Va. Code Ann. § 19.2-320 — Virginia Code / Title 19.2 / Chapter 19 / Section 19.2-320
Petitioner for writ of error to comply with Rules of Court
Status: in_force

Any party for whom a writ of error lies may apply therefor by complying with the provisions of the Rules of the Supreme Court of Virginia relative to the appeal of criminal cases to the Court of Appeals, or where an appeal is taken to the Supreme Court, with the Rules of the Supreme Court relative to appeal of criminal cases to the Supreme Court.

Code 1950, § 19.1-284; 1960, c. 366; 1975, c. 495; 1984, c. 703.
Va. Code Ann. § 19.2-152.13 — Virginia Code / Title 19.2 / Chapter 9.2 / Section 19.2-152.13
Emergency substantial risk order
Status: in_force

A. As used in this section:

"Act of violence, force, or threat" means the same as that term is defined in § 19.2-152.7:1 .

"Certified evaluator" means an individual with an educational attainment of a master's or doctoral degree with an associated professional license who (i) is skilled in the assessment and treatment of mental illness; (ii) has completed a training and certification program approved by the Department; (iii) has received a prescreener orientation presentation developed by the Department in consultation with the Virginia Association of Community Services Boards, which shall include information on determining the least restrictive treatment available for the person being evaluated pursuant to subsection G of § 37.2-817.01 .

"Department" means the Department of State Police.

"Designee of the local community services board" means the same as that term is defined in § 37.2-809 .

"Immediate family or household member" means a spouse, former spouse, child, parent, brother, sister, or any other person living in the same household as the respondent.

"Intimate partner" means an individual who, within the previous 12 months, was in a romantic, dating, or sexual relationship with the person as determined by the length, nature, frequency, and type of interaction between the individuals involved in the relationship.

B. Upon the petition of an attorney for the Commonwealth, a law-enforcement officer, licensed professional counselor, licensed clinical social worker, licensed marriage and family therapist, licensed clinical psychologist, licensed clinical psychiatrist, licensed psychiatric nurse practitioner, psychiatric physician assistant, psychiatric clinical nurse specialist, doctor of medicine, doctor of osteopathy, certified evaluator, designee of the local community services board, immediate family or household member, intimate partner, school administrator, or superintendent or superintendent's designee, who may be a representative from the threat assessment team established pursuant to § 22.1-79.4 , of any school in which the person against whom the order is sought is currently enrolled or has been enrolled in the six months preceding the filing of such petition, a judge of a circuit court, general district court, or juvenile and domestic relations district court or a magistrate, upon a finding at an ore tenus hearing that there is probable cause to believe that a person poses a substantial risk of personal injury to himself or others in the near future by such person's possession or acquisition of a firearm, shall issue an ex parte emergency substantial risk order. Such order shall prohibit the person who is subject to the order from purchasing, possessing, or transporting a firearm for the duration of the order. In determining whether probable cause for the issuance of an order exists, the judge or magistrate shall consider any relevant evidence, including, but not limited to:

1. Any recent act of violence, force, or threat by such person directed toward another person, himself, a group of persons, or a location;

2. Any recent act of violence, force, or threat by the subject of the petition toward an animal;

3. Any recent violation of any provision of a protective order issued pursuant to § 16.1-253 , 16.1-253.1 , 16.1-253.4 , 16.1-278.14 , 16.1-279.1 , 19.2-152.8 , or 19.2-152.10 ;

4. Any order entered pursuant to Chapter 8 (§ 37.2-800 et seq.) of Title 37.2;

5. Evidence of recent or ongoing abuse of controlled substances or alcohol; or

6. Evidence of recent acquisition or attempted acquisition of firearms, ammunition, or deadly weapons.

Such information may be alleged by the petitioner in his petition or may be offered through testimony at such hearing by the petitioner or any witnesses he may call to support his position. The order shall contain a statement (i) informing the person who is subject to the order of the requirements and penalties under § 18.2-308.1:6 , including that it is unlawful for such person to purchase, possess, or transport a firearm for the duration of the order and that such person is required to surrender his concealed handgun permit if he possesses such permit, and (ii) advising such person to voluntarily relinquish any firearm within his custody to the law-enforcement agency that serves the order.

C. The petition for an emergency substantial risk order shall be made under oath and shall be supported by an affidavit.

D. Upon receiving credible information that a person poses a substantial risk of personal injury to himself or others in the near future by such person's possession or acquisition of a firearm, law enforcement shall take the proper steps necessary to determine whether grounds exist to file an emergency substantial risk order petition pursuant to this section.

E. Upon service of an emergency substantial risk order, the person who is subject to the order shall be given the opportunity to voluntarily relinquish any firearm in his possession. The law-enforcement agency that executed the emergency substantial risk order shall take custody of all firearms that are voluntarily relinquished by such person. The law-enforcement agency that takes into custody a firearm pursuant to the order shall prepare a written receipt containing the name of the person who is subject to the order and the manufacturer, model, condition, and serial number of the firearm and shall provide a copy thereof to such person. Nothing in this subsection precludes a law-enforcement officer from later obtaining a search warrant for any firearms if the law-enforcement officer has reason to believe that the person who is subject to an emergency substantial risk order has not relinquished all firearms in his possession.

F. An emergency substantial risk order issued pursuant to this section shall expire at 11:59 p.m. on the fourteenth day following issuance of the order. If the expiration occurs on a day that the court for the jurisdiction where the order was issued is not in session, the order shall be extended until 11:59 p.m. on the next day that the court is in session. The person who is subject to the order may at any time file with the court a motion to dissolve the order.

G. An emergency substantial risk order issued pursuant to this section is effective upon personal service on the person who is subject to the order. The order shall be served forthwith after issuance. A copy of the order, petition, and supporting affidavit shall be given to the person who is subject to the order together with a notice informing the person that he has a right to a hearing under § 19.2-152.14 and may be represented by counsel at the hearing. When an emergency substantial risk order is issued against a minor, a copy of the order shall be served on the parent or guardian of such minor at any address where such minor resides, or the local board of social services in the case where such minor is the subject of a dependency or court-approved out-of-home placement.

H. The court or magistrate shall forthwith, but in all cases no later than the end of the business day on which the emergency substantial risk order was issued, enter and transfer electronically to the Virginia Criminal Information Network (VCIN) established and maintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52 the identifying information of the person who is subject to the order provided to the court or magistrate. A copy of an order issued pursuant to this section containing any such identifying information shall be forwarded forthwith to the primary law-enforcement agency responsible for service and entry of the order. Upon receipt of the order by the primary law-enforcement agency, the agency shall forthwith verify and enter any modification as necessary to the identifying information and other appropriate information required by the Department into the VCIN, and the order shall be served forthwith upon the person who is subject to the order. However, if the order is issued by the court, the clerk of the court shall forthwith forward an attested copy of the order containing the identifying information of the person who is subject to the order provided to the court to the primary law-enforcement agency providing service and entry of the order. Upon receipt of the order by the primary law-enforcement agency, the agency shall enter the name of the person subject to the order and other appropriate information required by the Department into the VCIN and the order shall be served forthwith upon the person who is subject to the order. Upon service, the agency making service shall enter the date and time of service and other appropriate information required into the VCIN and make due return to the court. If the order is later dissolved or modified, a copy of the dissolution or modification order shall also be attested and forwarded forthwith to the primary law-enforcement agency responsible for service and entry of the order. Upon receipt of the dissolution or modification order by the primary law-enforcement agency, the agency shall forthwith verify and enter any modification as necessary to the identifying information and other appropriate information required by the Department into the VCIN and the order shall be served forthwith.

I. The law-enforcement agency that serves the emergency substantial risk order shall make due return to the court, which shall be accompanied by a written inventory of all firearms relinquished.

J. Proceedings in which an emergency substantial risk order is sought pursuant to this section shall be commenced where the person who is subject to the order (i) has his principal residence or (ii) has engaged in any conduct upon which the petition for the emergency substantial risk order is based.

K. A proceeding for a substantial risk order shall be a separate civil legal proceeding subject to the same rules as civil proceedings.

L. Notwithstanding the provisions of subsection F, any emergency substantial risk order issued pursuant to this section shall remain in full force and effect pending any appeal.

2020, cc. 887 , 888 ; 2026, cc. 698 , 699 .
Va. Code Ann. § 19.2-152.7 — Virginia Code / Title 19.2 / Chapter 9 / Article 5 / Section 19.2-152.7
Funding; failure to comply
Status: in_force

Counties and cities shall be required to establish a pretrial services agency only to the extent funded by the Commonwealth through the general appropriation act. The Department of Criminal Justice Services shall annually review each agency established under this article to determine compliance with the submitted plan and operating standards. If the Department determines that any agency is not in substantial compliance with the submitted plan or standards, the Department may suspend all or any portion of financial aid made available to the locality for purposes of this article until there is compliance.

The Department shall report annually on or before December 31 to the Governor and the General Assembly on the performance of each pretrial services agency, to include (i) the total amount of funding received by that agency; (ii) the number of investigations conducted by that agency; (iii) the number of defendants placed on pretrial supervision with that agency; (iv) the average daily caseload of that agency; (v) the appearance, public safety, and compliance rates of defendants placed on pretrial supervision with that agency; and (vi) a determination of whether that agency is in substantial compliance with all grant conditions and standards prescribed by the Department pursuant to § 19.2-152.3 . If an agency is not in substantial compliance with all grant conditions and standards prescribed by the Department pursuant to § 19.2-152.3 , that agency and the Department shall develop a plan and identify a timeframe to achieve compliance. A copy of that plan of compliance shall be included in the annual report. The Department shall ensure such report is available to the public.

1994, 2nd Sp. Sess., cc. 1 , 2 ; 2007, c. 133 ; 2018, cc. 180 , 407 .
Va. Code Ann. § 19.2-176 — Virginia Code / Title 19.2 / Chapter 11 / Section 19.2-176
Repealed
Status: repealed

Repealed by Acts 2010, cc. 340 and 406 , cl. 2.
Va. Code Ann. § 19.2-327.5 — Virginia Code / Title 19.2 / Chapter 19.2 / Section 19.2-327.5
Relief under writ
Status: in_force

Upon consideration of the petition, the response by the Commonwealth, previous records of the case, the record of any hearing held under this chapter and the record of any hearings held pursuant to § 19.2-327.1 , and if applicable, any findings certified from the circuit court pursuant to § 19.2-327.4 , the Supreme Court shall either dismiss the petition for failure to state a claim or assert grounds upon which relief shall be granted; or upon a hearing the Court shall (i) dismiss the petition for failure to establish allegations sufficient to justify the issuance of the writ or (ii) only upon a finding by a preponderance of the evidence that the petitioner has proven all of the allegations contained in clauses (iv) through (viii) of subsection A of § 19.2-327.3 , and upon a finding that no rational trier of fact would have found proof of guilt or delinquency beyond a reasonable doubt, grant the writ, and vacate the conviction or adjudication of delinquency, or in the event that the Court finds that no rational trier of fact would have found sufficient evidence beyond a reasonable doubt as to one or more elements of the offense for which the petitioner was convicted or adjudicated delinquent, but the Court finds that there remains in the original trial record evidence sufficient to find the petitioner guilty or delinquent beyond a reasonable doubt of a lesser included offense, the Court shall modify the conviction or adjudication of delinquency accordingly and remand the case to the circuit court for resentencing. The burden of proof in a proceeding brought pursuant to this chapter shall be upon the convicted or delinquent person seeking relief. If a writ vacating a conviction or adjudication of delinquency is granted, the Court shall forward a copy of the writ to the circuit court, where an order of expungement shall be immediately granted.

2001, cc. 873 , 874 ; 2007, cc. 465 , 824 , 883 , 905 ; 2009, cc. 139 , 320 ; 2013, cc. 170 , 180 ; 2020, cc. 993 , 994 .
Va. Code Ann. § 19.2-83.6:2 — Virginia Code / Title 19.2 / Chapter 7.1 / Section 19.2-83.6:2
Prohibition on wearing of facial coverings; penalty
Status: in_force

A. For the purposes of this section:

"Facial covering" means any opaque mask, garment, helmet, headgear, or other item or device whereby a substantial portion of the face is hidden or covered to conceal the identity of the wearer, including a balaclava, tactical mask, gator, ski mask, or other similar face-shielding item or device. "Facial covering" does not include sunglasses or prescription eyewear, provided that such sunglasses or eyewear does not otherwise conceal a substantial portion of the wearer's face.

"Law-enforcement agency" means any agency or department responsible for the prevention and detection of crime and the enforcement of the penal, traffic, or highway laws of the Commonwealth.

"Law-enforcement officer" means (i) the same as that term is defined in § 9.1-101 and (ii) any full-time or part-time employee of a federal law-enforcement agency.

B. Except as provided in subsection C, no law-enforcement officer shall wear a facial covering that conceals, obscures, or otherwise covers his face while such law-enforcement officer is engaged in the performance of his official duties.

C. The provisions of this section shall not apply to the use of the following by a law-enforcement officer when engaged in the performance of his official duties:

1. A translucent face shield or clear mask, provided that such face shield or mask does not conceal the wearer's identity;

2. An N95 medical mask or surgical mask to protect against the transmission of disease or infection;

3. A mask, helmet, or other device necessary to protect against exposure to any toxin, gas, smoke, severe weather conditions that present a threat to health and safety, such as during the period for which a cold weather advisory has been issued for the area by the National Weather Service, or other hazardous or harmful environmental condition, including a respirator or self-contained breathing apparatus;

4. A mask, helmet, or other device necessary for underwater use;

5. A motorcycle helmet, or, when agency policy determines, other facial covering when a law-enforcement officer is utilizing a motorcycle or other vehicle that requires a helmet for safety, provided that the law-enforcement officer lowers or removes such facial covering to expose the law-enforcement officer's face before he engages with another person;

6. Protective eyewear necessary for protection against retinal weapons, including lasers;

7. A facial covering used by any law-enforcement officer assigned to a special weapons and tactics (SWAT) team or other specialized tactical team or unit while engaged in the performance of official SWAT team duties; or

8. A facial covering worn by a law-enforcement officer who is assigned to an undercover, drug, gang, or surveillance unit where the protection of such law-enforcement officer's identity is necessary as determined by the law-enforcement agency overseeing such unit or other responsible law-enforcement agency.

D. (Effective until June 30, 2028) Except as otherwise provided by this section, a law-enforcement officer, while engaged in the performance of his official duties, shall visibly display (i) a badge or insignia bearing such law-enforcement officer's name or other individual identifier unique to that particular law-enforcement officer and (ii) the name of the law-enforcement agency that employs such law-enforcement officer. Any law-enforcement officer engaged in (a) special weapons and tactics (SWAT) teams or other specialized tactical teams or units while engaged in the performance of official SWAT team duties, or (b) undercover, drug, gang, executive protection, or surveillance units where the protection of such law-enforcement officers' identities are necessary, is exempt from the provisions of this subsection.

D. (Effective June 30, 2028) Except as otherwise provided by this section, a law-enforcement officer, while engaged in the performance of his official duties, shall visibly display (i) a badge or insignia bearing such law-enforcement officer's name or other individual identifier unique to that particular law-enforcement officer and (ii) the name of the law-enforcement agency that employs such law-enforcement officer.

E. A law-enforcement officer who violates the provisions of this section is guilty of a Class 1 misdemeanor unless the law-enforcement agency that employs such law-enforcement officer has adopted and established a written policy for the use of facial coverings, using as guidance the model policy established by the Department of Criminal Justice Services under § 9.1-102 .

2026, cc. 1131 , 1132 ; 2026, Sp. Sess. I, c. 1 .
Va. Code Ann. § 19.2-261 — Virginia Code / Title 19.2 / Chapter 15 / Article 4 / Section 19.2-261
Charging grand jury in presence of person selected as juror
Status: in_force

The court shall not charge the grand jury in the presence of any person selected as a juror to try any person indicted by the said grand jury. A violation of this provision shall constitute reversible error in any criminal case tried by a jury composed of one or more such veniremen.

Code 1950, § 8-208.20; 1973, c. 439; 1975, c. 495.
Va. Code Ann. § 19.2-182.10 — Virginia Code / Title 19.2 / Chapter 11.1 / Section 19.2-182.10
Release of person whose conditional release was revoked
Status: in_force

If an acquittee is returned to the custody of the Commissioner for inpatient treatment pursuant to revocation proceedings, and his condition improves to the degree that, within 60 days of resumption of custody following the hearing, the acquittee, in the opinion of hospital staff treating the acquittee and the supervising community services board or behavioral health authority, is an appropriate candidate for conditional release, he may be, with the approval of the court, conditionally released as if revocation had not taken place. If treatment is required for longer than 60 days, the acquittee shall be returned to the custody of the Commissioner for a period of hospitalization and treatment which is governed by the provisions of this chapter applicable to committed acquittees.

1991, c. 427; 1993, c. 295; 2006, cc. 199 , 225 ; 2007, cc. 485 , 565 .
Va. Code Ann. § 19.2-255 — Virginia Code / Title 19.2 / Chapter 15 / Article 3 / Section 19.2-255
Defendant allowed to plead several matters of law or fact
Status: in_force

The defendant in any criminal prosecution may plead as many several matters, whether of law or fact, as he shall think necessary, and he may file pleas in bar at the same time with pleas in abatement, or within a reasonable time thereafter; but the issues on the pleas in abatement shall be first tried.

Code 1950, § 19.1-242; 1960, c. 366; 1975, c. 495.
Va. Code Ann. § 19.2-163.01 — Virginia Code / Title 19.2 / Chapter 10 / Article 3.1 / Section 19.2-163.01
Virginia Indigent Defense Commission established; powers and duties
Status: in_force

A. The Virginia Indigent Defense Commission (hereinafter Indigent Defense Commission or Commission) is established. The Commission shall be supervisory and shall have sole responsibility for the powers, duties, operations, and responsibilities set forth in this section.

The Commission shall have the following powers and duties:

1. To publicize and enforce the qualification standards for attorneys seeking eligibility to serve as court-appointed counsel for indigent defendants pursuant to § 19.2-159 .

2. To develop initial training courses for attorneys who wish to begin serving as court-appointed counsel, and to review and certify legal education courses that satisfy the continuing requirements for attorneys to maintain their eligibility for receiving court appointments.

3. To maintain a list of attorneys admitted to practice law in Virginia who are qualified to serve as court-appointed counsel for indigent defendants based upon the official standards and to disseminate the list by July 1 of each year and updates throughout the year to the Office of the Executive Secretary of the Supreme Court for distribution to the courts. In establishing and updating the list, the Commission shall consider all relevant factors, including but not limited to, the attorney's background, experience, and training and the Commission's assessment of whether the attorney is competent to provide quality legal representation.

4. To establish official standards of practice for court-appointed counsel and public defenders to follow in representing their clients, and guidelines for the removal of an attorney from the official list of those qualified to receive court appointments and to notify the Office of the Executive Secretary of the Supreme Court of any attorney whose name has been removed from the list.

5. To develop initial training courses for public defenders and to review and certify legal education courses that satisfy the continuing requirements for public defenders to maintain their eligibility.

6. To periodically review and report to the Virginia State Crime Commission, the House and Senate Committees for Courts of Justice, the House Committee on Appropriations, and the Senate Committee on Finance and Appropriations on the caseload handled by each public defender office.

7. To maintain all public defender offices established by the General Assembly.

8. To hire and employ and, at its pleasure, remove an executive director, counsel, and such other persons as it deems necessary, and to authorize the executive director to appoint, after prior notice to the Commission, a deputy director, and for each of the above offices a public defender who shall devote his full time to his duties and not engage in the private practice of law.

9. To authorize the public defender to employ such assistants as authorized by the Commission.

10. To authorize the public defender to employ such staff, including secretarial and investigative personnel, as may be necessary to carry out the duties imposed upon the public defender office.

11. To authorize the executive director of the Commission, in consultation with the public defender to secure such office space as needed, to purchase or rent office equipment, to purchase supplies and to incur such expenses as are necessary to carry out the duties imposed upon him.

12. To approve requests for appropriations and receive and expend moneys appropriated by the General Assembly of Virginia, to receive other moneys as they become available to it and expend the same in order to carry out the duties imposed upon it.

13. To require and ensure that each public defender office collects and maintains caseload data and fields in a case management database on an annual basis.

14. To report annually on or before October 1 to the Virginia State Crime Commission, the House and Senate Committees for Courts of Justice, the House Committee on Appropriations, and the Senate Committee on Finance and Appropriations on the state of indigent criminal defense in the Commonwealth, including Virginia's ranking amongst the 50 states in terms of pay allowed for court-appointed counsel appointed pursuant to § 19.2-159 or subdivision C 2 of § 16.1-266 .

B. The Commission shall adopt rules and procedures for the conduct of its business. The Commission may delegate to the executive director or, in the absence of the executive director, the deputy executive director, such powers and duties conferred upon the Commission as it deems appropriate, including powers and duties involving the exercise of discretion. The Commission shall ensure that the executive director complies with all Commission and statutory directives. Such rules and procedures may include the establishment of committees and the delegation of authority to the committees. The Commission shall review and confirm by a vote of the Commission its rules and procedures and any delegation of authority to the executive director at least every three years.

C. The executive director shall, with the approval of the Commission, fix the compensation of each public defender and all other personnel in each public defender office. The executive director shall also exercise and perform such other powers and duties as may be lawfully delegated to him and such powers and duties as may be conferred or imposed upon him by law.

2004, cc. 884 , 921 ; 2005, c. 230 ; 2006, cc. 429 , 501 ; 2007, c. 371 ; 2008, cc. 536 , 815 ; 2010, c. 314 ; 2021, Sp. Sess. I, cc. 344 , 345 .
Va. Code Ann. § 19.2-392.6 — Virginia Code / Title 19.2 / Chapter 23.2 / Section 19.2-392.6
Automatic sealing of offenses resulting in conviction
Status: in_force

A. (Effective until July 1, 2027) If a person was convicted of a violation of any of the following sections with an offense date on or after January 1, 1986, such conviction, including any records relating to such conviction, shall be ordered to be automatically sealed in the manner set forth in § 19.2-392.7 , subject to the provisions of subsections B and C: a misdemeanor violation of § 18.2-96 or 18.2-103 ; § 18.2-119 , 18.2-120 , or 18.2-134 ; a misdemeanor violation of § 18.2-248.1 ; or § 18.2-415 .

A. (Effective July 1, 2027) If a person was convicted of a violation of any of the following sections with an offense date on or after January 1, 1986, such conviction, including any records relating to such conviction, shall be ordered to be automatically sealed in the manner set forth in § 19.2-392.7 , subject to the provisions of subsections B and C: a misdemeanor violation of § 18.2-96 or 18.2-103 ; § 18.2-119 , 18.2-120 , or 18.2-134 ; a misdemeanor violation of former § 18.2-248.1 ; or § 18.2-415 .

B. Subject to the provisions of subsection C, any conviction listed under subsection A shall be ordered to be automatically sealed if seven years have passed since the date of the conviction and the person convicted of such offense has not been convicted of violating any law of the Commonwealth that requires a report to the Central Criminal Records Exchange under subsection A of § 19.2-390 or any other state, the District of Columbia, or the United States or any territory thereof, excluding traffic infractions under Title 46.2, during that time period.

C. No conviction listed under subsection A shall be automatically sealed if, on the date of the conviction, the person was convicted of another offense that is not eligible for automatic sealing under subsection A.

D. This section shall not be construed as prohibiting a person from seeking sealing in the circuit court pursuant to the provisions of § 19.2-392.12 or 19.2-392.12:1 .

2021, Sp. Sess. I, cc. 524 , 542 ; 2023, cc. 554 , 555 ; 2025, cc. 634 , 671 ; 2026, Sp. Sess. I, c. 1 .
Va. Code Ann. § 19.2-284 — Virginia Code / Title 19.2 / Chapter 17 / Article 1 / Section 19.2-284
Proof of ownership in offense relating to property
Status: in_force

In a prosecution for an offense committed upon, relating to or affecting real estate, or for stealing, embezzling, destroying, injuring or fraudulently receiving or concealing any personal estate it shall be sufficient to prove that when the offense was committed the actual or constructive possession, or a general or special property, in the whole or any part of such estate was in the person or entity alleged in the indictment or other accusation to be the owner thereof.

Code 1950, § 19.1-247; 1960, c. 366; 1975, c. 495.
Va. Code Ann. § 19.2-162 — Virginia Code / Title 19.2 / Chapter 10 / Article 3 / Section 19.2-162
Continuances to be granted if necessary
Status: in_force

Courts before which criminal proceedings are pending shall afford such continuances and take such other action as is necessary to comply with the provisions of this chapter.

Code 1950, §§ 19.1-241.4, 19.1-241.10; 1964, c. 657; 1973, c. 316; 1975, c. 495.
Va. Code Ann. § 19.2-392 — Virginia Code / Title 19.2 / Chapter 23 / Section 19.2-392
Fingerprints and photographs by police authorities
Status: in_force

A. All duly constituted police authorities having the power of arrest may take the fingerprints and photographs of: (i) any person arrested by them and charged with a felony or a misdemeanor an arrest for which is to be reported by them to the Central Criminal Records Exchange, (ii) any person who pleads guilty or is found guilty after being summoned in accordance with subsection B of § 19.2-73 or § 19.2-74 , (iii) any person charged with an offense that has been deferred by the court pursuant to §§ 18.2-57.3 , 18.2-251 , or 19.2-303.2 , or (iv) upon the order of a court, any person found in contempt or in violation of the terms or conditions of a suspended sentence or probation for a felony offense pursuant to § 18.2-456 , 19.2-306 , or 53.1-165 . Such authorities shall make such records available to the Central Criminal Records Exchange. Such authorities are authorized to provide, on the request of duly appointed law-enforcement officers, copies of any fingerprint records they may have, and to furnish services and technical advice in connection with the taking, classifying and preserving of fingerprints and fingerprint records.

B. Such police authorities may establish and collect a reasonable fee not to exceed $10 for the first card and $5 for each successive card for the taking of fingerprints when voluntarily requested by any person for purposes other than criminal violations.

Code 1950, § 19.1-19.6; 1968, c. 722; 1975, c. 495; 1978, c. 825; 1985, c. 306; 2005, c. 347 ; 2019, cc. 782 , 783 ; 2020, cc. 91 , 92 , 93 , 189 .
Va. Code Ann. § 19.2-299 — Virginia Code / Title 19.2 / Chapter 18 / Article 1 / Section 19.2-299
Investigations and reports by probation officers in certain cases
Status: in_force

A. When a person is tried in a circuit court (i) upon a charge of assault and battery in violation of § 18.2-57 or 18.2-57.2 , stalking in violation of § 18.2-60.3 , sexual battery in violation of § 18.2-67.4 , attempted sexual battery in violation of § 18.2-67.5 , or driving while intoxicated in violation of § 18.2-266 , and is adjudged guilty of such charge, unless waived by the court and the defendant and the attorney for the Commonwealth, the court may, or on motion of the defendant shall; or (ii) upon a felony charge not set forth in subdivision (iii) below, the court may when there is a plea agreement between the defendant and the Commonwealth and shall, unless waived by the defendant and the attorney for the Commonwealth, when the defendant pleads guilty or nolo contendere without a plea agreement or is found guilty by the court after a plea of not guilty or nolo contendere; or (iii) the court shall when a person is charged and adjudged guilty of a felony violation, or conspiracy to commit or attempt to commit a felony violation, of § 18.2-46.2 , 18.2-46.3 , 18.2-48 , clause (2) or (3) of § 18.2-49 , § 18.2-61 , 18.2-63 , 18.2-64.1 , 18.2-64.2 , 18.2-67.1 , 18.2-67.2 , 18.2-67.3 , 18.2-67.4:1 , 18.2-67.5 , 18.2-67.5:1 , 18.2-355 , 18.2-356 , 18.2-357 , 18.2-361 , 18.2-362 , 18.2-366 , 18.2-368 , 18.2-370 , 18.2-370.1 , or 18.2-370.2 , or any attempt to commit or conspiracy to commit any felony violation of § 18.2-67.5 , 18.2-67.5:2 , or 18.2-67.5:3 , direct a probation officer of such court to thoroughly investigate and report upon the history of the accused, including a report of the accused's criminal record as an adult and available juvenile court records, any information regarding the accused's participation or membership in a criminal street gang as defined in § 18.2-46.1 , and all other relevant facts, to fully advise the court so the court may determine the appropriate sentence to be imposed. Unless the defendant or the attorney for the Commonwealth objects, the court may order that the report contain no more than the defendant's criminal history, any history of substance abuse, any physical or health-related problems as may be pertinent, including any diagnoses of an intellectual or developmental disability as defined in § 37.2-100 , and any applicable sentencing guideline worksheets. This expedited report shall be subject to all the same procedures as all other sentencing reports and sentencing guidelines worksheets. The probation officer, after having furnished a copy of this report at least five days prior to sentencing to counsel for the accused and the attorney for the Commonwealth for their permanent use, shall submit his report in advance of the sentencing hearing to the judge in chambers, who shall keep such report confidential. Counsel for the accused may provide the accused with a copy of the presentence report. The probation officer shall be available to testify from this report in open court in the presence of the accused, who shall have been provided with a copy of the presentence report by his counsel or advised of its contents and be given the right to cross-examine the investigating officer as to any matter contained therein and to present any additional facts bearing upon the matter. The report of the investigating officer shall at all times be kept confidential by each recipient, and shall be filed as a part of the record in the case. Any report so filed shall be made available only by court order and shall be sealed upon final order by the court, except that such reports or copies thereof shall be available at any time to any criminal justice agency, as defined in § 9.1-101 , of this or any other state or of the United States; to any agency where the accused is referred for treatment by the court or by probation and parole services; and to counsel for any person who has been indicted jointly for the same felony as the person subject to the report. Subject to the limitations set forth in § 37.2-901 , any report prepared pursuant to the provisions hereof shall without court order be made available to counsel for the person who is the subject of the report if that person (a) is charged with a felony subsequent to the time of the preparation of the report or (b) has been convicted of the crime or crimes for which the report was prepared and is pursuing a post-conviction remedy. Such report shall be made available for review without a court order to incarcerated persons who are eligible for release by the Virginia Parole Board, or such person's counsel, pursuant to regulations promulgated by the Virginia Parole Board for that purpose. The presentence report shall be in a form prescribed by the Department of Corrections. In all cases where such report is not ordered, a simplified report shall be prepared on a form prescribed by the Department of Corrections. For the purposes of this subsection, information regarding the accused's participation or membership in a criminal street gang may include the characteristics, specific rivalries, common practices, social customs and behavior, terminology, and types of crimes that are likely to be committed by that criminal street gang.

B. As a part of any presentence investigation conducted pursuant to subsection A when the offense for which the defendant was convicted was a felony, the court probation officer shall advise any victim of such offense in writing that he may submit to the Virginia Parole Board a written request (i) to be given the opportunity to submit to the Board a written statement in advance of any parole hearing describing the impact of the offense upon him and his opinion regarding the defendant's release and (ii) to receive copies of such other notifications pertaining to the defendant as the Board may provide pursuant to subsection B of § 53.1-155 .

C. As part of any presentence investigation conducted pursuant to subsection A when the offense for which the defendant was convicted was a felony drug offense set forth in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2, the presentence report shall include any known association of the defendant with illicit drug operations or markets.

D. As a part of any presentence investigation conducted pursuant to subsection A, when the offense for which the defendant was convicted was a felony, not a Class 1 felony, committed on or after January 1, 2000, the defendant shall be required to undergo a substance abuse screening pursuant to § 18.2-251.01 .

Code 1950, § 53-278.1; 1952, c. 233; 1972, c. 516; 1974, c. 121; 1975, cc. 371, 495; 1979, c. 286; 1980, c. 733; 1981, c. 263; 1983, c. 541; 1987, c. 676; 1989, c. 169; 1991, cc. 43, 229; 1992, c. 77; 1993, cc. 466, 492; 1994, 2nd Sp. Sess., cc. 1 , 2 ; 1995, cc. 687 , 778 ; 1997, c. 691 ; 1998, cc. 783 , 840 ; 1999, cc. 891 , 903 , 913 ; 2001, c. 647 ; 2003, cc. 146 , 613 ; 2004, cc. 308 , 459 , 819 ; 2005, cc. 188 , 219 , 631 ; 2006, cc. 99 , 863 , 914 , 916 ; 2010, c. 223 ; 2017, c. 45 ; 2019, c. 107 ; 2021, Sp. Sess. I, cc. 344 , 345 , 523 , 540 .
Va. Code Ann. § 19.2-264.1 — Virginia Code / Title 19.2 / Chapter 15 / Article 4 / Section 19.2-264.1
Views by juries
Status: in_force

The jury in any criminal case may, at the request of either the attorney for the Commonwealth or any defendant, be taken to view the premises or place in question, or any property, matter or thing relating to the case, when it shall appear to the court that such view is necessary to a just decision.

Code 1950, § 8-216; 1977, c. 624.
Va. Code Ann. § 19.2-76 — Virginia Code / Title 19.2 / Chapter 7 / Section 19.2-76
Execution and return of warrant, capias or summons; arrest outside county or city where charge is to be tried
Status: in_force

A law-enforcement officer may execute within his jurisdiction a warrant, capias or summons issued anywhere in the Commonwealth. A jail officer as defined in § 53.1-1 employed at a regional jail or jail farm may execute upon a person being held in his jail a warrant, capias or summons issued anywhere in the Commonwealth. A warrant or capias shall be executed by the arrest of the accused, and a summons shall be executed by delivering a copy to the accused personally.

If the accused is a corporation, partnership, unincorporated association or legal entity other than an individual, a summons may be executed by service on the entity in the same manner as provided in Title 8.01 for service of process on that entity in a civil proceeding. However, if the summons is served on the entity by delivery to a registered agent or to any other agent who is not an officer, director, managing agent or employee of the entity, such agent shall not be personally subject to penalty for failure to appear as provided in § 19.2-128 , nor shall the agent be subject to punishment for contempt for failure to appear under his summons as provided in § 19.2-129 .

The law-enforcement officer or jail officer executing a warrant or capias shall endorse the date of execution thereon and make return thereof to a judicial officer. The law-enforcement officer executing a summons shall endorse the date of execution thereon and make return thereof to the court to which the summons is returnable.

Whenever a person is arrested upon a warrant or capias in a county or city other than that in which the charge is to be tried, the law-enforcement officer or jail officer making the arrest shall either (i) bring the accused forthwith before a judicial officer in the locality where the arrest was made or where the charge is to be tried or (ii) commit the accused to the custody of an officer from the county or city where the charge is to be tried who shall bring the accused forthwith before a judicial officer in the county or city in which the charge is to be tried. The judicial officer before whom the accused is brought shall immediately conduct a bail hearing and either admit the accused to bail or commit him to jail for transfer forthwith to the county or city where the charge is to be tried.

Code 1950, §§ 19.1-98, 19.1-99; 1960, c. 366; 1975, c. 495; 1979, c. 661; 1993, c. 431; 1994, c. 933 ; 1997, c. 10 ; 1998, c. 615 ; 2013, c. 207 .
Va. Code Ann. § 19.2-2 — Virginia Code / Title 19.2 / Chapter 1 / Section 19.2-2
Effect of repeal of Title 19.1 and enactment of this title
Status: in_force

The repeal of Title 19.1 effective as of October 1, 1975, shall not affect any act or offense done or committed, or any penalty or forfeiture incurred, or any right established, accrued, or accruing on or before such date, or any prosecution, suit or action pending on that day. Except as herein otherwise provided, neither the repeal of Title 19.1 nor the enactment of this title shall apply to offenses committed prior to October 1, 1975, and prosecutions for such offenses shall be governed by the prior law, which is continued in effect for that purpose. For the purposes of this section, an offense was committed prior to October 1, 1975, if any of the essential elements of the offense occurred prior thereto.

1975, c. 495.
Va. Code Ann. § 19.2-271.2 — Virginia Code / Title 19.2 / Chapter 16 / Article 1 / Section 19.2-271.2
Testimony of spouses in criminal cases (Subsection (b) of Supreme Court Rule 2:504 derived from this section)
Status: in_force

In criminal cases, persons married to each other shall be allowed, and, subject to the rules of evidence governing other witnesses, may be compelled to testify in behalf of each other, but neither shall be compelled to be called as a witness against the other, except (i) in the case of a prosecution for an offense committed by one against the other, against a minor child of either, or against the property of either; (ii) in any case where either is charged with forgery of the name of the other or uttering or attempting to utter a writing bearing the allegedly forged signature of the other; or (iii) in any proceeding relating to a violation of the laws pertaining to criminal sexual assault (§§ 18.2-61 through 18.2-67.10 ), crimes against nature (§ 18.2-361 ) involving a minor as a victim and provided that the defendant and the victim are not married to each other, incest (§ 18.2-366 ), or abuse of children (§§ 18.2-370 through 18.2-371 ). The failure of either spouse to testify, however, shall create no presumption against the accused, nor be the subject of any comment before the court or jury by any attorney.

Except in the prosecution for a criminal offense as set forth in clause (i), (ii), or (iii), in any criminal proceeding, a person has a privilege to refuse to disclose, and to prevent anyone else from disclosing, any confidential communication between his spouse and him during their marriage, regardless of whether he is married to that spouse at the time he objects to disclosure. For the purposes of this section, "confidential communication" means a communication made privately by a person to his spouse that is not intended for disclosure to any other person.

Code 1950, § 8-288; 1950, p. 664; 1958, c. 231; 1960, c. 469; 1977, c. 624; 1988, c. 482; 1993, c. 637; 1996, c. 423 ; 2005, c. 809 ; 2020, c. 900 .
Va. Code Ann. § 19.2-103 — Virginia Code / Title 19.2 / Chapter 8 / Article 2 / Section 19.2-103
Discharge, recommitment or renewal of bail
Status: in_force

If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant or bond, any judge in this Commonwealth may discharge him or may recommit him for a further period not to exceed sixty days, or such judge may again take bail for his appearance and surrender, as provided in the preceding section, but within a period not to exceed sixty days after the date of such new bond.

Code 1950, § 19.1-67; 1960, c. 366; 1975, c. 495.
Va. Code Ann. § 19.2-185 — Virginia Code / Title 19.2 / Chapter 12 / Section 19.2-185
Testimony may be reduced to writing and subscribed
Status: in_force

When the judge deems it proper the testimony of the witnesses may be reduced to writing, and, if required by him, shall be signed by them respectively.

The judge of the court of record to which the case may be or has been certified may order the testimony of the witnesses at the preliminary hearing to be reduced to writing.

Code 1950, § 19.1-105; 1960, c. 366; 1968, c. 639; 1975, c. 495.
Va. Code Ann. § 19.2-314 — Virginia Code / Title 19.2 / Chapter 18 / Article 2 / Section 19.2-314
Supervision of persons released
Status: in_force

Every person released under § 19.2-313 shall receive intensive parole supervision for a period of at least one and one-half years and may have parole supervision continued for a longer period, if the Parole Board deems it advisable.

Code 1950, § 19.1-295.4; 1966, c. 579; 1975, c. 495; 2000, cc. 668 , 690 .
Va. Code Ann. § 19.2-11.12 — Virginia Code / Title 19.2 / Chapter 1.2 / Section 19.2-11.12
Costs of physical evidence recovery kits and trace evidence collection kits
Status: in_force

No victim of sexual assault or strangulation shall be charged for the cost of collecting or storing a physical evidence recovery kit, an anonymous physical evidence recovery kit, a trace evidence collection kit, or an anonymous trace evidence collection kit.

2017, c. 535 ; 2023, c. 312 .
Va. Code Ann. § 19.2-73 — Virginia Code / Title 19.2 / Chapter 7 / Section 19.2-73
Issuance of summons instead of warrant in certain cases
Status: in_force

A. In any misdemeanor case or in any class of misdemeanor cases, or in any case involving complaints made by any state or local governmental official or employee having responsibility for the enforcement of any statute, ordinance or administrative regulation, the magistrate or other issuing authority having jurisdiction may issue a summons instead of a warrant when there is reason to believe that the person charged will appear in the courts having jurisdiction over the trial of the offense charged.

B. If any person under suspicion for driving while intoxicated has been taken to a medical facility for treatment or evaluation of his medical condition, the officer at the medical facility may issue, on the premises of the medical facility, a summons for a violation of § 18.2-266 , 18.2-266.1 , 18.2-272 , or 46.2-341.24 and for refusal of tests in violation of subsection A or B of § 18.2-268.3 or subsection A of § 46.2-341.26:3 , in lieu of securing a warrant and without having to detain that person, provided that the officer has probable cause to place him under arrest. The issuance of such summons shall be deemed an arrest for purposes of Article 2 (§ 18.2-266 et seq.) of Chapter 7 of Title 18.2.

C. Any person on whom such summons is served shall appear on the date set forth in same, and if such person fails to appear in such court at such time and on such date then he shall be treated in accordance with the provisions of § 19.2-128 , regardless of the disposition of, and in addition to, the charge upon which he was originally arrested.

Code 1950, § 19.1-146; 1972, c. 461; 1975, c. 495; 1978, c. 500; 1981, c. 382; 2005, c. 425 ; 2010, c. 840 ; 2017, c. 623 .
Va. Code Ann. § 19.2-160 — Virginia Code / Title 19.2 / Chapter 10 / Article 3 / Section 19.2-160
Appointment of counsel or waiver of right
Status: in_force

If the charge against the accused is a crime the penalty for which may be incarceration, and the accused is not represented by counsel, the court shall ascertain by oral examination of the accused whether or not the accused desires to waive his right to counsel.

In the event the accused desires to waive his right to counsel, and the court ascertains that such waiver is voluntary and intelligently made, then the court shall provide the accused with a statement to be executed by the accused to document his waiver. The statement shall be in a form designed and provided by the Supreme Court. Any executed statement herein provided for shall be filed with and become a part of the record of such proceeding.

In the absence of a waiver of counsel by the accused, and if he shall claim that he is indigent, the court shall proceed in the same manner as is provided in § 19.2-159 .

Should the defendant refuse or otherwise fail to sign either of the statements described in this section and § 19.2-159 , the court shall note such refusal on the record. Such refusal shall be deemed to be a waiver of the right to counsel, and the court, after so advising the accused and offering him the opportunity to rescind his refusal shall, if such refusal is not rescinded and the accused's signature given, proceed to hear and decide the case. However, if, prior to the commencement of the trial, the court states in writing, either upon the request of the attorney for the Commonwealth or, in the absence of the attorney for the Commonwealth, upon the court's own motion, that a sentence of incarceration will not be imposed if the defendant is convicted, the court may try the case without appointing counsel, and in such event no sentence of incarceration shall be imposed.

Code 1950, § 19.1-241.9; 1973, c. 316; 1975, c. 495; 1978, c. 365; 1979, c. 468; 1983, c. 97; 1989, c. 385.
Va. Code Ann. § 19.2-388 — Virginia Code / Title 19.2 / Chapter 23 / Section 19.2-388
Duties and authority of Exchange
Status: in_force

A. It shall be the duty of the Central Criminal Records Exchange to receive, classify, and file criminal history record information as defined in § 9.1-101 and other records required to be reported to it by §§ 16.1-299 and 19.2-390 . The Exchange is authorized to prepare and furnish to all state and local law-enforcement officials and agencies; to clerks of circuit courts, general district courts, and juvenile and domestic relations district courts; and to corrections and penal officials, forms that shall be used for the making of such reports.

B. Juvenile records received pursuant to § 16.1-299 shall be maintained separately from adult records.

C. The Exchange shall submit periodic reports to the Office of the Executive Secretary of the Supreme Court of Virginia, the clerk of each circuit court and district court, attorneys for the Commonwealth, and law-enforcement agencies containing a list of offenses with unapplied criminal history record information. Reports to the Office of the Executive Secretary of the Supreme Court of Virginia shall be quarterly and shall include all such offenses within the Commonwealth identified by jurisdiction and by court. Reports to the clerk of each circuit court and district court shall be quarterly and shall include only such offenses that were submitted by the respective clerk of court. Reports to attorneys for the Commonwealth shall be quarterly and shall include only such offenses that were submitted by law-enforcement agencies and courts in the county or city served by the respective attorney for the Commonwealth. Reports to law-enforcement agencies shall be monthly and shall include only such offenses for which the respective law-enforcement agency executed the arrest or issued the summons. For each offense, the report shall include, if known, the name and any other identifying information of the defendant, any identifying court case information, the date of submission to the Exchange, and the reason the offense could not be applied to the criminal history record.

D. The Exchange shall review offenses containing unapplied criminal history record information and shall make reasonable efforts to ensure that such information, including any offense of which the Exchange is notified pursuant to subdivision A 12 of § 9.1-176.1 , subdivision F 7 or 8 of § 19.2-305.1 , subsection B of § 53.1-23 , or subdivision 13 or 14 of § 53.1-145 , is applied to criminal history records. The Exchange may request and shall receive from the clerk of each circuit court and district court, attorneys for the Commonwealth, law-enforcement agencies, the Department of Corrections, the Department of Forensic Science, and local probation and community corrections agencies cooperation and assistance to obtain positive identification or to reconcile any inconsistencies, errors, or omissions within such unapplied criminal history record information.

Code 1950, § 19.1-19.2; 1966, c. 669; 1968, c. 537; 1970, c. 118; 1975, c. 495; 1976, c. 771; 1982, c. 33; 1993, cc. 468, 926; 1996, cc. 755 , 914 ; 2019, cc. 782 , 783 ; 2025, c. 441 .
Va. Code Ann. § 19.2-401 — Virginia Code / Title 19.2 / Chapter 25 / Section 19.2-401
Cross appeal; when allowed; time for filing
Status: in_force

The defendant shall have no independent right of appeal pursuant to § 19.2-398 . If the Commonwealth appeals, the defendant may cross appeal from any orders from which the Commonwealth may appeal, pursuant to § 19.2-398 . The defendant shall be under no obligation to defend an appeal filed by the Commonwealth. However, when an appeal is taken by the Commonwealth, and the defendant wishes to defend or cross appeal, the circuit court shall, where the defendant is indigent, appoint counsel to represent the defendant on appeal. The remuneration to be awarded appointed counsel shall be governed by § 19.2-326 .

In pretrial appeals, the defendant shall file a notice of cross appeal with the clerk of the circuit court within seven days following the notice of appeal filed by the Commonwealth.

Any brief on cross appeal shall be consolidated with the defendant's brief as appellee, if any.

1987, c. 710; 2003, c. 109 .
Va. Code Ann. § 19.2-386.34 — Virginia Code / Title 19.2 / Chapter 22.2 / Section 19.2-386.34
Forfeiture of vehicle used in a felony violation of § 18.2-266
Status: in_force

The vehicle solely owned and operated by the accused during the commission of a felony violation of § 18.2-266 shall be subject to seizure and forfeiture. After an arrest upon a felony violation of § 18.2-266 , the vehicle may be forfeited to the Commonwealth pursuant to the procedures set forth in Chapter 22.1 (§ 19.2-386.1 et seq.).

An immediate family member of the owner of any motor vehicle for which an information has been filed under this section who was not the driver at the time of the violation may petition the court in which such information was filed for the release of the motor vehicle. If the immediate family member proves by a preponderance of the evidence that his immediate family has only one motor vehicle and will suffer a substantial hardship if that motor vehicle is seized and forfeited, the court, in its discretion, may release the vehicle.

In the event that the vehicle was sold to a bona fide purchaser subsequent to the arrest but prior to seizure in order to avoid seizure and forfeiture, the Commonwealth shall have a right of action against the seller for the proceeds of the sale.

2012, cc. 283 , 756 ; 2020, c. 1000 .
Va. Code Ann. § 19.2-353.4 — Virginia Code / Title 19.2 / Chapter 21 / Article 3 / Section 19.2-353.4
Repealed
Status: repealed

Repealed by Acts 1988, cc. 770, 852.
Va. Code Ann. § 19.2-163.03 — Virginia Code / Title 19.2 / Chapter 10 / Article 3.1 / Section 19.2-163.03
Qualifications for court-appointed counsel
Status: in_force

A. Initial qualification requirements. An attorney seeking to represent an indigent accused in a criminal case, in addition to being a member in good standing of the Virginia State Bar, shall meet the specific criteria required for each type or level of case. The following criteria shall be met for qualification and subsequent court appointment:

1. Misdemeanor case. To initially qualify to serve as counsel appointed pursuant to § 19.2-159 for an indigent defendant charged with a misdemeanor, the attorney shall:

a. If an active member of the Virginia State Bar for less than one year, have completed eight hours of MCLE-approved continuing legal education developed by the Indigent Defense Commission, two of which shall cover the representation of individuals with behavioral or mental health issues and individuals with intellectual or developmental disabilities as defined in § 37.2-100 ;

b. If an active member of the Virginia State Bar for one year or more, either complete the eight hours of approved continuing legal education developed by the Commission, two of which shall cover the representation of individuals with behavioral or mental health disorders and individuals with intellectual or developmental disabilities as defined in § 37.2-100 , or certify to the Commission that he has represented, in a district court within the past year, four or more defendants charged with misdemeanors; or

c. Be qualified pursuant to this section to serve as counsel for an indigent defendant charged with a felony.

2. Felony case.

a. To initially qualify to serve as counsel appointed pursuant to § 19.2-159 for an indigent defendant charged with a felony, the attorney shall (i) have completed the eight hours of MCLE-approved continuing legal education developed by the Commission, two of which shall cover the representation of individuals with behavioral or mental health disorders and individuals with intellectual or developmental disabilities as defined in § 37.2-100 , and (ii) certify that he has participated as either lead counsel or co-counsel in four felony cases from their beginning through to their final resolution, including appeals, if any.

b. If the attorney has been an active member of the Virginia State Bar for more than one year and certifies that he has participated, within the past year, as lead counsel in four felony cases through to their final resolution, including appeals, if any, the requirement to complete eight hours of continuing legal education and the requirement to participate as co-counsel shall be waived.

c. If the attorney has been an active member of the Virginia State Bar for more than one year and certifies that he has participated, within the past five years, as lead counsel in five felony cases through to their final resolution, including appeals, if any, the requirement to participate as either lead counsel or co-counsel in four felony cases within the past year shall be waived.

3. Juvenile and domestic relations case.

a. To initially qualify to serve as appointed counsel in a juvenile and domestic relations district court pursuant to subdivision C 2 of § 16.1-266 , the attorney shall (i) have completed the eight hours of MCLE-approved continuing legal education developed by the Commission, two of which shall cover the representation of individuals with behavioral or mental health disorders and individuals with intellectual or developmental disabilities as defined in § 37.2-100 , (ii) have completed four additional hours of MCLE-approved continuing legal education on representing juveniles developed by the Commission, and (iii) certify that he has participated as either lead counsel or co-counsel in four cases involving juveniles in a juvenile and domestic relations district court.

b. If the attorney has been an active member of the Virginia State Bar for more than one year and certifies that he has, within the past year, been lead counsel in four cases involving juveniles in juvenile and domestic relations district court, the requirement to complete the 12 hours of continuing legal education shall be waived.

c. If the attorney has been an active member of the Virginia State Bar for more than one year and certifies that he has participated, within the past five years in five cases involving juveniles in a juvenile and domestic relations district court, the requirement to participate as either lead counsel or co-counsel in four juvenile cases shall be waived.

B. Requalification requirements. After initially qualifying as provided in subsection A, an attorney shall maintain his eligibility for certification biennially by notifying the Commission of completion of at least eight hours of Commission and MCLE-approved continuing legal education, two of which shall cover the representation of individuals with behavioral or mental health disorders and individuals with intellectual or developmental disabilities as defined in § 37.2-100 . The Commission shall provide information on continuing legal education programs that have been approved.

In addition, to maintain eligibility to accept court appointments under subdivision C 2 of § 16.1-266 , an attorney shall complete biennially thereafter four additional hours of MCLE-approved continuing legal education on representing juveniles, certified by the Commission.

C. Waiver and exceptions. The Commission or the court before which a matter is pending, may, in its discretion, waive the requirements set out in this section for individuals who otherwise demonstrate their level of training and experience. A waiver of such requirements pursuant to this subsection shall not form the basis for a claim of error at trial, on appeal, or in any habeas corpus proceeding.

2004, cc. 884 , 921 ; 2006, c. 708 ; 2007, c. 571 ; 2021, Sp. Sess. I, cc. 523 , 540 .
Va. Code Ann. § 19.2-392.6:1 — Virginia Code / Title 19.2 / Chapter 23.2 / Section 19.2-392.6:1
Sealing of former possession of marijuana offenses without entry of a court order
Status: in_force

A. Any criminal or civil offense that concluded with any final disposition as a charge or conviction of former § 18.2-250.1 shall be sealed without the entry of a court order. The Central Criminal Records Exchange, any court, any law-enforcement agency, and the Department of Motor Vehicles shall identify and seal the records of any such offense in its possession.

B. The Department of Motor Vehicles shall not seal any charge or conviction under subsection A in violation of (i) federal regulatory record retention requirements or (ii) federal program requirements if the Department of Motor Vehicles is required to suspend a person's driving privileges as a result of the charge or conviction to be sealed.

2025, cc. 634 , 671 .
Va. Code Ann. § 19.2-83.6:1 — Virginia Code / Title 19.2 / Chapter 7.1 / Section 19.2-83.6:1
Duty of law-enforcement officer to render aid upon danger to life or limb; immunity from civil liability
Status: in_force

A. Any law-enforcement officer, as defined in § 9.1-101 , while engaged in the performance of his duties, shall have a duty to render aid to any person that such law-enforcement officer observes suffering from a serious bodily injury or life-threatening condition, as circumstances objectively permit and provided that such law-enforcement officer determines such aid may be rendered without endangering himself, the person, or others.

B. In the absence of gross negligence or willful misconduct, a law-enforcement officer shall not be liable for any personal injury or wrongful death resulting from the rendering or withholding of such aid in accordance with the provisions of this section.

2026, c. 583 .
Va. Code Ann. § 19.2-80.2 — Virginia Code / Title 19.2 / Chapter 7 / Section 19.2-80.2
Duty of arresting officer; providing magistrate or court with criminal history information
Status: in_force

In any case in which an officer proceeds under §§ 19.2-76 , 19.2-80 and 19.2-82 , such officer shall, to the extent possible, obtain and provide the magistrate or court with the arrested person's criminal history information prior to any proceeding under Article 1 (§ 19.2-119 et seq.) of Chapter 9 of this title. A pretrial services agency established pursuant to § 19.2-152.2 may, in lieu of the arresting officer, provide the criminal history to the magistrate or court.

1999, cc. 829 , 846 ; 2007, c. 133 .
Va. Code Ann. § 19.2-83.5 — Virginia Code / Title 19.2 / Chapter 7.1 / Section 19.2-83.5
Use of deadly force by a law-enforcement officer during an arrest or detention
Status: in_force

A. A law-enforcement officer shall not use deadly force against a person unless:

1. The law-enforcement officer reasonably believes that deadly force is immediately necessary to protect the law-enforcement officer or another person, other than the subject of the use of deadly force, from the threat of serious bodily injury or death;

2. If feasible, the law-enforcement officer has provided a warning to the subject of the deadly force that he will use deadly force;

3. The law-enforcement officer's actions are reasonable, given the totality of the circumstances; and

4. All other options have been exhausted or do not reasonably lend themselves to the circumstances.

B. In determining if a law-enforcement officer's use of deadly force is proper, the following factors shall be considered:

1. The reasonableness of the law-enforcement officer's belief and actions from the perspective of a reasonable law-enforcement officer on the scene at the time of the incident; and

2. The totality of the circumstances, including (i) the amount of time available to the law-enforcement officer to make a decision; (ii) whether the subject of the use of deadly force (a) possessed or appeared to possess a deadly weapon and (b) refused to comply with the law-enforcement officer's lawful order to surrender an object believed to be a deadly weapon prior to the law-enforcement officer using deadly force; (iii) whether the law-enforcement officer engaged in de-escalation measures prior to the use of deadly force, including taking cover, waiting for backup, trying to calm the subject prior to the use of force, or using non-deadly force prior to the use of deadly force; (iv) whether any conduct by the law-enforcement officer prior to the use of deadly force intentionally increased the risk of a confrontation resulting in deadly force being used; and (v) the seriousness of the suspected crime.

2020, Sp. Sess. I, c. 37 .
Va. Code Ann. § 19.2-386.3 — Virginia Code / Title 19.2 / Chapter 22.1 / Section 19.2-386.3
Notice of seizure for forfeiture and notice of motion for judgment
Status: in_force

A. If an information has not been filed, then upon seizure of any property under Chapter 22.2 (§ 19.2-386.15 et seq.) or other provision under the Code, the agency seizing the property shall forthwith notify in writing the attorney for the Commonwealth in the county or city in which the seizure occurred, who shall, within 21 days of receipt of such notice, file a notice of seizure for forfeiture with the clerk of the circuit court. Such notice of seizure for forfeiture shall specifically describe the property seized, set forth in general terms the grounds for seizure, identify the date on which the seizure occurred, and identify all owners and lien holders then known or of record, including the treasurer of the locality in which the seized property is located. The clerk shall forthwith mail by first-class mail notice of seizure for forfeiture to the last known address of all identified owners and lien holders. When property has been seized under Chapter 22.2 (§ 19.2-386.15 et seq.) or other provision under the Code prior to filing an information, then an information against that property shall be filed within 90 days of the date of seizure or the property shall be released to the owner or lien holder.

B. Except as to corporations, all parties defendant shall be served, in accordance with § 8.01-296 , with a copy of the information and a notice to appear prior to any motion for default judgment on the information. The notice shall contain a statement warning the party defendant that his interest in the property shall be subject to forfeiture to the Commonwealth unless within 30 days after service on him of the notice, or before the date set forth in the order of publication with respect to the notice, an answer under oath is filed in the proceeding setting forth (i) the nature of the defendant's claim, (ii) the exact right, title or character of the ownership or interest in the property and the evidence thereof, and (iii) the reason, cause, exemption or defense he may have against the forfeiture of his interest in the property, including but not limited to the exemptions set forth in § 19.2-386.8 . Service upon corporations shall be made in accordance with § 8.01-299 or subdivision 1 or 2 of § 8.01-301 ; however, if such service cannot be thus made, it shall be made by publication in accordance with § 8.01-317 .

1989, c. 690; 1991, c. 560; 1996, c. 673 ; 2002, cc. 588 , 623 ; 2004, c. 995 ; 2011, c. 83 ; 2012, cc. 283 , 756 .
Va. Code Ann. § 19.2-305.2 — Virginia Code / Title 19.2 / Chapter 18 / Article 1 / Section 19.2-305.2
Amount of restitution; enforcement
Status: in_force

A. The court, when ordering restitution pursuant to § 19.2-305.1 , may require that such defendant, in the case of an offense resulting in damage to or loss or destruction of property of a victim of the offense, (i) return the property to the owner or (ii) if return of the property is impractical or impossible, pay an amount equal to the greater of the value of the property at the time of the offense or the value of the property at the time of sentencing.

B. An order of restitution shall be docketed, in the name of the Commonwealth, or a locality if applicable, on behalf of the victim, as provided in § 8.01-446 when so ordered by the court, unless the victim named in the order of restitution requests in writing that the order be docketed in the name of the victim. An order of restitution docketed in the name of the victim shall be enforced by the victim as a civil judgment. The clerk shall record and disburse restitution payments as provided in subsection D of § 19.2-305.1 and subsection A of § 19.2-354 in accordance with orders of restitution or judgments for restitution docketed in the name of the Commonwealth or a locality. At any time before a judgment for restitution docketed in the name of the Commonwealth or a locality is satisfied, the court shall, at the written request of the victim, order the circuit court clerk to execute and docket an assignment of the judgment to the victim. The circuit court clerk shall remove from its automated financial system the amount of unpaid restitution upon docketing the assignment. If a judge of a district court orders the circuit court clerk to execute and docket an assignment of the judgment to the victim, the district court clerk shall remove from its automated financial system the amount of unpaid restitution upon sending the order to the circuit court clerk. If the victim requests that the order of restitution be docketed in the name of the victim or that a judgment for restitution previously docketed in the name of the Commonwealth or a locality be assigned to the victim, the victim shall provide to the court an address where the defendant can mail payment for the amount due and such address shall not be confidential. When a judgment for restitution previously docketed in the name of the Commonwealth or a locality is ordered to be assigned to the victim, the court shall provide notice of such order to the defendant at the defendant's last known address and shall include the mailing address provided by the victim. Enforcement by a victim of any order of restitution docketed as provided in § 8.01-446 is not subject to any statute of limitations. Such docketing shall not be construed to prohibit the court from exercising any authority otherwise available to enforce the order of restitution.

1988, c. 679; 1989, c. 386; 2017, cc. 786 , 814 ; 2018, c. 736 ; 2021, Sp. Sess. I, cc. 190 , 393 .
Va. Code Ann. § 19.2-389.3 — Virginia Code / Title 19.2 / Chapter 23 / Section 19.2-389.3
(Repealed effective July 1, 2026) Marijuana possession; limits on dissemination of criminal history record information; prohibited practices by employers, educational institutions, and state and local governments; penalty
Status: repealed

A. Records relating to the arrest, criminal charge, or conviction of a person for a misdemeanor violation of § 18.2-248.1 or a violation of § 18.2-250.1 , including any violation charged under §§ 18.2-248.1 or 18.2-250.1 that was deferred and dismissed pursuant to § 18.2-251 , maintained in the Central Criminal Records Exchange shall not be open for public inspection or otherwise disclosed, provided that such records may be disseminated (i) to make the determination as provided in § 18.2-308.2:2 of eligibility to possess or purchase a firearm; (ii) to aid in the preparation of a pretrial investigation report prepared by a local pretrial services agency established pursuant to Article 5 (§ 19.2-152.2 et seq.) of Chapter 9, a pre-sentence or post-sentence investigation report pursuant to § 19.2-299 or in the preparation of the discretionary sentencing guidelines worksheets pursuant to subsection C of § 19.2-298.01 ; (iii) to aid local community-based probation services agencies established pursuant to the Comprehensive Community Corrections Act for Local-Responsible Offenders (§ 9.1-173 et seq.) with investigating or serving adult local-responsible offenders and all court service units serving juvenile delinquent offenders; (iv) for fingerprint comparison utilizing the fingerprints maintained in the Automated Fingerprint Information System computer; (v) to attorneys for the Commonwealth to secure information incidental to sentencing and to attorneys for the Commonwealth and probation officers to prepare the discretionary sentencing guidelines worksheets pursuant to subsection C of § 19.2-298.01 ; (vi) to any full-time or part-time employee of the State Police, a police department, or sheriff's office that is a part of or administered by the Commonwealth or any political subdivision thereof, and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic, or highway laws of the Commonwealth, for purposes of the administration of criminal justice as defined in § 9.1-101 ; (vii) to the Virginia Criminal Sentencing Commission for research purposes; (viii) to any full-time or part-time employee of the State Police or a police department or sheriff's office that is a part of or administered by the Commonwealth or any political subdivision thereof for the purpose of screening any person for full-time or part-time employment with the State Police or a police department or sheriff's office that is a part of or administered by the Commonwealth or any political subdivision thereof; (ix) to the State Health Commissioner or his designee for the purpose of screening any person who applies to be a volunteer with or an employee of an emergency medical services agency as provided in § 32.1-111.5 ; (x) to any full-time or part-time employee of the Department of Forensic Science for the purpose of screening any person for full-time or part-time employment with the Department of Forensic Science; (xi) to the chief law-enforcement officer of a locality, or his designee who shall be an individual employed as a public safety official of the locality, that has adopted an ordinance in accordance with §§ 15.2-1503.1 and 19.2-389 for the purpose of screening any person who applies to be a volunteer with or an employee of an emergency medical services agency as provided in § 32.1-111.5 ; and (xii) to any full-time or part-time employee of the Department of Motor Vehicles, any employer as defined in § 46.2-341.4 , or any medical examiner as defined in 49 C.F.R. § 390.5 for the purpose of complying with the regulations of the Federal Motor Carrier Safety Administration.

B. An employer or educational institution shall not, in any application, interview, or otherwise, require an applicant for employment or admission to disclose information concerning any arrest, criminal charge, or conviction against him when the record relating to such arrest, criminal charge, or conviction is not open for public inspection pursuant to subsection A. An applicant need not, in answer to any question concerning any arrest, criminal charge, or conviction, include a reference to or information concerning any arrest, criminal charge, or conviction when the record relating to such arrest, criminal charge, or conviction is not open for public inspection pursuant to subsection A.

C. Agencies, officials, and employees of the state and local governments shall not, in any application, interview, or otherwise, require an applicant for a license, permit, registration, or governmental service to disclose information concerning any arrest, criminal charge, or conviction against him when the record relating to such arrest, criminal charge, or conviction is not open for public inspection pursuant to subsection A. An applicant need not, in answer to any question concerning any arrest, criminal charge, or conviction, include a reference to or information concerning any arrest, criminal charge, or conviction when the record relating to such arrest, criminal charge, or conviction is not open for public inspection pursuant to subsection A. Such an application may not be denied solely because of the applicant's refusal to disclose information concerning any such arrest, criminal charge, or conviction.

D. A person who willfully violates subsection B or C is guilty of a Class 1 misdemeanor for each violation.

2020, cc. 1285 , 1286 ; 2021, Sp. Sess. I, cc. 344 , 345 , 524 , 542 , 550 , 551 ; 2023, cc. 554 , 555 ; 2025, cc. 634 and 671 , cl. 11.
Va. Code Ann. § 19.2-392.01 — Virginia Code / Title 19.2 / Chapter 23 / Section 19.2-392.01
Judges may require taking of fingerprints and photographs in certain misdemeanor cases
Status: in_force

The judge of a district court may, in his discretion, on motion of the attorney for the Commonwealth, require the duly constituted police officers of the county, city or town within the territorial jurisdiction of the court to take the fingerprints and photograph of any person who has been arrested and charged with a misdemeanor other than a misdemeanor which is a violation of any provision of Title 46.2.

1995, c. 407 ; 1996, cc. 755 , 914 .
Va. Code Ann. § 19.2-308.1 — Virginia Code / Title 19.2 / Chapter 18 / Article 1 / Section 19.2-308.1
When sentence may run concurrently with sentence in another jurisdiction
Status: in_force

Notwithstanding any other provision of law, in the event that a person is convicted of a criminal offense in any court of this Commonwealth and such person has also been sentenced to imprisonment for a term of one year or more by a court of the United States, or any other state or territory, and, at the time of sentencing in this Commonwealth, is incarcerated in a federal or state penal institution, the court may order the sentence to run concurrently with the sentence imposed by such other court.

1977, c. 344.
Va. Code Ann. § 19.2-212 — Virginia Code / Title 19.2 / Chapter 13 / Article 3 / Section 19.2-212
Provision for court reporter; use and disposition of notes, tapes and transcriptions
Status: in_force

A. A court reporter shall be provided for a special grand jury to record, manually or electronically, and transcribe all oral testimony taken before a special grand jury, but such reporter shall not be present during any stage of its deliberations. The notes, tapes and transcriptions of the reporter are for the sole use of the special grand jury, and the contents thereof shall not be divulged by anyone except as hereinafter provided. After the special grand jury has completed its use of the notes, tapes and transcriptions, the foreman shall cause them to be sealed, the container dated, and delivered to the court.

The court shall cause the sealed container to be kept safely. If any witness testifying before the special grand jury is prosecuted subsequently for perjury, the court, on motion of either the attorney for the Commonwealth or the defendant, shall permit them both to have access to the testimony given by the defendant when a witness before the special grand jury, and the testimony shall be admissible in the perjury case.

If no prosecution for perjury is instituted within three years from the date of the report of the special grand jury, the court shall cause the sealed container to be destroyed; however, on motion of the attorney for the Commonwealth, the court may extend the time period for destruction if the grand jury was impanelled at the request of the attorney for the Commonwealth.

B. Upon motion to the presiding judge, the attorney for the Commonwealth shall be permitted to review any evidence that was presented to the special grand jury, and shall be permitted to make notes and to duplicate portions of the evidence as he deems necessary for use in a criminal investigation or proceeding. The attorney for the Commonwealth shall maintain the secrecy of all information obtained from a review or duplication of the evidence presented to the special grand jury. Upon motion to the presiding judge by a person indicted after a special grand jury investigation, similar permission to review, note or duplicate evidence shall be extended if it appears that the permission is consistent with the ends of justice and is necessary to reasonably inform such person of the nature of the evidence to be presented against him, or to adequately prepare his defense.

1975, c. 495; 2001, c. 4 ; 2003, c. 96 ; 2008, c. 644 .
Va. Code Ann. § 19.2-386.11 — Virginia Code / Title 19.2 / Chapter 22.1 / Section 19.2-386.11
Judgment of condemnation; destruction
Status: in_force

A. If the forfeiture is established, the judgment shall be that the property be condemned as forfeited to the Commonwealth subject to any remission granted under subsection A of § 19.2-386.10 and further that the same be sold, unless (i) a sale thereof has been already made under § 19.2-386.7 , (ii) the court determines that the property forfeited is of such minimal value that the sale would not be in the best interest of the Commonwealth or (iii) the court finds that the property may be subject to return to a participating agency. If the court finds that the property may be subject to return to an agency participating in the seizure in accordance with subsection C of § 19.2-386.14 , the order shall provide for storage of the property until the determination to return it is made or, if return is not made, for sale of the property as provided in this section and § 19.2-386.12 . If sale has been made, the judgment shall be against the proceeds of sale, subject to the rights of any lien holder whose interest is not forfeited. If the property condemned has been delivered to the claimant under § 19.2-386.6 , further judgment shall be against the obligors in the bond for the penalty thereof, to be discharged by the payment of the appraised value of the property, upon which judgment, process of execution shall be awarded and the clerk shall endorse thereon, "No security is to be taken."

B. Forfeited cash and negotiable instruments shall be disposed of pursuant to the provisions of § 19.2-386.12 .

C. Contraband, the sale or possession of which is unlawful, weapons and property not sold because of the minimal value thereof, may be ordered destroyed by the court.

1989, c. 690; 1991, c. 560; 1993, c. 484.
Va. Code Ann. § 19.2-35 — Virginia Code / Title 19.2 / Chapter 3 / Article 3 / Section 19.2-35
Appointment; supervision generally
Status: in_force

Magistrates and any other personnel in the office of the magistrate shall be appointed by the Executive Secretary of the Supreme Court of Virginia in consultation with the chief judges of the circuit courts having jurisdiction within the region. Each magistrate shall be appointed to serve one or more of the magisterial regions created by the Executive Secretary. Each magisterial region shall be comprised of one or more judicial districts. The Executive Secretary shall have full supervisory authority over the magistrates so appointed. Notwithstanding any other provision of law, the only methods for the selection of magistrates shall be as set out in this section.

No person shall be appointed under this section until he has submitted his fingerprints to be used for the conduct of a national criminal records search and a Virginia criminal history records search. No person with a criminal conviction for a felony shall be appointed as a magistrate.

Code 1950, § 19.1-383; 1973, c. 545; 1974, c. 484; 1975, c. 495; 1976, c. 138; 1981, c. 4; 1988, c. 511; 2002, c. 310 ; 2004, cc. 370 , 452 ; 2008, cc. 551 , 691 .
Va. Code Ann. § 19.2-87.1 — Virginia Code / Title 19.2 / Chapter 8 / Article 2 / Section 19.2-87.1
Extradition of persons charged with certain criminal violations; prohibition
Status: in_force

A. As used in this section, "protected health care activity" means the same as that term is defined in § 32.1-377.

B. Notwithstanding the provisions of this article, no demand for extradition of a person charged with a criminal violation of the laws of another state shall be recognized by the Governor if such alleged criminal violation involves a protected health care activity, unless the alleged criminal violation would also constitute a criminal offense under the laws of the Commonwealth. However, the Governor may request that the state demanding extradition attest to the factual and legal basis of such alleged violation of the laws of another state.

C. The provisions of this section shall not apply when a person who is subject to a demand for extradition from another state was physically present in the demanding state at the time of the commission of the alleged offense and thereafter fled from such state, except that an affirmation under oath by such person that the person was present in the Commonwealth at the time of the commission of the offense shall create a presumption that the person was not in the demanding state at the time of the commission of such alleged offense. Such presumption may be rebutted by clear and convincing evidence by the demanding state in the circuit or general district court of the jurisdiction where the person subject to such demand for extradition is a resident or is being held pending extradition.

D. The Governor may act on a demand for extradition of a person charged with a criminal violation of the laws of another state that involves a protected health care activity only if the demand for extradition is accompanied with an attestation, made under penalty of perjury by a person with direct knowledge of the facts, that includes specific and non-conclusory facts that the person subject to such demand for extradition was physically present in the demanding state at the time of the commission of the alleged offense and thereafter fled from such state. Such an attestation subjects the attester to the jurisdiction of the courts of the Commonwealth for any suit, penalty, or damages arising out of a false attestation under this section. A demand for extradition under this section that fails to comply with the provisions of this subsection shall be facially invalid.

2026, c. 905 .
Va. Code Ann. § 19.2-386.13 — Virginia Code / Title 19.2 / Chapter 22.1 / Section 19.2-386.13
Writ of error and supersedeas
Status: in_force

For the purpose of review on a writ of error or supersedeas, a final judgment or order in the cause shall be deemed a final judgment and may be appealed to the Court of Appeals.

1989, c. 690; 2005, c. 681 ; 2021, Sp. Sess. I, c. 489 .
Va. Code Ann. § 19.2-245.2 — Virginia Code / Title 19.2 / Chapter 15 / Article 2 / Section 19.2-245.2
Tax offenses; where prosecuted
Status: in_force

If an offense involving tax, as defined in Title 58.1, is committed, that offense may be prosecuted in either any county or city where a false or fraudulent tax return, document, or statement was filed, or the county or city where the offender resides. However, venue shall not be in the City of Richmond solely because a false or fraudulent tax return, document or statement was filed directly with the Department of Taxation.

1990, c. 631.
Va. Code Ann. § 19.2-81.1 — Virginia Code / Title 19.2 / Chapter 7 / Section 19.2-81.1
(Effective July 1, 2027) Arrest without warrant by correctional officers in certain cases
Status: in_force

1. The escape of an inmate from a correctional institution, as defined in § 53.1-1 ;

2. Assisting an inmate to escape from a correctional institution, as defined in § 53.1-1 ;

3. The delivery of contraband to an inmate in violation of § 4.1-1117 , 18.2-474 , or 18.2-474.1 ; and

4. Any other criminal offense that may contribute to the disruption of the safety, welfare, or security of the population of a correctional institution.

1976, c. 752; 2026, Sp. Sess. I, c. 1 .
Va. Code Ann. § 19.2-169.4 — Virginia Code / Title 19.2 / Chapter 11 / Section 19.2-169.4
Litigating certain issues when the defendant is incompetent
Status: in_force

A finding of incompetency does not preclude the adjudication, at any time before trial, of a motion objecting to the sufficiency of the indictment, nor does it preclude the adjudication of similar legal objections which, in the court's opinion, may be undertaken without the personal participation of the defendant.

1982, c. 653.
Va. Code Ann. § 19.2-188.4 — Virginia Code / Title 19.2 / Chapter 12 / Section 19.2-188.4
Two-way video testimony related to certain forensic medical examinations
Status: in_force

A. Any testimony offered by either party in a preliminary hearing or sentencing hearing, or offered by the accused in any hearing other than a trial, by a sexual assault nurse examiner or sexual assault forensic examiner who performed a forensic medical examination may be presented using two-way video conferencing.

B. Any testimony offered by either party in a trial, or offered by the attorney for the Commonwealth in any hearing other than a preliminary hearing or sentencing hearing, by a sexual assault nurse examiner or sexual assault forensic examiner who performed a forensic medical examination may be presented by two-way video conferencing with the consent of the court and all parties.

C. The two-way video testimony permitted by this section shall comply with the provisions of subsection B of § 19.2-3.1 . In addition, unless otherwise agreed to by the parties and the court, (i) all orders pertaining to witnesses apply to witnesses testifying by two-way video conferencing; (ii) upon request, all materials read or used by the witness during his testimony shall be identified on the video; and (iii) any witness testifying by two-way video conferencing shall certify at the conclusion of his testimony, under penalty of perjury, that he did not engage in any off-camera communications with any person during his testimony.

D. Nothing in this section shall be construed as requiring a locality to purchase a two-way electronic video and audio communication system. Any decision to purchase such a system is at the discretion of the locality.

2022, c. 253 .
Va. Code Ann. § 19.2-327 — Virginia Code / Title 19.2 / Chapter 19 / Section 19.2-327
How judgment of appellate court certified and entered
Status: in_force

The judgment of the Court of Appeals or of the Supreme Court shall be certified to the court to whose judgment the writ of error was allowed. The court or the clerk thereof shall cause the same to be entered on its order book as its own judgment.

Code 1950, § 19.1-290; 1960, c. 366; 1975, c. 495; 1984, c. 703.
Va. Code Ann. § 19.2-87 — Virginia Code / Title 19.2 / Chapter 8 / Article 2 / Section 19.2-87
Form of demand
Status: in_force

No demand for the extradition of a person charged with, or convicted of, crime in another state shall be recognized by the Governor unless in writing alleging, except in cases arising under § 19.2-91 , that the accused was present in the demanding state at the time of the commission of the alleged crime and that thereafter he fled from such state, and accompanied: (1) by a copy of an indictment found, (2) by a copy or an information supported by an affidavit filed in the state having jurisdiction of the crime, (3) by a copy of an affidavit made before a magistrate in such state together with a copy of any warrant which was issued thereupon, or (4) by a copy of a judgment of conviction or of a sentence imposed in execution thereof together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of his bail, probation or parole. The indictment, information or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state; and the copy of the indictment, information, affidavit, judgment of conviction or sentence must be authenticated by the executive authority making the demand.

Code 1950, § 19.1-51; 1960, c. 366; 1975, c. 495.
Va. Code Ann. § 19.2-55 — Virginia Code / Title 19.2 / Chapter 5 / Section 19.2-55
Issuing general search warrant or search warrant without affidavit deemed malfeasance
Status: in_force

Any person having authority to issue criminal warrants who wilfully and knowingly issues a general search warrant or a search warrant without the affidavit required by § 19.2-54 shall be deemed guilty of a malfeasance.

Code 1950, § 19.1-89; 1960, c. 366; 1975, c. 495.
Va. Code Ann. § 19.2-63 — Virginia Code / Title 19.2 / Chapter 6 / Section 19.2-63
Manufacture, possession, sale or advertising of certain devices unlawful; penalties; exceptions
Status: in_force

A. Except as otherwise specifically provided in this chapter, any person who intentionally:

1. Manufactures, assembles, possesses, or sells any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire, electronic or oral communications; or

2. Places in any newspaper, magazine, handbill, or other publication any advertisement of:

(a) Any electronic, mechanical, or other device knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire, electronic or oral communications, or

(b) Any other electronic, mechanical, or other device where such advertisement promotes the use of such device for the purpose of the surreptitious interception of wire, electronic or oral communications; shall be guilty of a Class 6 felony.

B. It shall not be unlawful under this section for:

1. A provider of wire or electronic communication service or an officer, agent, or employee of, or a person under contract with, such provider in the normal course of the provider's business, or

2. An officer, agent, or employee of, or a person under contract with the United States, the Commonwealth or a political subdivision thereof, in the normal course of the activities of the United States, the Commonwealth, or a political subdivision thereof, to manufacture, assemble, possess, or sell any electronic, mechanical, or other device knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire, electronic or oral communications.

Code 1950, § 19.1-89.3; 1973, c. 442; 1975, c. 495; 1988, c. 889.
Va. Code Ann. § 19.2-85 — Virginia Code / Title 19.2 / Chapter 8 / Article 2 / Section 19.2-85
Definitions
Status: in_force

When appearing in this chapter:

(1) The term "Governor" includes any person performing the functions of Governor by authority of the law of this Commonwealth;

(2) The term "executive authority" includes the Governor, and any person performing the functions of Governor in a state other than this Commonwealth;

(3) The term "State," referring to a state other than this Commonwealth, includes any other state or territory, organized or unorganized, of the United States of America, and the District of Columbia; and

(4) The term "judge" means a judge of a court of record having criminal jurisdiction.

Code 1950, § 19.1-49; 1960, c. 366; 1975, c. 495.
Va. Code Ann. § 19.2-183.1 — Virginia Code / Title 19.2 / Chapter 12 / Section 19.2-183.1
Joint preliminary hearings
Status: in_force

Upon motion of the attorney for the Commonwealth, preliminary hearings for persons alleged to have participated in contemporaneous and related acts or occurrences or in a series of such acts or occurrences constituting an offense or offenses may be heard jointly if jurisdiction over each person and offense lies in the same court, unless the court finds that such joint preliminary hearing would constitute prejudice to a defendant. Upon such a finding, the court shall order that the preliminary hearing for that defendant be held separately.

1993, cc. 462, 489.
Va. Code Ann. § 19.2-150 — Virginia Code / Title 19.2 / Chapter 9 / Article 2 / Section 19.2-150
Proceeding when surety surrenders principal
Status: in_force

If the surrender is to the court, the court shall make such order as it deems proper; if the surrender is to a sheriff or jailer, the officer to whom the accused has been surrendered shall give the surety a certificate of the fact. After such surrender the person shall be treated in accordance with the provisions of Article 1 (§ 19.2-119 et seq.) of Chapter 9 of this title unless the court or judge thereof has reason to believe that no one or more conditions of release will reasonably assure that the person will not flee or pose a danger to any other person or to the community.

Code 1950, § 19.1-145; 1960, c. 366; 1973, c. 485; 1975, c. 495; 1978, c. 755; 1999, cc. 829 , 846 .
Va. Code Ann. § 19.2-170 — Virginia Code / Title 19.2 / Chapter 11 / Section 19.2-170
Repealed
Status: repealed

Repealed by Acts 1982, c. 653.
Va. Code Ann. § 19.2-200 — Virginia Code / Title 19.2 / Chapter 13 / Article 2 / Section 19.2-200
Duties of grand jury
Status: in_force

The grand jury shall inquire of and present all felonies, misdemeanors and violations of penal laws committed within the jurisdiction of the respective courts wherein it is sworn; except that no presentment shall be made of a matter for which there is no corporal punishment, but only a fine, where the fine is limited to an amount not exceeding five dollars. After a regular grand jury has concluded its deliberation on bills of indictment and made its return thereon, the court shall inquire of it whether it recommends that a special grand jury be impanelled to perform any of the functions provided for in subdivision (2) of § 19.2-191 . If a majority of the grand jurors responds in the affirmative, the court shall impanel so many of that jury as answer in the affirmative and are also willing to serve thereon, plus any additional members as may be necessary to complete the panel, as a special grand jury and if a minority of the grand jurors responds in the affirmative, the court may impanel a special grand jury in the same manner.

Code 1950, § 19.1-155; 1960, c. 366; 1975, c. 495; 1978, c. 741; 1980, c. 134.
Va. Code Ann. § 19.2-152.4:2 — Virginia Code / Title 19.2 / Chapter 9 / Article 5 / Section 19.2-152.4:2
Confidentiality of records of and reports on adult persons under investigation by or in the custody or supervision of a local pretrial services agency
Status: in_force

A. Any pretrial investigation report prepared by a local pretrial services officer is confidential and is exempt from the Virginia Freedom of Information Act (§ 2.2-3700 et seq.). Such reports shall be filed as a part of the case record. Such reports shall be sealed upon receipt by the court and made available only by court order; except that such reports shall be available upon request to (i) any criminal justice agency, as defined in § 9.1-101 , of this or any other state or of the United States; (ii) any agency where the accused is referred for assessment or treatment; or (iii) counsel for the person who is the subject of the report.

B. Any report on the progress of an accused under the supervision or custody of a pretrial services agency and any information relative to the identity of or inferring personal characteristics of an accused, including demographic information, diagnostic summaries, records of office visits, medical, substance abuse, psychiatric or psychological records or information, substance abuse screening, assessment and testing information, and other sensitive information not explicitly classified as criminal history record information, is exempt from the Virginia Freedom of Information Act (§ 2.2-3700 et seq.). However, such information may be disseminated to criminal justice agencies as defined in § 9.1-101 in the discretion of the custodian of these records.

2002, c. 769 ; 2007, c. 133 .
Va. Code Ann. § 19.2-190 — Virginia Code / Title 19.2 / Chapter 12 / Section 19.2-190
To whom, and when, examination and recognizance to be certified
Status: in_force

Every examination and recognizance for a felony taken under this chapter, shall, by the person taking it, be certified to the clerk of the circuit court of the county or city in which the party charged is to be tried, or the witness is to appear, on or before the first day of its next term. If he fails he may be compelled to do so by attachment as for a contempt.

Code 1950, § 19.1-108; 1960, c. 366; 1975, c. 495.
Va. Code Ann. § 19.2-78 — Virginia Code / Title 19.2 / Chapter 7 / Section 19.2-78
Uniform of officer making arrest
Status: in_force

All officers whose duties are to make arrests acting under the authority of any law of this Commonwealth or any subdivision thereof, who shall make any arrest, search or seizure on any public road or highway of this Commonwealth shall be dressed at the time of making any such arrest, search or seizure in such uniform as he may customarily wear in the performance of his duties which will clearly show him to casual observation to be an officer.

Nothing in this section shall render unlawful any arrest, search or seizure by an officer who is not in such customary uniform.

Code 1950, §§ 19.1-95, 19.1-96; 1960, c. 366; 1975, c. 495.
Va. Code Ann. § 19.2-168.1 — Virginia Code / Title 19.2 / Chapter 11 / Section 19.2-168.1
Evaluation on motion of the Commonwealth after notice
Status: in_force

A. If the attorney for the defendant gives notice pursuant to § 19.2-168 , and the Commonwealth thereafter seeks an evaluation of the defendant's sanity at the time of the offense, the court shall appoint one or more qualified mental health experts to perform such an evaluation. The court shall order the defendant to submit to such an evaluation and advise the defendant on the record in court that a refusal to cooperate with the Commonwealth's expert could result in exclusion of the defendant's expert evidence. The qualification of the experts shall be governed by subsection A of § 19.2-169.5 . The location of the evaluation shall be governed by subsection B of § 19.2-169.5 . The attorney for the Commonwealth shall be responsible for providing the experts the information specified in subsection C of § 19.2-169.5 . After performing their evaluation, the experts shall report their findings and opinions, and provide copies of psychiatric, psychological, medical or other records obtained during the course of the evaluation to the attorneys for the Commonwealth and the defense. The evaluator shall also send a redacted copy of the report removing references to the defendant's name, date of birth, case number, and court of jurisdiction to the Commissioner of Behavioral Health and Developmental Services for the purpose of peer review to establish and maintain the list of approved evaluators described in subsection A of § 19.2-169.5 .

B. If the court finds, after hearing evidence presented by the parties, that the defendant has refused to cooperate with an evaluation requested by the Commonwealth, it may admit evidence of such refusal or, in the discretion of the court, bar the defendant from presenting expert psychiatric or psychological evidence at trial on the issue of his sanity at the time of the offense.

1982, c. 653; 1986, c. 535; 2016, c. 445 .
Va. Code Ann. § 19.2-386.5 — Virginia Code / Title 19.2 / Chapter 22.1 / Section 19.2-386.5
Release of seized property
Status: in_force

At any time prior to the filing of an information, the attorney for the Commonwealth in the county or city in which the property has been seized pursuant to Chapter 22.2 (§ 19.2-386.15 et seq.) or other provision under the Code may, in his discretion, upon the payment of costs incident to the custody of the seized property, return the seized property to an owner or lien holder, without requiring that the owner or lien holder post bond as provided in § 19.2-386.6 , if he believes the property is properly exempt from forfeiture pursuant to § 19.2-386.8 .

At any time after the filing of an answer or upon default, on motion of the attorney for the Commonwealth or a vulnerable adult, the court may order the return of property to the vulnerable adult upon a showing that the property is the subject of a violation of § 18.2-178.1 or traceable to such a violation and is properly exempt from forfeiture pursuant to § 19.2-386.8 .

Any property seized and returned pursuant to § 19.2-386.36 shall not require the payment of costs or the posting of a bond.

1989, c. 690; 2002, cc. 588 , 623 ; 2004, c. 995 ; 2012, cc. 283 , 756 ; 2025, c. 160 .
Va. Code Ann. § 19.2-11.7 — Virginia Code / Title 19.2 / Chapter 1.2 / Section 19.2-11.7
Law enforcement taking possession of physical evidence recovery kits and trace evidence collection kits
Status: in_force

A. A health care provider that has collected a physical evidence recovery kit from a victim of sexual assault or a trace evidence collection kit from a victim of strangulation who has elected to report the offense shall forthwith notify the law-enforcement agency that such kit has been collected.

B. A law-enforcement agency that receives notice from a health care provider that a physical evidence recovery kit or trace evidence collection kit has been collected shall forthwith take possession of the physical evidence recovery kit or trace evidence collection kit.

2016, cc. 332 , 698 ; 2023, c. 312 .
Va. Code Ann. § 19.2-17 — Virginia Code / Title 19.2 / Chapter 2 / Article 1 / Section 19.2-17
Repealed
Status: repealed

Repealed by Acts 1996, c. 850 .
Va. Code Ann. § 19.2-152.6 — Virginia Code / Title 19.2 / Chapter 9 / Article 5 / Section 19.2-152.6
Withdrawal from pretrial services
Status: in_force

Any participating city or county may, at the beginning of any calendar quarter, by ordinance or resolution of its governing authority, notify the Department of Criminal Justice Services of its intention to withdraw from participation in pretrial services. Such withdrawal shall be effective as of the last day of the quarter in which such notice is given.

1994, 2nd Sp. Sess., cc. 1 , 2 ; 2007, c. 133 .
Va. Code Ann. § 19.2-215.7 — Virginia Code / Title 19.2 / Chapter 13 / Article 4 / Section 19.2-215.7
Warnings given to witnesses; when witness in contempt; use of testimony compelled after witness invokes right against self-incrimination
Status: in_force

A. Every witness testifying before a multi-jurisdiction grand jury shall be warned by special counsel or by the foreman of the grand jury that he need not answer any question that would tend to incriminate him, and that he may later be called upon to testify in any case that may result from the grand jury proceedings.

B. A witness who has been called to testify or produce evidence before a multi-jurisdiction grand jury, and who refuses to testify or produce evidence by expressly invoking his right not to incriminate himself, may be compelled to testify or produce evidence by the presiding judge. A witness who refuses to testify or produce evidence after being ordered to do so by the presiding judge may be held in contempt and may be incarcerated until the contempt is purged by compliance with the order.

C. When a witness is compelled to testify or produce evidence after expressly invoking his right not to incriminate himself, and the presiding judge has determined that the assertion of the right is bona fide, the compelled testimony, or any information directly or indirectly derived from such testimony or other information, shall not be used against the witness in any criminal proceeding except a prosecution for perjury.

1983, c. 543.
Va. Code Ann. § 19.2-11.6 — Virginia Code / Title 19.2 / Chapter 1.2 / Section 19.2-11.6
Anonymous physical evidence recovery kits and anonymous trace evidence collection kits
Status: in_force

A. When a victim of sexual assault or strangulation who undergoes a forensic medical examination elects not to report the offense to law enforcement, the health care provider shall inform the victim that the physical evidence recovery kit or trace evidence collection kit shall be forwarded to the Division for storage as an anonymous physical evidence recovery kit or anonymous trace evidence collection kit. The health care provider shall further inform the victim of the length of time the anonymous physical evidence recovery kit or anonymous trace evidence collection kit will be stored by the Division, the victim's right to object to the destruction of the anonymous physical evidence recovery kit or anonymous trace evidence collection kit, and how the victim can have the anonymous physical evidence recovery kit or anonymous trace evidence collection kit released to a law-enforcement agency at a later date. The health care provider shall forward the anonymous physical evidence recovery kit or anonymous trace evidence collection kit to the Division in accordance with the policies and procedures established by the Division.

B. The Division shall store any anonymous physical evidence recovery kit or anonymous trace evidence collection kit received for a minimum of two years. The Division shall store the anonymous physical evidence recovery kit or anonymous trace evidence collection kit for an additional period of 10 years following the receipt of a written objection to the destruction of the anonymous physical evidence recovery kit or anonymous trace evidence collection kit from the victim. After the initial two years or any additional 10-year storage period, the Division, in the absence of the receipt of a written objection from the victim in the most recent 10-year period, may destroy the anonymous physical evidence recovery kit or anonymous trace evidence collection kit or, in its discretion or upon request of the victim or the law-enforcement agency, may elect to retain the anonymous physical evidence recovery kit or anonymous trace evidence collection kit for a longer period of time. Upon notification from either the law-enforcement agency or the attorney for the Commonwealth that the victim has elected to report the offense to the law-enforcement agency, the Division shall release the anonymous physical evidence recovery kit or anonymous trace evidence collection kit to the law-enforcement agency.

2016, cc. 332 , 698 ; 2017, c. 535 ; 2023, c. 312 .
Va. Code Ann. § 19.2-165 — Virginia Code / Title 19.2 / Chapter 10 / Article 6 / Section 19.2-165
Recording evidence and incidents of trial in felony cases; cost of recording; cost of transcripts; certified transcript deemed prima facie correct; request for copy of transcript
Status: in_force

In all criminal cases in a court of record, the court or judge trying the case shall by order entered of record provide for the recording verbatim of the evidence and incidents of trial either by a court reporter or by mechanical or electronic devices approved by the court. The expense of reporting or recording the trial of criminal cases shall be paid by the Commonwealth out of the appropriation for criminal charges, upon approval of the trial judge. However, if the defendant is convicted, the Commonwealth shall be entitled to receive the amount allocated to the court reporter fund under the fixed felony fee. Localities that maintain mechanical or electronic devices for this purpose shall be entitled to retain their reasonable expenses attributable to the cost of operating and maintaining such equipment. The clerk shall receive the evidence at the time of admission of such evidence by the court and shall maintain control over such evidence until the time such evidence is transferred on appeal, or destroyed or returned in accordance with law.

The costs for the preparation of the transcript of the evidence for an appeal shall be paid by the Commonwealth out of the appropriation for criminal charges.

The reporter or other individual designated to report and record the trial shall file the original shorthand notes or other original records with the clerk of the circuit court who shall preserve them in the public records of the court for not less than five years if an appeal was taken and a transcript was prepared, or ten years if no appeal was taken. The transcript in any case certified by the reporter or other individual designated to report and record the trial shall be deemed prima facie a correct statement of the evidence and incidents of trial.

Upon the request of any counsel of record, or of any party not represented by counsel, and upon payment of the reasonable cost thereof, the court reporter covering any proceeding shall provide the requesting party with a copy of the transcript of such proceeding or any requested portion thereof.

The court shall not direct the court reporter to cease recording any portion of the proceeding without the consent of all parties or of their counsel of record.

The administration of this section shall be under the direction of the Supreme Court of Virginia.

Code 1950, § 17-30.1; 1952, c. 642; 1956, c. 699; 1962, c. 419; 1964, c. 533; 1968, c. 358; 1975, cc. 495, 640; 1983, c. 505; 1984, c. 752; 1994, c. 497 ; 1999, c. 9 ; 2014, c. 291 ; 2021, Sp. Sess. I, c. 489 .
Va. Code Ann. § 19.2-163.5 — Virginia Code / Title 19.2 / Chapter 10 / Article 4 / Section 19.2-163.5
Legal services to public defenders and/or assistant public defenders
Status: in_force

At the request of a public defender, the Attorney General shall provide legal services to such attorney, his assistants, or members of his staff in any proceeding brought against him, his assistants, or staff for money damages, when the cause of action allegedly arises out of the duties of his office.

Any costs chargeable against the defendant or defendants in any such case shall be paid by the Commonwealth from the appropriation for the payment of criminal charges.

1978, c. 698.
Va. Code Ann. § 19.2-368.9 — Virginia Code / Title 19.2 / Chapter 21.1 / Section 19.2-368.9
Emergency awards
Status: in_force

Notwithstanding any other provisions of this chapter, if it appears to the Commission, that (1) such claim is one with respect to which an award probably will be made, and (2) undue hardship will result to the claimant if immediate payment is not made, the Commission may make an emergency award to the claimant, pending a final decision in the case, provided that (i) the amount of such emergency award shall not exceed $3,000, (ii) the amount of such emergency award shall be deducted from any final award made to the claimant, and (iii) the excess of the amount of such emergency award over the final award, or the full amount of the emergency award if no final award is made, shall be repaid by the claimant to the Commission.

1976, c. 605; 1977, c. 215; 1985, c. 446; 2014, c. 665 .
Va. Code Ann. § 19.2-263.3 — Virginia Code / Title 19.2 / Chapter 15 / Article 4 / Section 19.2-263.3
Juror information confidential
Status: in_force

A. The court may, upon motion of either party or its own motion, and for good cause shown, issue an order regulating the disclosure of the name and home address of a juror who has been impaneled in a criminal trial to any person, other than to counsel for either party or a pro se defendant. For the purposes of this subsection, good cause shown includes, but is not limited to, a determination by the court that there is a likelihood of bribery, tampering, or physical injury to or harassment of a juror if his personal information is disclosed. An order regulating the disclosure of information may be modified, and the names and home addresses of the jurors in a criminal case may be disseminated to a person having a legitimate interest or need for the information, with restrictions upon its use and further dissemination as may be deemed appropriate by the court.

B. Additional personal information of a juror who has been impaneled in a criminal case shall be released only to the counsel for the defendant, a pro se defendant, and the attorney for the Commonwealth. The court may, upon motion of either party or its own motion, and for good cause shown, issue an order authorizing the disclosure of any additional personal information of a juror to any other person. Such order may be modified and may place restrictions on the use and further dissemination of such disclosed information.

C. In addition to the provisions of this section, the Supreme Court shall prescribe and publish rules that provide for the protection of the name, home address, and additional personal information of a juror in a criminal trial.

D. For purposes of this section, "additional personal information" means any information other than name and home address collected by the court, clerk, or jury commissioner at any time about a person who is selected to sit on a criminal jury and includes, but is not limited to, a juror's age, occupation, business address, telephone numbers, email addresses, and any other identifying information that would assist another in locating or contacting the juror.

2008, c. 538 ; 2017, c. 753 .
Va. Code Ann. § 19.2-11.9 — Virginia Code / Title 19.2 / Chapter 1.2 / Section 19.2-11.9
Lack of compliance with procedures
Status: in_force

The failure of a law-enforcement agency to take possession of a physical evidence recovery kit or trace evidence collection kit as provided in this chapter or to submit a physical evidence recovery kit or trace evidence collection kit to the Department within the time period prescribed under this chapter does not alter the authority of the law-enforcement agency to take possession of the physical evidence recovery kit or trace evidence collection kit or to submit the physical evidence recovery kit or trace evidence collection kit to the Department under this chapter or the authority of the Department to accept and analyze the physical evidence recovery kit or trace evidence collection kit or to maintain or upload any developed DNA profiles from the physical evidence recovery kit or trace evidence collection kit into any local, state, or national DNA data bank if eligible as determined by Department procedures and in accordance with state and federal law.

A person accused or convicted of committing a crime against a sexual assault victim or strangulation victim has no standing to object to any failure to comply with the requirements of this chapter, and the failure to comply with the requirements of this chapter is not grounds for challenging the admissibility of the evidence or setting aside the conviction or sentence.

2016, cc. 332 , 698 ; 2023, c. 312 .
Va. Code Ann. § 19.2-188.2 — Virginia Code / Title 19.2 / Chapter 12 / Section 19.2-188.2
Certificate of surgeon as evidence
Status: in_force

A. In any criminal proceeding, the certificate of a duly qualified surgeon stating that he has removed organs or other body parts from a decedent for transplant in accordance with Chapter 8 (§ 32.1-277 et seq.) of Title 32.1, shall be admissible in evidence as evidence of the facts stated therein. The certificate shall be competent evidence to show that such organs or body parts were functional at the time of recovery and not affected by any injury or illness that caused the decedent's death.

B. A copy of the certificate shall be filed with the attorney for the Commonwealth in the jurisdiction in which the decedent's fatal injury occurred. The certificate shall not be admitted into evidence unless the attorney for the Commonwealth has provided a copy of the certificate to counsel for the defendant at least fourteen days prior to the proceeding in which it is to be offered into evidence.

C. Any such certificate, when properly notarized, purporting to be signed by the surgeon who removed the organs or other body parts shall be admissible in evidence without proof of seal or signature of the person whose name is signed to it. In any hearing or trial the accused shall have the right to call the person signing the certificate and the provisions of § 19.2-187.1 shall apply, mutatis mutandis.

1997, c. 557 .
Va. Code Ann. § 19.2-264 — Virginia Code / Title 19.2 / Chapter 15 / Article 4 / Section 19.2-264
When jury need not be kept together in felony case; sufficient compliance with requirement that jury be kept together
Status: in_force

In any case of a felony the jury shall not be kept together unless the court otherwise directs. Whenever a jury is required to be kept together, it shall be deemed sufficient compliance although the court for good cause permits one or more of such jurors to be separated from the others; provided all such jurors, whether separated or not, be kept in charge of officers provided therefor.

Code 1950, §§ 8-208.31, 8-208.32; 1973, c. 439; 1975, c. 495.
Va. Code Ann. § 19.2-152.5 — Virginia Code / Title 19.2 / Chapter 9 / Article 5 / Section 19.2-152.5
Community criminal justice boards
Status: in_force

Each city, county or combination thereof establishing a pretrial services agency shall also establish a community criminal justice board pursuant to § 9.1-178 .

1994, 2nd Sp. Sess., cc. 1 , 2 ; 2007, c. 133 .
Va. Code Ann. § 19.2-152.2 — Virginia Code / Title 19.2 / Chapter 9 / Article 5 / Section 19.2-152.2
Purpose; establishment of pretrial services and services agencies
Status: in_force

It is the purpose of this article to provide more effective protection of society by establishing pretrial services agencies that will assist judicial officers in discharging their duties pursuant to Article 1 (§ 19.2-119 et seq.) of Chapter 9. Such agencies are intended to provide better information and services for use by judicial officers in determining the risk to public safety and the assurance of appearance of persons age 18 or over or persons under the age of 18 who have been transferred for trial as adults held in custody and charged with an offense, other than an offense punishable as a Class 1 felony, who are pending trial or hearing. Any city, county or combination thereof may establish a pretrial services agency and any city, county or combination thereof required to submit a community-based corrections plan pursuant to § 53.1-82.1 shall establish a pretrial services agency.

1994, 2nd Sp. Sess., cc. 1 , 2 ; 1999, cc. 829 , 846 ; 2004, c. 378 ; 2007, c. 133 ; 2021, Sp. Sess. I, cc. 344 , 345 .
Va. Code Ann. § 19.2-165.1 — Virginia Code / Title 19.2 / Chapter 10 / Article 6 / Section 19.2-165.1
Payment of medical fees in certain criminal cases; reimbursement
Status: in_force

A. Except as provided in subsection B, all medical fees expended in the gathering of evidence for all criminal cases where medical evidence is necessary to establish a crime has occurred and for cases involving abuse of children younger than 18 years of age shall be paid by the Commonwealth out of the appropriation for criminal charges, provided that any medical evaluation, examination, or service rendered be performed by a physician or facility specifically designated by the attorney for the Commonwealth in the city or county having jurisdiction of such case for such a purpose. If no such physician or facility is reasonably available in such city or county, then the attorney for the Commonwealth may designate a physician or facility located outside and adjacent to such city or county.

Where there has been no prior designation of such a physician or facility, such medical fees shall be paid out of the appropriation for criminal charges upon authorization by the attorney for the Commonwealth of the city or county having jurisdiction over the case. Such authorization may be granted prior to or within 48 hours after the medical evaluation, examination, or service rendered.

B. All medical fees expended in the gathering of evidence through (i) physical evidence recovery kit examinations, defined in § 19.2-11.5 , conducted on victims complaining of sexual assault under Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 and (ii) anonymous trace evidence collection kit examinations, defined in § 19.2-11.5 , conducted on victims complaining of strangulation in violation of § 18.2-51.6 shall be paid by the Commonwealth pursuant to subsection F of § 19.2-368.11:1 . Such victims shall not be required to participate in the criminal justice system or cooperate with law-enforcement authorities in order to be provided with such medical exams.

C. Upon conviction of the defendant in any case requiring the payment of medical fees authorized by this section, the court shall order that the defendant reimburse the Commonwealth for payment of such fees.

1976, c. 292; 1982, c. 507; 1987, c. 330; 1997, c. 322 ; 1999, c. 853 ; 2000, c. 292 ; 2003, cc. 28 , 772 ; 2008, cc. 203 , 251 ; 2026, cc. 858 , 859 .
Va. Code Ann. § 19.2-360.1 — Virginia Code / Title 19.2 / Chapter 21 / Article 5 / Section 19.2-360.1
Itemized statement of fines, restitution, forfeiture, penalty, and other costs
Status: in_force

The clerk of the court, upon written or electronic request, shall provide an itemized statement to any defendant convicted of a traffic infraction or a violation of any criminal law of the Commonwealth or of any political subdivision thereof, or found not innocent in the case of a juvenile, who is sentenced to pay a fine, restitution, forfeiture, or penalty or assessed any other costs in the circuit court or appropriate district court of his county or city at the time such fine, restitution, forfeiture, penalty, or other costs are assessed, or within a reasonable time after assessment. The clerk shall also provide an updated statement of the outstanding balances of fines, forfeiture, and penalties, restitution and costs, or payment history upon written or electronic request of the defendant. Any such itemized or updated statement shall be provided to the defendant either in person if he appears in person and furnishes proper identification or by trackable courier service with signature requirement or first-class mail.

2025, c. 638 .
Va. Code Ann. § 19.2-111 — Virginia Code / Title 19.2 / Chapter 8 / Article 2 / Section 19.2-111
Form of such applications; copies, etc
Status: in_force

The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by two certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to the judge of a circuit or general district court or other officer issuing the warrant stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The attorney for the Commonwealth, warden or sheriff may also attach such further affidavits and other documents in duplicate as he shall deem proper to be submitted with such application. One copy of the application, with the action of the Governor indicated by endorsement thereon, and one of the certified copies of the indictment, complaint, information, and affidavits, or of the judgment of conviction or of the sentence shall be filed in the office of the Secretary of the Commonwealth, to remain of record in that office. The other copies of all papers shall be forwarded with the Governor's requisition.

Code 1950, § 19.1-75; 1960, c. 366; 1975, c. 495.
Va. Code Ann. § 19.2-39 — Virginia Code / Title 19.2 / Chapter 3 / Article 3 / Section 19.2-39
Bond
Status: in_force

Every magistrate appointed under the provisions of this chapter shall enter into bond in the sum of $5,000, made payable to the Commonwealth, before a clerk of a circuit court, for the faithful performance of his duties. The premium for such bond shall be paid by the Commonwealth. Provided, however, that in lieu of specific bonds, the Committee on District Courts may in its discretion procure faithful performance of duty blanket bonds for all magistrates and for the penalty contained in this section, unless in the discretion of the Committee, bonds with a larger penalty should be obtained. Such blanket bonds shall be made payable to the Commonwealth and shall cover all funds handled by a magistrate whether such funds belong to the Commonwealth or any political subdivision thereof. Provided further, that in those instances where specific bonds for magistrates are in effect, the Committee on District Courts may, whenever it deems it advisable, terminate such specific bonds upon obtaining a blanket bond covering such magistrates with appropriate refunds or credit being made for the unearned premiums on the specific bonds terminated. A copy of any such blanket bond so procured shall be filed with the State Comptroller and with the clerk of the respective circuit courts. The premiums for such blanket bonds shall be paid by the Commonwealth.

Code 1950, § 19.1-387; 1973, c. 545; 1974, c. 484; 1975, c. 495; 2008, cc. 551 , 691 .
Va. Code Ann. § 19.2-169.5 — Virginia Code / Title 19.2 / Chapter 11 / Section 19.2-169.5
Evaluation of sanity at the time of the offense; disclosure of evaluation results
Status: in_force

A. Raising issue of sanity at the time of offense; appointment of evaluators. -- If, at any time before trial, the court finds, upon hearing evidence or representations of counsel for the defendant, that there is probable cause to believe that the defendant's sanity will be a significant factor in his defense and that the defendant is financially unable to pay for expert assistance, the court shall appoint one or more qualified mental health experts to evaluate the defendant's sanity at the time of the offense and, where appropriate, to assist in the development of an insanity defense. Such mental health expert shall be a psychiatrist or a clinical psychologist who (i) has performed forensic examinations, (ii) has successfully completed forensic evaluation training recognized by the Commissioner of Behavioral Health and Developmental Services, (iii) has demonstrated to the Commissioner competence to perform forensic evaluations, and (iv) is included on a list of approved evaluators maintained by the Commissioner. The defendant shall not be entitled to a mental health expert of his own choosing or to funds to employ such expert.

B. Location of evaluation. -- The evaluation shall be performed on an outpatient basis, at a mental health facility or in jail unless an outpatient evaluation has been conducted and the outpatient evaluator opines that a hospital-based evaluation is needed to reliably reach an opinion or unless the defendant is in the custody of the Commissioner of Behavioral Health and Developmental Services pursuant to § 19.2-169.2 , 19.2-169.6 , 19.2-182.2 , 19.2-182.3 , 19.2-182.8 , 19.2-182.9 , or Article 5 (§ 37.2-814 et seq.) of Chapter 8 of Title 37.2.

C. Provision of information to evaluator. -- The court shall require the party making the motion for the evaluation, and such other parties as the court deems appropriate, to provide to the evaluators appointed under subsection A any information relevant to the evaluation, including, but not limited to (i) copy of the warrant or indictment; (ii) the names and addresses of the attorney for the Commonwealth, the attorney for the defendant and the judge who appointed the expert; (iii) information pertaining to the alleged crime, including statements by the defendant made to the police and transcripts of preliminary hearings, if any; (iv) a summary of the reasons for the evaluation request; (v) any available psychiatric, psychological, medical or social records that are deemed relevant; and (vi) a copy of the defendant's criminal record, to the extent reasonably available.

D. The evaluators shall prepare a full report concerning the defendant's sanity at the time of the offense, including whether he may have had a significant mental disease or defect which rendered him insane at the time of the offense. The report shall be prepared within the time period designated by the court, said period to include the time necessary to obtain and evaluate the information specified in subsection C.

E. Disclosure of evaluation results. -- The report described in subsection D shall be sent solely to the attorney for the defendant and shall be deemed to be protected by the lawyer-client privilege. However, the Commonwealth shall be given the report in all felony cases, the results of any other evaluation of the defendant's sanity at the time of the offense, and copies of psychiatric, psychological, medical, or other records obtained during the course of any such evaluation, after the attorney for the defendant gives notice of an intent to present psychiatric or psychological evidence pursuant to § 19.2-168 . In addition, in all cases, the evaluator shall send a redacted copy of the report removing references to the defendant's name, date of birth, case number, and court of jurisdiction to the Commissioner of Behavioral Health and Developmental Services for the purpose of peer review to establish and maintain the list of approved evaluators described in subsection A.

F. In any case where the defendant obtains his own expert to evaluate the defendant's sanity at the time of the offense, the provisions of subsections D and E, relating to the disclosure of the evaluation results, shall apply.

1982, c. 653; 1986, c. 535; 1987, c. 439; 1996, cc. 937 , 980 ; 2005, c. 428 ; 2009, cc. 813 , 840 ; 2016, c. 445 ; 2018, c. 367 .
Va. Code Ann. § 19.2-188.3 — Virginia Code / Title 19.2 / Chapter 12 / Section 19.2-188.3
Admissibility of affidavits by government officials regarding a search of government records (Subdivision (10)(b) of Supreme Court Rule 2:803 derived from this section)
Status: in_force

In any hearing or trial, an affidavit signed by a government official who is competent to testify, deemed to have custody of an official record, or signed by his designee, stating that after a diligent search, no record or entry of such record is found to exist among the records in his custody, is admissible as evidence that his office has no such record or entry, provided that, if the hearing or trial is a proceeding other than a preliminary hearing, the procedures set forth in subsection G of § 18.2-472.1 for admission of an affidavit have been satisfied, mutatis mutandis, and the accused has not objected to the admission of the affidavit pursuant to the procedures set forth in subsection H of § 18.2-472.1 , mutatis mutandis. Nothing in this section shall be construed to affect the admissibility of affidavits in civil cases under § 8.01-390 .

2010, c. 464 ; 2011, c. 285 .
Va. Code Ann. § 19.2-14 — Virginia Code / Title 19.2 / Chapter 2 / Article 1 / Section 19.2-14
Conservators of the peace for fairgrounds and cemeteries; bond required
Status: in_force

The superintendent or other person in charge of any fairgrounds or any public or private cemetery shall, for the purpose of maintaining order and enforcing the criminal and police laws of the Commonwealth, or the county or city in which such fairgrounds or cemetery is situated, have all the powers, functions, duties, responsibilities and authority of a conservator of the peace within the fairgrounds or cemetery over which he may have charge and within one-half of a mile around the same.

The provisions of § 19.2-13 relative to the giving of bond and the liability of an employer, principal or master, shall be applicable to every person exercising any powers of a conservator of the peace under this section.

Code 1950, § 19.1-32; 1960, c. 366; 1975, c. 495.
Va. Code Ann. § 19.2-75 — Virginia Code / Title 19.2 / Chapter 7 / Section 19.2-75
Copy of process to be left with accused; exception
Status: in_force

Except as provided in § 46.2-936 , any process issued against a person charged with a criminal offense shall be in duplicate and the officer serving such process shall leave a copy with the person charged.

Code 1950, § 19.1-92; 1960, c. 366; 1975, c. 495.
Va. Code Ann. § 19.2-368.8 — Virginia Code / Title 19.2 / Chapter 21.1 / Section 19.2-368.8
Reinvestigation of decision; reconsideration of award; judicial review
Status: in_force

A. The Commission, on its own motion, or upon request of the claimant, may reinvestigate or reopen a decision making or denying an award. Except for claims of sexual abuse that occurred while the victim was a minor, the Commission shall not reopen or reinvestigate a case after the expiration of two years from the date of submission of the original claim. Any claim involving the sexual abuse of a minor that has been denied before July 1, 2001, because it was not timely filed may, upon application filed with the Commission, be reconsidered provided the application for reconsideration is filed within ten years after the minor's eighteenth birthday.

B. The Commission shall reconsider, at least annually, every award upon which periodic payments are being made. An order or reconsideration of an award shall not require refund of amounts previously paid unless the award was obtained by fraud. The right of reconsideration does not affect the finality of a Commission decision for the purposes of judicial review.

C. Within thirty days of the date of the report containing the final decision of the Commission, the claimant may, if in his judgment the award is improper, appeal such decision to the Court of Appeals, as provided in § 65.2-706 . The Attorney General may appear in such proceedings as counsel for the Commission.

1976, c. 605; 1977, c. 215; 1984, c. 703; 2001, c. 855 ; 2002, c. 665 .
Va. Code Ann. § 19.2-338 — Virginia Code / Title 19.2 / Chapter 20 / Section 19.2-338
Collection by town of cost of transporting prisoners
Status: in_force

(1) Notwithstanding any provision of any charter or any law to the contrary, any town may provide that any person convicted of violating any ordinance of the town may be charged, in addition to all other costs, fines, fees and charges, the costs of transporting such person so convicted to and from a jail or other penal institution outside the corporate limits of such town designated by the town as a place of confinement for persons arrested for violating the ordinances of the town and required to be held in jail pending trial upon such charge. The cost of such transportation shall be taxed as a part of the costs payable by persons convicted of violating such ordinances.

(2) No officer transporting any person convicted of violating any ordinance of the town, as provided in subsection (1) hereof, shall charge or be paid, nor shall such town receive directly or indirectly, more than the cost of transporting such person when more than one person is transported.

Code 1950, § 19.1-322; 1960, c. 366; 1975, c. 495; 1995, c. 51 .
Va. Code Ann. § 19.2-387.3 — Virginia Code / Title 19.2 / Chapter 23 / Section 19.2-387.3
Substantial Risk Order Registry; maintenance; access; Substantial Risk Order Reporting System
Status: in_force

A. The Department of State Police shall keep and maintain a computerized Substantial Risk Order Registry (the Registry) for the entry of orders issued pursuant to § 19.2-152.13 or 19.2-152.14 . The Department of State Police shall make the Registry information available, upon request, to criminal justice agencies, including local law-enforcement agencies, through the Virginia Criminal Information Network.

The Department of State Police may make the Registry information available upon request to institutions of higher education and other research organizations or institutions in the Commonwealth. The Department of State Police shall remove the names and other personal identifying information from the data before it is released to the institution of higher education or research organization or other institution.

Registry information provided under this section shall be used only for the purposes of the administration of criminal justice as defined in § 9.1-101 , except as otherwise provided in this section.

B. The Department of State Police shall also establish a Substantial Risk Order Reporting System for the purpose of tracking and reporting the entry of orders issued pursuant to § 19.2-152.13 or 19.2-152.14 by locality. Such report by locality shall be published monthly by the Department of State Police and made available to the public online. The Department of State Police shall remove the names and other personal identifying information from the data before the reports are published.

C. No liability shall be imposed upon any law-enforcement official who disseminates information or fails to disseminate information in good faith compliance with the requirements of this section, but this provision shall not be construed to grant immunity for gross negligence or willful misconduct.

2020, cc. 887 , 888 ; 2021, Sp. Sess. I, c. 461 ; 2026, c. 935 .
Va. Code Ann. § 19.2-163.04 — Virginia Code / Title 19.2 / Chapter 10 / Article 3.1 / Section 19.2-163.04
Public defender offices
Status: in_force

Public defender offices are established in:

a. The City of Virginia Beach;

b. The City of Petersburg;

c. The Cities of Buena Vista, Lexington, Staunton, and Waynesboro and the Counties of Augusta and Rockbridge;

d. The City of Roanoke;

e. The City of Portsmouth;

f. The City of Richmond;

g. The Counties of Clarke, Frederick, Page, Shenandoah, and Warren, and the City of Winchester;

h. The City and County of Fairfax;

i. The City of Alexandria;

j. The City of Radford and the Counties of Bland, Pulaski, and Wythe;

k. The Counties of Fauquier, Loudoun, and Rappahannock;

l. The City of Suffolk;

m. The City of Franklin and the Counties of Isle of Wight and Southampton;

n. The County of Bedford;

o. The City of Danville;

p. The Counties of Halifax, Lunenburg, and Mecklenburg;

q. The City of Fredericksburg and the Counties of King George, Stafford, and Spotsylvania;

r. The City of Lynchburg;

s. The City of Martinsville and the Counties of Henry and Patrick;

t. The City of Charlottesville and the County of Albemarle;

u. The City of Norfolk;

v. The County of Arlington and the City of Falls Church;

w. The City of Newport News;

x. The City of Chesapeake;

y. The City of Hampton;

z. The Cities of Manassas and Manassas Park and the County of Prince William;

aa. The County of Chesterfield; and

ab. The City of Harrisonburg and the County of Rockingham.

2004, cc. 884 , 921 ; 2004, Sp. Sess. I, c. 4 , cl. 2 ; 2005, c. 951 ; 2006, Sp. Sess. I, c. 2 ; 2016, cc. 164 , 312 ; 2020, cc. 348 , 376 ; 2021, Sp. Sess. I, c. 341 ; 2024, c. 313 .
Va. Code Ann. § 19.2-38 — Virginia Code / Title 19.2 / Chapter 3 / Article 3 / Section 19.2-38
Probationary period; compensation and benefits; vacancies; revocation of appointment
Status: in_force

Persons appointed as magistrates under the provisions of this chapter shall serve at the pleasure of the Executive Secretary. Upon appointment by the Executive Secretary, every magistrate shall serve initially for a nine-month probationary period during which the magistrate must complete the minimum training program as established by the Committee on District Courts and satisfactorily complete a certification examination. Any magistrate who fails to successfully pass the certification examination shall not serve beyond the nine-month probationary period. The probationary period described in this section shall not apply to any magistrate serving on July 1, 2008, who has successfully completed the minimum training program and passed the certification examination, provided there is no break in service after July 1, 2008. Magistrates shall be entitled to compensation and other benefits only from the time they take office.

Code 1950, § 19.1-386; 1973, c. 545; 1974, c. 484; 1975, c. 495; 1980, c. 505; 2004, c. 370 ; 2008, cc. 551 , 691 .
Va. Code Ann. § 19.2-102 — Virginia Code / Title 19.2 / Chapter 8 / Article 2 / Section 19.2-102
In what cases bail allowed; conditions of bond
Status: in_force

Unless the offense with which the prisoner is charged is shown to be an offense punishable by life imprisonment under the laws of the state in which it was committed, any judge, magistrate or other person authorized by law to admit persons to bail in the Commonwealth may admit the person arrested to bail by bond, with sufficient sureties, and in such sum as he deems proper, conditioned upon his appearance before a judge at a time specified in such bond and upon his surrender for arrest upon the warrant of the Governor of the Commonwealth.

Code 1950, § 19.1-66; 1960, c. 366; 1975, c. 495; 2021, Sp. Sess. I, cc. 344 , 345 .
Va. Code Ann. § 19.2-129 — Virginia Code / Title 19.2 / Chapter 9 / Article 1 / Section 19.2-129
Power of court to punish for contempt
Status: in_force

Nothing in this chapter shall interfere with or prevent the exercise by any court of the Commonwealth of its power to punish for contempt, except that a person shall not be sentenced for contempt and under the provisions of § 19.2-128 for the same absence.

Code 1950, § 19.1-109.8; 1973, c. 485; 1975, c. 495.
Va. Code Ann. § 19.2-81 — Virginia Code / Title 19.2 / Chapter 7 / Section 19.2-81
Arrest without warrant authorized in certain cases
Status: in_force

A. The following officers shall have the powers of arrest as provided in this section:

1. Members of the State Police force of the Commonwealth;

2. Sheriffs of the various counties and cities, and their deputies;

3. Members of any county police force or any duly constituted police force of any city or town of the Commonwealth;

4. The Commissioner, members and employees of the Marine Resources Commission granted the power of arrest pursuant to § 28.2-900 ;

5. Regular conservation police officers appointed pursuant to § 29.1-200 ;

6. United States Coast Guard and United States Coast Guard Reserve commissioned, warrant, and petty officers authorized under § 29.1-205 to make arrests;

7. Conservation officers appointed pursuant to § 10.1-115 ;

8. Full-time sworn members of the enforcement division of the Department of Motor Vehicles appointed pursuant to § 46.2-217 ;

9. Special agents of the Virginia Alcoholic Beverage Control Authority or the Virginia Cannabis Control Authority;

10. Campus police officers appointed under Article 3 (§ 23.1-809 et seq.) of Chapter 8 of Title 23.1; and

11. Members of the Division of Capitol Police.

B. Such officers may arrest without a warrant any person who commits any crime in the presence of the officer and any person whom he has reasonable grounds or probable cause to suspect of having committed a felony not in his presence.

Such officers may arrest without a warrant any person whom the officer has probable cause to suspect of operating any watercraft or motorboat while (i) intoxicated in violation of subsection B of § 29.1-738 or a substantially similar ordinance of any county, city, or town in the Commonwealth or (ii) in violation of an order issued pursuant to § 29.1-738.4 and may thereafter transfer custody of the person arrested to another officer, who may obtain a warrant based upon statements made to him by the arresting officer.

C. Any such officer may, at the scene of any accident involving a motor vehicle, watercraft as defined in § 29.1-733.2 or motorboat, or at any hospital or medical facility to which any person involved in such accident has been transported, or in the apprehension of any person charged with the theft of any motor vehicle, on any of the highways or waters of the Commonwealth, upon reasonable grounds to believe, based upon personal investigation, including information obtained from eyewitnesses, that a crime has been committed by any person then and there present, apprehend such person without a warrant of arrest. For purposes of this section, "the scene of any accident" shall include a reasonable location where a vehicle or person involved in an accident has been moved at the direction of a law-enforcement officer to facilitate the clearing of the highway or to ensure the safety of the motoring public.

D. Such officers may, within three hours of the alleged offense, arrest without a warrant at any location any person whom the officer has probable cause to suspect of driving or operating a motor vehicle, watercraft or motorboat while intoxicated in violation of § 18.2-266 , 18.2-266.1 , 46.2-341.24 , or subsection B of § 29.1-738 ; or a substantially similar ordinance of any county, city, or town in the Commonwealth, whether or not the offense was committed in such officer's presence. Such officers may, within three hours of the alleged offense, arrest without a warrant at any location any person whom the officer has probable cause to suspect of operating a watercraft or motorboat in violation of an order issued pursuant to § 29.1-738.4 , whether or not the offense was committed in such officer's presence.

E. Such officers may arrest, without a warrant or a capias, persons duly charged with a crime in another jurisdiction upon receipt of a photocopy of a warrant or a capias, telegram, computer printout, facsimile printout, a radio, telephone or teletype message, in which photocopy of a warrant, telegram, computer printout, facsimile printout, radio, telephone or teletype message shall be given the name or a reasonably accurate description of such person wanted and the crime alleged.

F. Such officers may arrest, without a warrant or a capias, for an alleged misdemeanor not committed in his presence when the officer receives a radio message from his department or other law-enforcement agency within the Commonwealth that a warrant or capias for such offense is on file.

G. Such officers may also arrest without a warrant for an alleged misdemeanor not committed in their presence involving (i) shoplifting in violation of § 18.2-96 or 18.2-103 or a similar local ordinance, (ii) carrying a weapon on school property in violation of § 18.2-308.1 , (iii) assault and battery, (iv) brandishing a firearm in violation of § 18.2-282 , or (v) destruction of property in violation of § 18.2-137 , when such property is located on premises used for business or commercial purposes, or a similar local ordinance, when any such arrest is based on probable cause upon reasonable complaint of the person who observed the alleged offense. The arresting officer may issue a summons to any person arrested under this section for a misdemeanor violation involving shoplifting.

Code 1950, § 19.1-100; 1960, c. 366; 1974, c. 241; 1975, c. 495; 1976, cc. 515, 570; 1977, c. 97; 1979, c. 268; 1982, c. 272; 1983, c. 206; 1984, c. 534; 1985, c. 507; 1988, cc. 353, 744, 752, 853; 1989, c. 726; 1990, cc. 635, 744, 784; 1995, c. 465 ; 1996, cc. 866 , 929 , 1015 ; 1998, c. 684 ; 2004, c. 949 ; 2005, cc. 88 , 435 ; 2008, cc. 460 , 737 ; 2010, c. 840 ; 2011, cc. 510 , 643 ; 2012, c. 776 ; 2013, c. 787 ; 2014, c. 543 ; 2015, cc. 38 , 730 ; 2017, c. 208 ; 2026, Sp. Sess. I, c. 1 .
Va. Code Ann. § 19.2-298.02 — Virginia Code / Title 19.2 / Chapter 18 / Article 1 / Section 19.2-298.02
(Effective until December 1, 2026) Deferred disposition in a criminal case
Status: in_force

A. A trial court presiding in a criminal case may, with the agreement of the defendant and the Commonwealth, after any plea or trial, with or without a determination, finding, or pronouncement of guilt, and notwithstanding the entry of a conviction order, upon consideration of the facts and circumstances of the case, including (i) mitigating factors relating to the defendant or the offense, (ii) the request of the victim, or (iii) any other appropriate factors, defer proceedings, defer entry of a conviction order, if none, or defer entry of a final order, and continue the case for final disposition, on such reasonable terms and conditions as may be agreed upon by the parties and placed on the record, or if there is no agreement, as may be imposed by the court. Final disposition may include (a) conviction of the original charge, (b) conviction of an alternative charge, or (c) dismissal of the proceedings.

B. Upon violation of a term or condition, the court may enter an adjudication of guilt, if not already entered, and make any final disposition of the case provided by subsection A. Upon fulfillment of the terms and conditions, the court shall adjudicate the matter consistent with the agreement of the parties or, if none, by conviction of an alternative charge or dismissal of the case.

C. By consenting to and receiving a deferral of proceedings or a deferral of entry of a final order of guilt and fulfilling the conditions as specified by the court as provided by subsection A, the defendant waives his right to appeal such entry of a final order of guilt.

Prior to granting a deferral of proceedings, a deferral of entry of a conviction order, if none, or a deferral of a final order, the court shall notify the defendant that he would be waiving his rights to appeal any final order of guilt if such deferral is granted.

D. Upon agreement of all parties, a charge that is dismissed pursuant to this section, including an original charge that was reduced or a charge that is dismissed after a plea or stipulation of the facts that would justify a finding of guilt, may be considered as otherwise dismissed for purposes of expungement of police and court records in accordance with § 19.2-392.2 , and such agreement of all parties and expungement eligibility may be indicated in the final disposition order.

2020, Sp. Sess. I, cc. 20 , 21 ; 2024, c. 755 .
Va. Code Ann. § 19.2-198 — Virginia Code / Title 19.2 / Chapter 13 / Article 2 / Section 19.2-198
When new foreman or juror may be sworn in
Status: in_force

If the foreman or any grand juror, at any time after being sworn, fail or be unable to attend another may be sworn in his stead.

Code 1950, § 19.1-153; 1960, c. 366; 1975, c. 495.
Va. Code Ann. § 19.2-342 — Virginia Code / Title 19.2 / Chapter 21 / Article 1 / Section 19.2-342
Where and in what court proceeding to be
Status: in_force

In a proceeding under § 19.2-341 , such warrant, presentment, indictment or information shall be in the county or city wherein the offense was committed or the delinquency occurred.

Code 1950, § 19.1-325; 1960, c. 366; 1975, c. 495.
Va. Code Ann. § 19.2-222 — Virginia Code / Title 19.2 / Chapter 14 / Article 2 / Section 19.2-222
Repealed
Status: repealed

Repealed by Acts 1996, c. 676 .
Va. Code Ann. § 19.2-163.1 — Virginia Code / Title 19.2 / Chapter 10 / Article 4 / Section 19.2-163.1
Repealed
Status: repealed

Repealed by Acts 2004, cc. 884 and 921 .
Va. Code Ann. § 19.2-386.26 — Virginia Code / Title 19.2 / Chapter 22.2 / Section 19.2-386.26
Seizure and forfeiture of drug paraphernalia
Status: in_force

All drug paraphernalia as defined in Article 1.1 (§ 18.2-265.1 et seq.) of Chapter 7 of Title 18.2 shall be forfeited to the Commonwealth and may be seized and disposed of in the same manner as provided in § 19.2-386.23 , subject to the rights of an innocent lienor, to be recognized as under § 19.2-386.8 .

1981, c. 598, § 18.2-265.4; 1993, c. 866; 2004, c. 995 ; 2012, cc. 283 , 756 .
Va. Code Ann. § 19.2-295.3 — Virginia Code / Title 19.2 / Chapter 18 / Article 1 / Section 19.2-295.3
Admission of victim impact testimony
Status: in_force

Whether by trial or upon a plea of guilty, upon a finding that the defendant is guilty of a felony, the court shall permit the victim, as defined in § 19.2-11.01 , upon motion of the attorney for the Commonwealth, to testify in the presence of the accused regarding the impact of the offense upon the victim. The court shall limit the victim's testimony to the factors set forth in clauses (i) through (vi) of subsection A of § 19.2-299.1 . In the case of trial by jury and when the accused has requested the jury to ascertain punishment as provided in subsection A of § 19.2-295 , the court shall permit the victim to testify at the sentencing hearing conducted pursuant to § 19.2-295.1 . In all other cases of trial by jury, the case of trial by the court, or the case of a guilty plea, the court shall permit the victim to testify before the court prior to the imposition of the sentence by the presiding judge.

1998, c. 485 ; 2004, c. 310 ; 2020, Sp. Sess. I, c. 43 ; 2021, Sp. Sess. I, cc. 344 , 345 .
Va. Code Ann. § 19.2-99 — Virginia Code / Title 19.2 / Chapter 8 / Article 2 / Section 19.2-99
Arrest prior to requisition
Status: in_force

A. Whenever: (1) any person within this Commonwealth shall be charged on the oath of any credible person before any judge, magistrate or other officer authorized to issue criminal warrants in this Commonwealth with the commission of any crime in any other state and, except in cases arising under § 19.2-91 , (a) with having fled from justice, (b) with having been convicted of a crime in that state and of having escaped from confinement, or (c) of having broken the terms of his bail, probation, or parole, or (2) complaint shall have been made before any such judge, magistrate or other officer in this Commonwealth setting forth on the affidavit of any credible person in another state that a crime has been committed in such other state and that the accused has been charged in such state with the commission of the crime, and, except in cases arising under § 19.2-91 , (a) has fled from justice, (b) having been convicted of a crime in that state has escaped from confinement, or (c) broken the terms of his bail, probation or parole, and that the accused is believed to be in this Commonwealth, such judge, magistrate or other officer shall issue a warrant directed to any sheriff or to any peace officer commanding him to apprehend the person named therein, wherever he may be found in this Commonwealth, and to bring him before any judge who may be available in or convenient of access to the place where the arrest may be made, to answer the charge of complaint and affidavit. A certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.

B. No warrant shall be issued under subsection A for a person charged with a criminal violation of the laws of another state that involves a protected health care activity as defined in § 32.1-377 unless the affidavit required by subsection A includes an attestation that complies fully with the provisions of subsection C of § 19.2-87.1.

Code 1950, § 19.1-63; 1960, c. 366; 1975, c. 495; 2026, c. 905 .
Va. Code Ann. § 19.2-152.4:3 — Virginia Code / Title 19.2 / Chapter 9 / Article 5 / Section 19.2-152.4:3
Duties and responsibilities of local pretrial services officers
Status: in_force

A. Each local pretrial services officer, for the jurisdictions served, shall:

1. Investigate and conduct a risk assessment of defendants arrested on state and local warrants and who are detained in jails located in jurisdictions served by the agency while awaiting a hearing before any court that is considering or reconsidering bail, at initial appearance, advisement or arraignment, or at other subsequent hearings;

2. Present a pretrial investigation report with recommendations to assist courts in discharging their duties related to granting or reconsidering bail;

3. Supervise and assist all defendants residing within the jurisdictions served and placed on pretrial supervision by any judicial officer within the jurisdictions to ensure compliance with the terms and conditions of bail;

4. Conduct random drug and alcohol tests on any defendant under supervision for whom a judicial officer has ordered testing or who has been required to refrain from excessive use of alcohol or use of any illegal drug or controlled substance or other defendant-specific condition of bail related to alcohol or substance abuse;

5. Seek a capias from any judicial officer pursuant to § 19.2-152.4:1 for any defendant placed under supervision or the custody of the agency who fails to comply with the conditions of bail or supervision, when continued liberty or noncompliance presents a risk of flight, a risk to public safety or risk to the defendant;

6. Seek an order to show cause why the defendant should not be required to appear before the court in those cases requiring a subsequent hearing before the court;

7. Provide defendant-based information to assist any law-enforcement officer with the return to custody of defendants placed on supervision for which a capias has been sought; and

8. Keep such records and make such reports as required by the Commonwealth of Virginia Department of Criminal Justice Services.

B. Each local pretrial services officer, for the jurisdictions served, may provide the following optional services, including conducting defendant interviews, as appropriate and when available resources permit:

1. Conduct, subject to court approval, drug and alcohol screenings, or tests at investigation pursuant to subsection B of § 19.2-123 or following release to supervision, and conduct or facilitate the preparation of screenings or assessments or both pursuant to state approved protocols;

2. Facilitate placement of defendants in a substance abuse education or treatment program or services or other education or treatment service, including referral to screening for participation in a behavioral health docket that has been established in accordance with § 18.2-254.3 as a treatment service, when ordered as a condition of bail;

3. Sign for the custody of any defendant investigated by a pretrial services officer, and released by a court to pretrial supervision as the sole term and condition of bail or when combined with an unsecured bond;

4. Provide defendant information and investigation services for those who are detained in jails located in jurisdictions served by the agency and are awaiting an initial bail hearing before a magistrate;

5. Supervise defendants placed by any judicial officer on home electronic monitoring as a condition of bail and supervision;

6. Prepare, for defendants investigated, the financial statement-eligibility determination form for indigent defense services; and

7. Subject to approved procedures and if so requested by the court, coordinate for defendants investigated, services for court-appointed counsel and for interpreters for foreign-language speaking and deaf or hard of hearing defendants.

2003, c. 603 ; 2007, c. 133 ; 2008, cc. 551 , 691 ; 2019, c. 288 ; 2022, c. 327 ; 2026, c. 526 .
Va. Code Ann. § 19.2-206 — Virginia Code / Title 19.2 / Chapter 13 / Article 3 / Section 19.2-206
When impanelled
Status: in_force

A. Special grand juries may be impanelled by a circuit court (i) at any time upon its own motion, (ii) upon recommendation of a minority of the members of a regular grand jury that a special grand jury be impanelled, to perform the functions provided for in subdivision (2) of § 19.2-191 , or (iii) upon request of the attorney for the Commonwealth to investigate and report on any condition that involves or tends to promote criminal activity and consider bills of indictment to determine whether there is sufficient probable cause to return each such indictment as a "true bill."

B. A special grand jury shall be impanelled by a circuit court upon the recommendation of a majority of the members of a regular grand jury if the court finds probable cause to believe that a crime has been committed which should be investigated by a special grand jury impanelled to perform the functions provided for in subdivision (2) of § 19.2-191 .

Code 1950, § 19.1-149; 1960, c. 366; 1975, c. 495; 1978, c. 741; 1980, c. 134; 1987, c. 136; 2001, c. 4 .
Va. Code Ann. § 19.2-349 — Virginia Code / Title 19.2 / Chapter 21 / Article 3 / Section 19.2-349
(Effective until January 1, 2027) Responsibility for collections; clerks to report unsatisfied fines, etc.; duty of attorneys for Commonwealth; duties of Department of Taxation
Status: in_force

A. The clerk of the circuit court and district court of every county and city shall submit to the judge of his court, the Department of Taxation, the State Compensation Board and the attorney for the Commonwealth of his county or city a monthly report of all fines, costs, forfeitures and penalties which are delinquent more than 90 days, including court-ordered restitution of a sum certain, imposed in his court for a violation of state law or a local ordinance which remain unsatisfied, including those which are delinquent in installment payments. The monthly report shall include the social security number or driver's license number of the defendant, if known, and such other information as the Department of Taxation and the Compensation Board deem appropriate. The Executive Secretary shall make the report required by this subsection on behalf of those clerks who participate in the Supreme Court's automated information system.

B. The clerk of the circuit court and district court of every county and city shall submit quarterly to the attorney for the Commonwealth of his county or city and any probation agency that serves such county or city:

1. A list of all defendants with an outstanding balance of restitution ordered by the court served by such clerk. Such report shall include the defendant's name, case number, total amount of restitution ordered, amount of restitution remaining due, and last date of payment; and

2. A list of all accounts where more than 90 days have passed since an account was sent to collections and no payments have been made toward fines, costs, forfeitures, penalties, or restitution. For accounts where restitution is owed, such report shall include the defendant's name, case number, and total amount of restitution and restitution interest due.

C. It shall be the duty of the attorney for the Commonwealth to cause proper proceedings to be instituted for the collection and satisfaction of all fines, costs, forfeitures, penalties and restitution. The attorney for the Commonwealth shall determine whether it would be impractical or uneconomical for such service to be rendered by the office of the attorney for the Commonwealth. If the defendant does not enter into an installment payment agreement under § 19.2-354 , the attorney for the Commonwealth and the clerk may agree to a process by which collection activity may be commenced 90 days after judgment.

If the attorney for the Commonwealth does not undertake collection, he shall (i) contract with private attorneys or private collection agencies, (ii) enter into an agreement with a local governing body, (iii) enter into an agreement with the county or city treasurer, or (iv) use the services of the Department of Taxation, upon such terms and conditions as may be established by guidelines promulgated by the Office of the Attorney General, the Executive Secretary of the Supreme Court with the Department of Taxation and the Compensation Board. At least 30 days prior to the execution of a contract pursuant to clause (i), the attorney for the Commonwealth shall consult with the clerk of the circuit court. Such consultation is not required when the attorney for the Commonwealth enters into an agreement pursuant to clause (ii), (iii), or (iv). If the attorney for the Commonwealth undertakes collection, he shall follow the procedures established by the Department of Taxation and the Compensation Board. Such guidelines shall not supersede contracts between attorneys for the Commonwealth and private attorneys and collection agencies when active collection efforts are being undertaken. As part of such contract, private attorneys or collection agencies shall be given access to the social security number of the defendant in order to assist in the collection effort. Any such private attorney shall be subject to the penalties and provisions of § 18.2-186.3 .

The fees of any private attorneys or collection agencies shall be paid on a contingency fee basis out of the proceeds of the amounts collected. However, in no event shall such attorney or collection agency receive a fee for amounts collected by the Department of Taxation under the Setoff Debt Collection Act (§ 58.1-520 et seq.). A local treasurer undertaking collection pursuant to an agreement with the attorney for the Commonwealth may collect the administrative fee authorized by § 58.1-3958 .

D. The Department of Taxation and the State Compensation Board shall be responsible for the collection of any judgment which remains unsatisfied or does not meet the conditions of § 19.2-354 . Persons owing such unsatisfied judgments or failing to comply with installment payment agreements under § 19.2-354 shall be subject to the delinquent tax collection provisions of Title 58.1. The Department of Taxation and the State Compensation Board shall establish procedures to be followed by clerks of courts, attorneys for the Commonwealth, other state agencies and any private attorneys or collection agents and may employ private attorneys or collection agencies, or engage other state agencies to collect the judgment. The Department of Taxation and the Commonwealth shall be entitled to deduct a fee for services from amounts collected for violations of local ordinances.

The Department of Taxation and the State Compensation Board shall annually report to the Governor and the General Assembly the total of fines, costs, forfeitures and penalties assessed, collected, and unpaid and those which remain unsatisfied or do not meet the conditions of § 19.2-354 by each circuit and district court. The report shall include the procedures established by the Department of Taxation and the State Compensation Board pursuant to this section and a plan for increasing the collection of unpaid fines, costs, forfeitures and penalties. The Auditor of Public Accounts shall annually report to the Governor, the Executive Secretary of the Supreme Court and the General Assembly as to the adherence of clerks of courts, attorneys for the Commonwealth and other state agencies to the procedures established by the Department of Taxation and the State Compensation Board.

The Office of the Executive Secretary of the Supreme Court shall annually report to the Governor, the General Assembly, the Chairmen of the House and Senate Committees for Courts of Justice, and the Virginia State Crime Commission on the total of restitution assessed, collected, and unpaid for each circuit and district court and the total of restitution collected and deposited into the Criminal Injuries Compensation Fund pursuant to subsection I of § 19.2-305.1 by each circuit and district court.

E. The provisions of this section shall not apply to any orders of restitution docketed in the name of the victim or when it is ordered that an assignment of the judgment for restitution to the victim be docketed.

Code 1950, § 19.1-341.2; 1960, c. 366; 1975, c. 495; 1979, c. 469; 1983, cc. 415, 499; 1988, cc. 742, 750, 770, 852; 1991, c. 202; 1992, c. 623; 1993, c. 269; 1994, cc. 841 , 945 ; 2001, c. 414 ; 2003, c. 262 ; 2006, c. 359 ; 2007, c. 551 ; 2012, c. 615 ; 2017, cc. 786 , 802 , 806 , 814 ; 2018, cc. 724 , 725 ; 2021, Sp. Sess. I, cc. 190 , 393 ; 2024, c. 518 .
Va. Code Ann. § 19.2-327.12 — Virginia Code / Title 19.2 / Chapter 19.3 / Section 19.2-327.12
Determination by Court of Appeals for findings of fact by the circuit court
Status: in_force

If the Court of Appeals determines from the petition, from any hearing on the petition, from a review of the records of the case, or from any response from the Attorney General that a resolution of the case requires further development of the facts, the court may order the circuit court in which the order of conviction or the adjudication of delinquency was originally entered to conduct a hearing within 90 days after the order has been issued to certify findings of fact with respect to such issues as the Court of Appeals shall direct. The record and certified findings of fact of the circuit court shall be filed in the Court of Appeals within 30 days after the hearing is concluded. The petitioner or his attorney of record, the attorney for the Commonwealth and the Attorney General shall be served a copy of the order stating the specific purpose and evidence for which the hearing has been ordered.

2004, c. 1024 ; 2013, c. 170 .
Va. Code Ann. § 19.2-310.3:1 — Virginia Code / Title 19.2 / Chapter 18 / Article 1.1 / Section 19.2-310.3:1
Procedures for taking saliva or tissue sample for DNA analysis
Status: in_force

A. Each sample required pursuant to § 19.2-310.2:1 from persons arrested shall be taken before release from custody at such place as is designated by the law-enforcement agency responsible for arrest booking in the jurisdiction. Samples shall be taken in accordance with procedures adopted by the Department of Forensic Science. The sample shall be sealed and secured to prevent tampering with the contents and be accompanied by a copy of the arrest warrant or capias. The agency submitting the sample shall provide information pertaining to the sample by (i) logging such information into the Department of Forensic Science DNA data bank sample tracking system at the time of collection or (ii) submitting such information to the Department of Forensic Science along with the sample. The steps herein set forth relating to the taking, handling, identification, and disposition of saliva or tissue samples are procedural and not substantive. The sample shall be mailed or transported to the Department of Forensic Science not more than 15 days following withdrawal and shall be analyzed and stored in the DNA data bank in accordance with §§ 19.2-310.4 and 19.2-310.5 .

B. Substantial compliance therewith shall be deemed to be sufficient. If a sample from the individual is stored in the data bank as indicated by the Department of Forensic Science DNA data bank sample tracking system, no additional sample shall be taken. No civil liability shall attach to any person authorized to take saliva or tissue as provided herein as a result of the act of taking saliva or tissue from any person submitting thereto, provided the saliva or tissue was taken according to recognized medical procedures. However, no person shall be relieved from liability for negligence in the taking of any saliva or tissue sample.

2002, cc. 753 , 773 ; 2003, c. 150 ; 2005, cc. 868 , 881 ; 2022, cc. 41 , 42 .
Va. Code Ann. § 19.2-184 — Virginia Code / Title 19.2 / Chapter 12 / Section 19.2-184
Witnesses may be separated (Subsection (a) of Supreme Court Rule 2:615 derived in part from this section)
Status: in_force

While a witness is under such examination all other witnesses may by order of the judge be excluded from the place of examination and kept separate from each other.

Code 1950, § 19.1-104; 1960, c. 366; 1968, c. 639; 1975, c. 495.
Va. Code Ann. § 19.2-263.2 — Virginia Code / Title 19.2 / Chapter 15 / Article 4 / Section 19.2-263.2
Jury instructions
Status: in_force

A proposed jury instruction submitted by a party, which constitutes an accurate statement of the law applicable to the case, shall not be withheld from the jury solely for its nonconformance with model jury instructions.

1992, c. 522.
Va. Code Ann. § 19.2-193 — Virginia Code / Title 19.2 / Chapter 13 / Article 2 / Section 19.2-193
Number of regular grand juries
Status: in_force

There shall be a regular grand jury at each term of the circuit court of each county and city, unless the court, on the motion of the attorney for the Commonwealth or with his concurrence, finds that it is unnecessary or impractical to impanel a grand jury for the particular term and enters an order to that effect.

Whenever the number of cases to be considered by the grand jury at a given term is so great as to hamper the intelligent consideration thereof by a single grand jury, the court may order two or more regular grand juries to be impanelled to sit separately at the same or a different time during the term.

Whenever a regular grand jury has been discharged, the court, during the term, may impanel another regular grand jury.

Code 1950, § 19.1-147; 1960, c. 366; 1975, c. 495.
Va. Code Ann. § 19.2-94 — Virginia Code / Title 19.2 / Chapter 8 / Article 2 / Section 19.2-94
Assistance to arresting officer
Status: in_force

Every officer or other person empowered to make the arrest, as provided in the preceding section, shall have the same authority, in arresting the accused, to command assistance therein as the sheriffs and sergeants of the several counties and cities of this Commonwealth have by law in the execution of any criminal process directed to them, with like penalties against those who refuse to render their assistance.

Code 1950, § 19.1-58; 1960, c. 366; 1975, c. 495.
Va. Code Ann. § 19.2-10.2 — Virginia Code / Title 19.2 / Chapter 1 / Section 19.2-10.2
Administrative subpoena issued for record from provider of electronic communication service or remote computing service
Status: in_force

A. A provider of electronic communication service or remote computing service that is transacting or has transacted any business in the Commonwealth shall disclose a record or other information pertaining to a subscriber to or customer of such service, excluding the contents of electronic communications as required by § 19.2-70.3 , to an attorney for the Commonwealth or the Attorney General pursuant to an administrative subpoena issued under this section.

1. In order to obtain such records or other information, the attorney for the Commonwealth or the Attorney General shall certify on the face of the subpoena that there is reason to believe that the records or other information being sought are relevant to a legitimate law-enforcement investigation concerning violations of §§ 18.2-47 , 18.2-48 , 18.2-49 , 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 , 18.2-357 , 18.2-374.1 , and 18.2-374.1:1 , former § 18.2-374.1:2 , and § 18.2-374.3 .

2. Upon written certification by the attorney for the Commonwealth or the Attorney General that there is a reason to believe that the victim is under the age of 18 and that notification or disclosure of the existence of the subpoena will endanger the life or physical safety of an individual, or lead to flight from prosecution, the destruction of or tampering with evidence, the intimidation of potential witnesses, or otherwise seriously jeopardize an investigation, the subpoena shall include a provision ordering the service provider not to notify or disclose the existence of the subpoena to another person, other than an attorney to obtain legal advice, for a period of 30 days after the date on which the service provider responds to the subpoena.

3. On a motion made promptly by the electronic communication service or remote computing service provider, a court of competent jurisdiction may quash or modify the administrative subpoena if the records or other information requested are unusually voluminous in nature or if compliance with the subpoena would otherwise cause an undue burden on the service provider.

B. All records or other information received by an attorney for the Commonwealth or the Attorney General pursuant to an administrative subpoena issued under this section shall be used only for a reasonable length of time not to exceed 30 days and only for a legitimate law-enforcement purpose. Upon completion of the investigation, the records or other information held by the attorney for the Commonwealth or the Attorney General shall be destroyed if no prosecution is initiated. The existence of such a subpoena shall be disclosed upon motion of an accused.

C. No cause of action shall lie in any court against an electronic communication service or remote computing service provider, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of an administrative subpoena issued under this section.

D. Records or other information pertaining to a subscriber to or customer of such service means name, address, local and long distance telephone connection records, or records of session times and durations, length of service, including start date, and types of service utilized, telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address, and means and source of payment for such service.

E. Nothing in this section shall require the disclosure of information in violation of any federal law.

2007, cc. 802 , 814 ; 2014, c. 166 ; 2015, cc. 544 , 625 ; 2019, c. 458 ; 2021, Sp. Sess. I, c. 188 .
Va. Code Ann. § 19.2-169.8 — Virginia Code / Title 19.2 / Chapter 11 / Section 19.2-169.8
Orders for evaluation or treatment; duties of clerk; copies
Status: in_force

A. Whenever a court orders an evaluation pursuant to § 19.2-168.1 , 19.2-169.1 , or 19.2-169.5 or orders treatment pursuant to § 19.2-169.2 or 19.2-169.6 , the clerk of the court shall provide a copy of the order to the appointed evaluator or to the director of the community services board, behavioral health authority, or hospital named in the order as soon as practicable but no later than the close of business on the next business day following entry of the order. The party requesting the evaluation pursuant to § 19.2-168.1 , 19.2-169.1 , or 19.2-169.5 , the attorney for the Commonwealth if treatment is ordered pursuant to § 19.2-169.2 , or the petitioner if treatment is ordered pursuant to § 19.2-169.6 shall be responsible for providing to the court the name, address, and other contact information for the appointed evaluator or the director of the community services board, behavioral health authority, or hospital unless the court or clerk already has this information. The appointed evaluator or the director of the community services board, behavioral health authority, or hospital shall acknowledge receipt of the order to the clerk of the court on a form developed by the Office of the Executive Secretary of the Supreme Court of Virginia as soon as practicable but no later than the close of business on the next business day following receipt of the order. The clerk shall also provide a copy of the order to the Department of Behavioral Health and Developmental Services.

B. No person shall be liable for any act or omission relating to the performance of any requirement set forth in subsection A unless the person was grossly negligent or engaged in willful misconduct.

2016, cc. 446 , 449 ; 2022, cc. 74 , 75 .
Va. Code Ann. § 19.2-215.1 — Virginia Code / Title 19.2 / Chapter 13 / Article 4 / Section 19.2-215.1
Functions of a multi-jurisdiction grand jury
Status: in_force

The functions of a multi-jurisdiction grand jury are:

1. To investigate any condition that involves or tends to promote criminal violations of:

a. Title 10.1 for which punishment as a felony is authorized;

b. Section 13.1-520 ;

c. Sections 18.2-47 and 18.2-48 ;

d. Sections 18.2-111 and 18.2-112 ;

e. Article 6 (§ 18.2-59 et seq.) of Chapter 4 of Title 18.2;

f. Article 7.1 (§ 18.2-152.1 et seq.) of Chapter 5 of Title 18.2;

g. Article 1 (§ 18.2-247 et seq.) and Article 1.1 (§ 18.2-265.1 et seq.) of Chapter 7 of Title 18.2;

h. Article 1 (§ 18.2-325 et seq.) and Article 1.1:1 (§ 18.2-340.15 et seq.) of Chapter 8 of Title 18.2, Chapter 29 (§ 59.1-364 et seq.) of Title 59.1 or any other provision prohibiting, limiting, regulating, or otherwise affecting gaming or gambling activity;

i. Section 18.2-434 , when violations occur before a multi-jurisdiction grand jury;

j. Article 2 (§ 18.2-438 et seq.) and Article 3 (§ 18.2-446 et seq.) of Chapter 10 of Title 18.2;

k. Section 18.2-460 for which punishment as a felony is authorized;

l. Article 1.1 (§ 18.2-498.1 et seq.) of Chapter 12 of Title 18.2;

m. Article 1 (§ 32.1-310 et seq.) of Chapter 9 of Title 32.1;

n. Chapter 4.2 (§ 59.1-68.6 et seq.) of Title 59.1;

o. Article 9 (§ 3.2-6570 et seq.) of Chapter 65 of Title 3.2;

p. Article 1 (§ 18.2-30 et seq.) of Chapter 4 of Title 18.2;

q. Article 2.1 (§ 18.2-46.1 et seq.) and Article 2.2 (§ 18.2-46.4 et seq.) of Chapter 4 of Title 18.2;

r. Article 5 (§ 18.2-186 et seq.) and Article 6 (§ 18.2-191 et seq.) of Chapter 6 of Title 18.2;

s. Chapter 6.1 (§ 59.1-92.1 et seq.) of Title 59.1;

t. Section 18.2-178 where the violation involves insurance fraud;

u. Section 18.2-346.01 , 18.2-348 , or 18.2-349 for which punishment as a felony is authorized or § 18.2-355 , 18.2-356 , 18.2-357 , or 18.2-357.1 ;

v. Article 9 (§ 18.2-246.1 et seq.) of Chapter 6 of Title 18.2;

w. Article 2 (§ 18.2-38 et seq.) of Chapter 4 of Title 18.2;

x. Malicious felonious assault and malicious bodily wounding under Article 4 (§ 18.2-51 et seq.) of Chapter 4 of Title 18.2;

y. Article 5 (§ 18.2-58 et seq.) of Chapter 4 of Title 18.2;

z. Felonious sexual assault under Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2;

aa. Arson in violation of § 18.2-77 when the structure burned was occupied or a Class 3 felony violation of § 18.2-79 ;

ab. Chapter 13 (§ 18.2-512 et seq.) of Title 18.2;

ac. Section 18.2-246.14 and Chapter 10 (§ 58.1-1000 et seq.) of Title 58.1;

ad. Subsection A or B of § 18.2-57 where the victim was selected because of his race, religious conviction, gender, disability, gender identity, sexual orientation, color, or national origin;

ae. Section 18.2-121 for which punishment as a felony is authorized;

af. Article 5 (§ 18.2-420 et seq.) of Chapter 9 of Title 18.2;

ag. §§ 18.2-178.1 and 18.2-178.2 ;

ah. § 18.2-369 ; and

ai. Any other provision of law when such condition is discovered in the course of an investigation that a multi-jurisdiction grand jury is otherwise authorized to undertake and to investigate any condition that involves or tends to promote any attempt, solicitation, or conspiracy to violate the laws enumerated in this section.

2. To report evidence of any criminal offense enumerated in subdivision 1 and for which a court reporter has recorded all oral testimony as provided by § 19.2-215.9 to the attorney for the Commonwealth or United States attorney of any jurisdiction where such offense could be prosecuted or investigated, or to the chief law-enforcement officer of any jurisdiction where such offense could be prosecuted or investigated, or to a sworn investigator designated pursuant to § 19.2-215.6 , or, when appropriate, to the Attorney General.

3. To consider bills of indictment prepared by a special counsel to determine whether there is sufficient probable cause to return each such indictment as a "true bill." Only bills of indictment which allege an offense enumerated in subdivision 1 may be submitted to a multi-jurisdiction grand jury.

4. The provisions of this section shall not abrogate the authority of an attorney for the Commonwealth in a particular jurisdiction to determine the course of a prosecution in that jurisdiction.

1983, c. 543; 1991, c. 616; 1995, c. 552 ; 2000, c. 359 ; 2002, cc. 588 , 623 ; 2004, cc. 396 , 435 ; 2008, c. 704 ; 2009, c. 491 ; 2011, c. 504 ; 2013, cc. 83 , 314 , 459 ; 2014, cc. 389 , 422 , 534 ; 2015, cc. 690 , 691 ; 2019, c. 617 ; 2020, c. 747 ; 2021, Sp. Sess. I, c. 188 ; 2024, c. 397 .
Va. Code Ann. § 19.2-368.19 — Virginia Code / Title 19.2 / Chapter 21.2 / Section 19.2-368.19
Definitions
Status: in_force

For purposes of this chapter, the following terms shall have the following meanings unless the context requires otherwise:

"Defendant" means any person who pleads guilty to, is convicted of, or is found not guilty by reason of insanity with respect to a felony resulting in physical injury to or death of another person.

"Division" means the Division of Crime Victims' Compensation.

"Interested party" means the victim, the defendant, and any transferee of proceeds due the defendant under a contract, the person with whom the defendant has contracted, the prosecuting attorney for the Commonwealth, and the Division of Crime Victims' Compensation.

"Victim" means a person who suffers personal, physical, mental, emotional, or pecuniary loss as a direct result of a crime and includes the spouse, parent, child, or sibling of the victim.

1990, c. 549; 1992, c. 681.
Va. Code Ann. § 19.2-127 — Virginia Code / Title 19.2 / Chapter 9 / Article 1 / Section 19.2-127
Conditions of release of material witness
Status: in_force

If it appears by affidavit that the testimony of a person is material in any criminal proceeding, and it reasonably appears that it will be impossible to secure his presence by a subpoena, a judge shall inquire into the conditions of his release pursuant to this article.

Code 1950, § 19.1-109.6; 1973, c. 485; 1975, c. 495; 1999, cc. 829 , 846 .
Va. Code Ann. § 19.2-309.1 — Virginia Code / Title 19.2 / Chapter 18 / Article 1 / Section 19.2-309.1
Sentence of confinement to jail farms maintained by the Cities of Danville, Martinsville and Newport News
Status: in_force

Notwithstanding any other provision of law, any person sentenced to a term of incarceration of up to two years by the courts of the Twenty-second Judicial Circuit may be confined, at the discretion of the court and subject to applicable regulations, at the farm established and maintained by the City of Danville pursuant to § 53.1-96 ; any person sentenced to such term by the Twenty-first Judicial Circuit may be so confined at the farm so established and maintained by the City of Martinsville; and any person sentenced to such term by the Seventh Judicial Circuit may be so confined at the farm so established and maintained by the City of Newport News.

1988, cc. 764, 785.
Va. Code Ann. § 19.2-138 — Virginia Code / Title 19.2 / Chapter 9 / Article 2 / Section 19.2-138
Repealed
Status: repealed

Repealed by Acts 1987, c. 670.
Va. Code Ann. § 19.2-57 — Virginia Code / Title 19.2 / Chapter 5 / Section 19.2-57
Execution and return of warrant; list of property seized
Status: in_force

The warrant shall be executed by the search of the place described in the warrant and, if property described in the warrant is found there, by the seizure of the property. The officer who seizes any property shall prepare an inventory thereof, under oath. An inventory of any seized property shall be produced before the circuit court of the county or city where the search was conducted. The officer executing the warrant shall endorse the date of execution thereon and the officer or his designee shall file the warrant, with the inventory attached (or a notation that no property was seized) and the accompanying affidavit, unless such affidavit was made by voice or videotape recording, within three days after the execution of such search warrant in the circuit court clerk's office, wherein the search was made, as provided in § 19.2-54 . Saturdays, Sundays, or any federal or state legal holiday shall not be used in computing the three-day filing period. The officer, or his designee or agent, may file the warrant, inventory, and accompanying affidavit by delivering them in person, or by mailing them certified mail, return receipt requested, or delivering them by electronically transmitted facsimile process.

Code 1950, § 19.1-87.1; 1970, c. 416; 1973, c. 11; 1975, c. 495; 1976, cc. 142, 552; 1977, c. 109; 1980, c. 573; 1984, c. 491; 2008, cc. 147 , 183 .
Va. Code Ann. § 19.2-48 — Virginia Code / Title 19.2 / Chapter 3 / Article 6 / Section 19.2-48
Audits
Status: in_force

The Auditor of Public Accounts shall audit the records of all magistrates who serve any county or city when auditing the records of the district courts of such county or city or upon request of the chief district judge of the district in which such county or city is located.

Code 1950, § 19.1-397; 1973, c. 545; 1975, c. 495; 1980, c. 195; 2008, cc. 551 , 691 .
Va. Code Ann. § 19.2-288 — Virginia Code / Title 19.2 / Chapter 17 / Article 1 / Section 19.2-288
Verdict when accused found guilty of punishable homicide
Status: in_force

If a person indicted for murder be found by the jury guilty of any punishable homicide, they shall in their verdict fix the degree thereof. The court shall ascertain the extent of the punishment to be inflicted within the bounds prescribed by §§ 18.2-30 to 18.2-36 , unless the accused has requested that the jury ascertain punishment of the offense as provided in subsection A of § 19.2-295 .

Code 1950, § 19.1-250; 1960, c. 366; 1975, c. 495; 2020, Sp. Sess. I, c. 43 .
Va. Code Ann. § 19.2-249.2 — Virginia Code / Title 19.2 / Chapter 15 / Article 2 / Section 19.2-249.2
Venue for prosecution of computer and other crimes
Status: in_force

For the purpose of venue, any violation of the Virginia Computer Crimes Act (§ 18.2-152.1 et seq.) or § 18.2-386.1 shall be considered to have been committed in any county or city:

1. In which any act was performed in furtherance of any course of conduct that violated any provision listed above;

2. In which the owner has his principal place of business in the Commonwealth;

3. In which any offender had control or possession of any proceeds of the violation or of any books, records, documents, property, financial instrument, computer software, computer program, computer data, or other material or objects that were used in furtherance of the violation;

4. From which, to which, or through which any access to a computer or computer network was made whether by wires, electromagnetic waves, microwaves, optics or any other means of communication;

5. In which the offender resides; or

6. In which any computer that is an object or an instrument of the violation is located at the time of the alleged offense.

2005, cc. 746 , 761 , 827 ; 2015, c. 423 .
Va. Code Ann. § 19.2-126 — Virginia Code / Title 19.2 / Chapter 9 / Article 1 / Section 19.2-126
Repealed
Status: repealed

Repealed by Acts 1999, cc. 829 and 846 .