Commonwealth may at any time move for the dismissal and destruction of any unexecuted warrant or summons issued by a magistrate upon presentation of such warrant or summons to the court in which the warrant or summons would otherwise be returnable. The court shall not order the dismissal and destruction of any warrant that charges aggravated murder and shall not order the dismissal and destruction of an unexecuted criminal process whose preservation is deemed justifiable by the court. Dismissal of such a warrant or summons shall be without prejudice.

As used herein, the term "chief law-enforcement officer" refers to the chiefs of police of cities, counties and towns and sheriffs of cities and counties, unless a political subdivision has otherwise designated its chief law-enforcement officer by appropriate resolution or ordinance, in which case the local designation shall be controlling.

1976, c. 252; 1979, c. 34; 1982, c. 608; 1985, c. 199; 1990, c. 626; 1991, c. 542; 1993, c. 550; 2003, c. 147 ; 2010, c. 652 ; 2011, cc. 336 , 347 ; 2021, Sp. Sess. I, cc. 344 , 345 .