House Bill 661 Death Penalty for Police Murder, 2022 January 11, 2022 January 12

12/29/20 18:12

COUMUEWNHE

2021 SESSION
INTRODUCED

21100705D
HOUSE BILL NO. 1779
Offered January 13, 2021
Prefiled December 29, 2020
A BILL to amend and reenact §§ 2.2-3705.7, 8.01-195.10, 8.01-654, 17.1-310, 17.1-406, 18.2-8, 18.2-10,
18.2-18, 18.2-19, 18.2-22, 18.2-25, 18.2-26, 18.2-30, 18.2-31, 18.2-32, 18.2-251.01, 19.2-11.01,
19.2-71, 19.2-76.1, 19.2-100, 19.2-102, 19.2-120, 19.2-152.2, 19.2-157, 19.2-159, 19.2-163,
19.2-163.01, 19.2-163.4:1, 19.2-169.3, 19.2-175, 19.2-217.1, 19.2-247, 19.2-270.4:1, 19.2-295.3, as it
is currently effective and as it shall become effective, 19.2-299, 19.2-299.1, 19.2-311, 19.2-319,
19.2-321.2, 19.2-327.1, 19.2-327.3, 19.2-327.11, 19.2-389.1, 19.2-389.3, 19.2-400, 53.1-204,
53.1-229, and 54.1-3307 of the Code of Virginia and to repeal §§ 8.01-654.1, 8.01-654.2, 17.1-313,
and 18.2-17, Article 4.1 (§§ 19.2-163.7 and 19.2-163.8) of Chapter 10 of Title 19.2, Article 4.1
(§§ 19.2-264.2 through 19.2-264.5) of Chapter 15 of Title 19.2, § 53.1-230, and Chapter 13
(§§ 53.1-232 through 53.1-236) of Title 53.1 of the Code of Virginia, relating to abolition of the
death penalty.

Be it enacted by the General Assembly of Virginia:
1, That §§ 2.2-3705.7, 8.01-195.10, 8.01-654, 17.1-310, 17.1-406, 18.2-8, 18.2-10, 18.2-18, 18.2-19,
18.2-22, 18,2-25, 18.2- 26, 18.2- 30, 18.2-31, 18.2-32, 18.2- 251.01, 19,2-11.01, 19.2-71, 19.2- 76.1,
19.2-100, 19.2-102, 19.2- 120, 19.2-152.2, 19.2- 157, 19.2-159, 19.2-163, 19.2-163.01, 19,2-163.4:1,
19.2-169. 3, 19.2-175, 19.2-217.1, 19.2-247, 19.2- 270.4: 1, 19.2-295.3, as it is currently effective and as
it shall become effective, 19.2-299, 19.2-299, 1, 19.2-311, 19.2-319, 19.2-321.2, 19.2-327.1, 19.2-327.3,
- 2-327.11, 19.2-389.1, 19.2-389.3, 19.2-400, 53.1-204, 53.1-229, and 54.1-3307 of the Code of

a are amended and reenacted as follows:

vag. 3705.7. Exclusions to application of chapter; records of specific public bodies and certain
other limited exclusions.

The following information contained in a public record is excluded from the mandatory disclosure
provisions of this chapter but may be disclosed by the custodian in his discretion, except where such
disclosure is prohibited by law. Redaction of information excluded under this section from a public
record shall be conducted in accordance with § 2.2-3704.01.

1. State income, business, and estate tax returns, personal property tax returns, and confidential
records held pursuant to § 58.1-3.

2. Working papers and correspondence of the Office of the Governor, the Lieutenant Governor, or
the Attomey General; the members of the General Assembly, the Division of Legislative Services, or the
Clerks of the House of Delegates or the Senate of Virginia; the mayor or chief executive officer of any
political subdivision of the Commonwealth; or the president or other chief executive officer of any
public institution of higher education in the Commonwealth. However, no information that is otherwise
open to inspection under this chapter shall be deemed excluded by virtue of the fact that it has been
attached to or incorporated within any working paper or correspondence. Further, information publicly
available or not otherwise subject to an exclusion under this chapter or other provision of law that has
been aggregated, combined, or changed in format without substantive analysis or revision shall not be
deemed working papers. Nothing in this subdivision shall be construed to authorize the withholding of
any resumes or applications submitted by persons who are appointed by the Governor pursuant to
§ 2.2-106 or 2.2-107.

As used in this subdivision:

"Members of the General Assembly" means each member of the Senate of Virginia and the House of
Delegates and their legislative aides when working on behalf of such member.

"Office of the Governor’ means the Governor; the Governor's chief of staff, counsel, director of
policy, and Cabinet Secretaries; the Assistant to the Governor for Intergovernmental Affairs; and those
individuals to whom the Govemor has delet cated his authority pursuant to § 2.2-104.

"Working papers" means those records prepared by or for a public official identified in this
subdivision for his personal or deliberative use.

3. Information contained in library records that can be used to identify (i) both (a) any library patron
who has borrowed or accessed material or resources from a library and (b) the material or resources
such patron borrowed or accessed or (ii) any library patron under 18 years of age. For the purposes of
clause (ii), access shall not be denied to the parent, including a noncustodial parent, or guardian of such

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library patron.

4. Contract cost estimates prepared for the confidential use of the Department of Transportation in
awarding contracts for construction or the purchase of goods or services, and records and automated
systems prepared for the Department's Bid Analysis and Monitoring Program.

5. Lists of registered owners of bonds issued by a political subdivision of the Commonwealth,
whether the lists are maintained by the political subdivision itself or by a single fiduciary designated by
the political subdivision.

6. Information furnished by a member of the General Assembly to a meeting of a standing
committee, special committee, or subcommittee of his house established solely for the purpose of
reviewing members' annual disclosure statements and supporting materials filed under § 30-110 or of
formulating advisory opinions to members on standards of conduct, or both.

7. Customer account information of a public utility affiliated with a political subdivision of the
Commonwealth, including the customer's name and service address, but excluding the amount of utility
service provided and the amount of money charged or paid for such utility service.

8. Personal information, as defined in § 2.2-3801, (i) filed with the Virginia Housing Development
Authority conceming individuals who have applied for or received loans or other housing assistance or
who have applied for Seeupancy of or have occupied housing financed, owned or otherwise assisted by
the Virginia Housing Development Authority; (ii) concerning persons participating in or persons on the
waiting list for federally funded rent-assistance programs; (iii) filed with any local redevelopment and
housing authority created pursuant to § 36-4 concerning pests participating in or persons on the
waiting list for housing assistance programs funded by local governments or by any such authority; or
(iv) filed with any local redevelopment and housing authority created pursuant to § 36-4 or any other
local government agency concerning persons who Save applied for occupancy or who have occupied
affordable dwelling units established pursuant to § 15.2-2304 or 15.2-2305. However, access to one's
own information shall not be denied.

9. Information regarding the siting of hazardous waste facilities, except as provided in § 10.1-1441, if
disclosure of such information would have a detrimental effect upon the negotiating position of a
goveming body or on the establishment of the terms, conditions, and provisions of the siting agreement.

10. Information on the site-specific location of rare, threatened, endangered, or otherwise imperiled
plant and animal species, natural communities, caves, and significant historic and archaeological sites if,
in the opinion of the public body that has the responsibility for such information, disclosure of the
information would jeopardize the continued existence or the integrity of the resource. This exclusion
shall not apply to requests from the owner of the land upon which the resource is located.

11. Memoranda, graphics, video or audio tapes, production models, data, and information of a
proprietary nature produced by or for or collected by or for the Vinginia Lottery relating to matters of a
specific lottery game design, development, production, operation, ticket price, prize structure, manner of
selecting the winning ticket, manner of payment of prizes to holders of winning tickets, frequency of
drawings or selections of winning tickets, odds of winning, advertising, or marketing, where such
information not been publicly released, published, copyrighted, or patented. Whether released, published,
or copyrighted, all game-related information shall be subject to public disclosure under this chapter upon
the first day of sales for the specific lottery game to which it pertains.

12. Information held by the Virginia Retirement System, acting pursuant to § 51.1-124.30, or a local
retirement system, acting pursuant to § 51.1-803, or by a local finance board or board of trustees of a
trust established by one or more local public bodies to invest funds for post-retirement benefits other
Pron pensions, acting pursuant to Article 8 (§ 15.2-1544 et seq.) of Chapter 15 of Title 15.2, or by the
board of visitors of the University of Virginia, acting pursuant to § 23.1-2210, or by the board of
visitors of The College of William and Mary in Virginia, acting pursuant to § 23.1-2803, or by the
Virginia College Savings Plan, acting pursuant to § 23.1-704, Felating to the acquisition, holding, or
disposition of a security or other ownership interest in an entity, where such pocunly or ownershi
interest is not traded on a govemmentally regulated securities exchange, if disclosure of suc
information would (i) reveal confidential analyses prepared for the board of visitors of the University of
Virginia, prepared for the board of visitors of The College of William and Mary in Virginia, prepared
by the retirement system, a local finance board or board of trustees, or the Virginia College Savings
Plan, or provided to the retirement system, a local finance board or board of trustees, or the Virginia
College Savings Plan under a promise of confidentiality of the future value of such ownership interest or
the future financial performance of the entity and (ii) have an adverse effect on the value of the
investment to be acquired, held, or disposed of by the retirement system, a local finance board or board
of trustees, the board of visitors of the University of Virginia, the board of visitors of The College of
William and Mary in Virginia, or the Virginia College Savings Plan. Nothing in this subdivision shall be
construed to prevent the disclosure of information relating to the identity of any investment held, the
amount invested, or the present value of such investment.

13. Financial, medical, rehabilitative, and other personal information conceming applicants for or

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recipients of loan funds submitted to or maintained by the Assistive Technology Loan Fund Authority
under Chapter 11 (§ 51.5-53 et seq.) of Title 51.5.

14, Information held by the Virginia Commonwealth University Health System Authority pertaining
to any of the following: an individual's qualifications for or continued membership on its medical or
teaching staffs; proprietary information gathered by or in the possession of the Authority from third
parties pursuant to a promise of confidentiality; contract cost estimates prepared for confidential use in
awarding contracts for construction or the purchase of goods or services; information of a proprietary
nature produced or collected by or for the Authority or members of its medical or teaching staffs;
financial statements not publicly available that may be filed with the Authority from third parties; the
identity, accounts, or account status of any customer of the Authority; consulting or other reports paid
for by the Authority to assist the Authority in connection with its strategic planning and goals; the
determination of marketing and operational strategies where disclosure of such strategies would be
harmful to the competitive position of the Authority; and information of a proprietary nature produced
or collected by or for employees of the Authority, other than the Authority's financial or administrative
records, in the conduct of or as a result of study or research on medical, scientific, technical, or
scholarly issues, whether sponsored by the Authority alone or in conjunction with a governmental body
or a private concem, when such information has not been publicly released, published, copyrighted, or
patented. This exclusion shall also apply when such information is in the possession of Virginia
Commonwealth University.

15. Information held by the Department of Environmental Quality, the State Water Control Board,
the State Air Pollution Control Board, or the Virginia Waste Management Board relating to (i) active
federal environmental enforcement actions that are considered confidential under federal law and (ii)
enforcement strategies, including proposed sanctions for enforcement actions. Upon request, such
information shall be disclosed after a proposed sanction resulting from the investigation has been
proposed to the director of the agency. this subdivision shall not be construed to prevent the disclosure
of information related to inspection reports, notices of violation, and documents detailing the nature of
any environmental contamination that may have occurred or similar documents.

16. Information related to the operation of toll facilities that identifies an individual, vehicle, or travel
itinerary, including vehicle identification data or vehicle enforcement system information; video or
photographic images; Social Security or other identification numbers appearing on driver's licenses;
creat card or bank account data; home addresses; phone numbers; or records of the date or time of toll
facility use.

17. Information held by the Virginia Lottery pertaining to (i) the social security number, tax
identification number, state sales tax number, home address and telephone number, personal and lottery
banking account and transit numbers of a retailer, and financial information regarding the nonlottery
operations of specific retail locations and (ii) individual lottery winners, except that a winner's name,
hometown, and amount won shall be disclosed. If the value of the prize won by the winner exceeds $10
million, the information described in clause (ii) shall not be disclosed unless the winner consents in
writing to such disclosure.

18. Information held by the Board for Branch Pilots relating to the chemical or drug testing o
person regulated by the Board, where such person has tested negative or has not been the subject o:
disciplinary action by the Board for a positive test result.

19. Information pertaining to the planning, scheduling, and performance of examinations of holder
records pursuant to the Virginia Disposition of Unclaimed Property Act (§ 55.1-2500 et seq.) prepared
by or for the State Treasurer or his agents or employees or persons employed to perform an audit or
examination of holder records.

20. Information held by the Virginia Department of Emergency Management or a local governin
body relating to citizen emergency response teams established pursuant to an ordinance of a local
goveming body that reveal the name, address, including e-mail address, telephone or pager numbers, or
operating schedule of an individual participant in the program.

21. Information held by state or local park and recreation departments and local and regional park
authorities conceming identifiable individuals under the age of 18 years. However, nothing in this
subdivision shall operate to prevent the disclosure of information defined as directory information under
regulations implementing the federal Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g,
unless the public body has undertaken the parental notification and opt-out requirements provided by
such regulations. Access shall not be denied to the parent, including a noncustodial parent, or guardian
of such person, unless the parent's parental rights have been terminated or a court of competent
jurisdiction has restricted or denied such access. For such information of persons who are emancipated,
the right of access may be asserted by the subject thereof. Any parent or emancipated person who is the
subject of the information may waive, in writing, the protections afforded by this subdivision. If the
protections are so waived, the public body shall open such information for inspection and copying.

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22. Information submitted for inclusion in the Statewide Alert Network administered by the
Department of Emergency Management that reveal names, physical addresses, email addresses, computer
or internet protocol information, telephone numbers, pager numbers, other wireless or portable
communications device information, or operating schedules of individuals or agencies, where the release
of such information would compromise the security of the Statewide Alert Network or individuals
participating in the Statewide Alert Network.

23. Information held by the Judicial Inquiry and Review Commission made confidential by
§ 17.1-913.

24. Information held by the Virginia Retirement System acting pursuant to § 51.1-124.30, a local
retirement system acting pursuant to § 51.1-803 (hereinafter collectively referred to as the retirement
system), or the Virginia College Savings Plan, acting pursuant to § 23.1-704 relating to:

a. Internal deliberations of or decisions by the retirement system or the Virginia College Savings
Plan on the pursuit of particular investment strategies, or the selection or termination of investment
managers, prior to the execution of such investment strategies or the selection or termination of such
managers, if disclosure of such information would have an adverse impact on the financial interest of
the retirement system or the Virginia College Savings Plan; and

b. Trade secrets provided by a private entity to the retirement system or the Virginia College Savings
Plan if disclosure of such records would have an adverse impact on the financial interest of the
retirement system or the Virginia College Savings Plan.

For the records specified in subdivision b to be excluded from the provisions of this chapter, the
entity shall make a written request to the retirement system or the Virginia College Savings Plan:

(1) Invoking such exclusion prior to or upon submission of the data or other materials for which
protection from disclosure is sought;

(2) Identifying with specificity the data or other materials for which protection is sought; and

(3) Stating the reasons why protection is necessary.

The retirement system or the Virginia College Savings Plan shall determine whether the requested
exclusion from disclosure meets the requi ts set forth in subdivision b.

Nothing in this subdivision shall be construed to prevent the disclosure of the identity or amount of
any investment held or the present value and performance of all asset classes and subclasses.

25. Information held by the Department of Corrections made confidential by former § 53.1-233.

26. Information maintained by the Department of the Treasury or participants in the Local
Goverment Investment Pool (§ 2.2-4600 et seq.) and required to be provided by such participants to the
Department to establish accounts in accordance with § 2.2-4602.

27. Personal information, as defined in § 2.2-3801, contained in the Veterans Care Center Resident
Trust Funds conceming residents or patients of the Department of Veterans Services Care Centers,
except that access shall not be denied to the person who is the subject of the information.

28. Information maintained in connection with fundraising activities by the Veterans Services
Foundation pursuant to § 2.2-2716 that reveal the address, electronic mail address, facsimile or telephone
number, social security number or other identification number appearing on a driver's license or other
document issued under Chapter 3 (§ 46.2-300 et seq.) of Title 46.2 or the comparable law of another
jurisdiction, or credit card or bank account data of identifiable donors, except that access shall not be
denied to the person who is the subject of the information. Nothing in this subdivision, however, shall
be construed to prevent the disclosure of information relating to the amount, date, purpose, and terms of
the pledge or donation or the identity of the donor, unless the donor has requested anonymity in
connection with or as a condition of making a pledge or donation. The exclusion provided by this
subdivision shall not apply to protect from disclosure (i) the identities of sponsors providing grants to or
contracting with the foundation for the performance of services or other work or (ii) the terms and
conditions of such grants or contracts.

29. Information prepared for and utilized by the Commonwealth's Attomeys' Services Council in the
training of state prosecutors or law-enforcement personnel, where such information is not otherwise
available to the public and the disclosure of such information would reveal confidential strategies,
methods, or procedures to be employed in law-enforcement activities or materials created for the
investigation and prosecution of a criminal case.

30. Information provided to the Department of Aviation by other entities of the Commonwealth in
connection with the operation of aircraft where the information would not be subject to disclosure by the
entity providing the information. The entity providing the information to the Department of Aviation
shall identify the specific information to be protected and the applicable provision of this chapter that
excludes the information from mandatory disclosure,

31. Information created or maintained by or on the behalf of the judicial performance evaluation
program related to an evaluation of any individual justice or judge made confidential by § 17.1-100.

2. Information reflecting the substance of meetings in which (i) individual sexual assault cases are
discussed by any sexual assault response team established pursuant to § 15.2-1627.4, (ii) individual child


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abuse or neglect cases or sex offenses involving a child are discussed by multidisciplinary child sexual
abuse response teams established pursuant to § 15.2-1627.5, or (iii) individual cases of abuse, neglect,
or exploitation of adults as defined in § 63.2-1603 are discussed by multidisciplinary teams established
pursuant to §§ 15.2-1627.5 and 63.2-1605. The findings of any such team may be disclosed or published
in statistical or other aggregated form that does not disclose the identity of specific individuals.

33. Information contained in the strategic plan, marketing plan, or operational plan prepared by the
Virginia Economic Development Partnership Authority pursuant to § 2.2-2237.1 regarding target
companies, specific allocation of resources and staff for marketing activities, and specific marketing
activities that would reveal to the Commonwealth's competitors for economic development projects the
strategies intended to be deployed by the Commonwealth, thereby adversely affecting the financial
interest of the Commonwealth. The executive summaries of the strategic phan marketing plan, and
operational plan shall not be redacted or withheld pursuant to this subdivision.

34. Information discussed in a closed session of the Physical Therapy Compact Commission or the
Executive Board or other committees of the Commission for purposes set forth in subsection E of
§ 54.1-3491.

35. Information held by the Commonwealth of Virginia Innovation Partnership Authority (the
Authority), an advisory committee of the Authority, or any other entity designated by the Authority,
relating to (i) internal deliberations of or decisions by the Authority on the pursuit of particular
investment strategies prior to the execution of such investment strategies and (ii) trade secrets, as
defined in the Uniform Trade Secrets Act (§ 59.1-336 et seq.), provided by a private entity to the
Authority, if such disclosure of records pursuant to clause (i) or (ii) would have an adverse impact on
the financial interest of the Authority or a private entity.

36. Personal information provided to or obtained by the Virginia Lottery in connection with the
voluntary exclusion program administered pursuant to § 58.1-4015.1.

37. Personal information provided to or obtained by the Virginia Lottery conceming the identity of
any person reporting prohibited conduct pursuant to § 58.1-4043.

§ 8.01-195.10. Purpose; action by the General Assembly required; definitions.

A. The purpose of this article is to provide directions and guidelines for the compensation of persons
who have been wrongfully incarcerated in the Commonwealth. Compensation for wrongful incarceration
is govemed by Article IV, Section 14 of the Constitution of Virginia, which prohibits the General
Assembly from granting relief in cases in which the courts or other tribunals may have jurisdiction and
any individual seeking payment of state funds for wrongful incarceration shall be deemed to have
waived all other claims. The payment and receipt of any compensation for wrongful incarceration shall
be contingent upon the General Assembly appropriating funds for that purpose. This article shall not
provide an entitlement to compensation for persons wrongfully incarcerated or require the General
Assembly to appropriate funds for the payment of such compensation. No estate of or personal
representative for a decedent shall be entitled to seek a claim for compensation for wrongful
incarceration.

B. As used in this article:

"Incarceration" or "incarcerated" means confinement in a local or regional correctional facility,
juvenile correctional center, state correctional facility, residential detention center, or facility operated
pursuant to the Corrections Private Menagement Act (§ 53.1-261 et seq.).

"Wrongful incarceration" or "wrongfully incarcerated" means incarceration for a felony conviction for
which (i) the conviction has been vacated pursuant to Chapter 19.2 (§ 19.2-327.2 et seq.) or 19.3
(§ 19.2-327.10 et seq.) of Title 19.2, or the person incarcerated has been granted an absolute pardon for
the commission of a crime that he did not commit;; (ii) the person incarcerated must shall have entered
a final plea of not guilty, or, regardless of the plea, any person sentenced to death, or the person
incarcerated was convicted of a Class 1 felony, a Class 2 felony, or any felony for which the maximum
penalty is imprisonment for life,; and (iii) the person incarcerated did not by any act or omission on his
part intentionally contribute to his conviction for the felony for which he was incarcerated.

§ 8.01-654. When and where petition filed; what petition to contain.

A. 1. A petition for a writ of Pabeas corpus ad subjiciendum may be filed in the Supreme Court or
any circuit court showing by affidavits or other evidence that the petitioner is detained without lawful
authority.

2. A petition for writ of habeas corpus ad subjiciendum, other than a petition challenging a criminal
conviction or sentence, shall be brought within one year after the cause of action accrues. A habeas
corpus petition attacking a criminal conviction or sentence, except as provided in § -8.01-654.1 for cases
in which a death sentence has been imposed, shall be filed within two years from the date of final
judgment in the trial court or within one year from either final disposition of the direct appeal in state
court or the time for filing such appeal has expired, whichever is later.

B. 1. With respect to any such petition filed by a petitioner whose detention originated under

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criminal process, and subject to the provisions of subsection C of this section and of § 17.1-310, only
the circuit court that entered the original judgment or order resulting in the detention complained of in
the petition shall have authority to issue writs of habeas corpus. If a district court entered the original
judgment or order resulting in the detention complained of in the petition, only the circuit court for the
city or county wherein the district court sits shall have authority to issue writs of habeas corpus.
Hearings on such petition, where granted in the circuit court, may be held at any circuit court within the
same circuit as the circuit court in which the petition was filed, as designated by the judge thereof.

2. Such petition shall contain all allegations the facts of which are known to petitioner at the time of
filing and such petition shall enumerate all previous applications and their disposition. No writ shall be
granted on the basis of any allegation the facts of which petitioner had knowledge at the time of filing
any previous petition. The provisions of this section shall not apply to a petitioner's first petition for a
writ of habeas corpus when the sole allegation of such petition is that the petitioner was deprived of the
tight to pursue an appeal from a final judgment of conviction or probation revocation, except that such
petition shall contain all facts pertinent to the denial of appeal that are known to the petitioner at the
time of the filing, and such petition shall certify that the petitioner has filed no prior habeas corpus
petitions attacking the conviction or probation revocation.

3. Such petition may allege detention without lawful authority through challenge to a conviction,
although the sentence ieaposed for such conviction is suspended or is to fe served subsequently to the
sentence currently being served by petitioner.

4. In the event the allegations of illegality of the petitioner's detention can be fully determined on the
basis of recorded matters, the court may make its determination whether such writ should issue on the
basis of the record.

5. The court shall give findings of fact and conclusions of law following a determination on the
record or after hearing, to be made a part of the record and transcribed.

6. If petitioner alleges as a ground for illegality of his detention the inadequacy of counsel, he shall
be deemed to waive his privilege with respect to communications between such counsel and himself to
the extent necessary to permit a full and fair hearing for the alleged ground.

Cc. 4 With ‘o any such ition filed by a petitioner under the sentence of death, and

: judgment
the sentence of death shall have authority to conduct an evidentiary hearing on such a petition only if
ny dey aed ae i order the
2, Hearings in a circuit court pursuant te an issued under provisions of
subdivision 1 of this subsection shall be limited in subject matter to the issues enumerated in the order
3; The circuit court shall conduct such a hearing within 90 days after the order of the Supreme Court

has been received report its findings ef fact and to the
Court within 60 days after the conclusion of hearing. Any objection to the report of the
court must be filed in the within 30 days after the report

writs of error and supersedeas as may be legally docketed in or transferred to the Court. In

§ 17.1-406. Petitions for appeal; cases over which Court of Appeals does not have jurisdiction.

A. Any aggrieved party may present a petition for appeal to the Court of Appeals from (i) any final
conviction in a circuit court of a traffic infraction or a crime, except where a sentence of death has been
imposed, (ii) any final decision of a circuit court on an application for a concealed weapons permit
pursuant to Article 6.1 (§ 18.2-307.1 et seq.) of Chapter 7 of Title 18.2, (iii) any final order of a circuit
court involving involuntary treatment of prisoners pursuant to § 53.1-40.1 or 53.1-133.04, or (iv) any
final order for declaratory or injunctive relief under § 57-2.02. The Commonwealth or any county, city
or town may petition the Court of Appeals for an appeal pursuant to this subsection in any case in
which such party previously could have petitioned the Supreme Court for a writ of ermor under
§ 19.2-317. The Commonwealth may also petition the Court of Appeals for an appeal in a criminal case
pursuant to § 19.2-398.

B. In accordance with other applicable provisions of law, appeals lie directly to the Supreme Court
from a conviction in which a sentence of death is i ; from a final decision, judgment, or order of
a circuit court involving a petition for a writ of habeas corpus,; from any final finding, decision, order,
or judgment of the State Corporation Commission,; and from proceedings under §§ 54.1-3935 and
54.1-3937. Complaints of the Judicial Inquiry and Review Commission shall be filed with the Supreme
Court of vanminia, The Court of Appeals shall not have jurisdiction over any cases or proceedings
described in this subsection.

§ 18.2-8. Felonies, misdemeanors and traffic infractions defined.

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Offenses are either felonies or misdemeanors. Such offenses as are punishable with death or
confinement in a state correctional facility are felonies; all other offenses are misdemeanors. Traffic
infractions are violations of public order as defined in § 46.2-100 and not deemed to be criminal in

nature.

§ 18.2-10. Punishment for conviction of felony; penalty.

The authorized punishments for conviction of a felony are:

(a) For Class 1 felonies, death, if the person so convicted was 18 years of age or older at the time of
the offense and is not determined to be a person with intellectual disability pursuant to §—
19.2-264.3:-1.1, or imprisonment for life and, subject to subdivision (g), a fine of not more than
$100,000. If the person was under 18 years of age al the time of the offense or is determined to pas

with intellectual disability pursuant to § 19.2-264.3:1.1, the punish shall be i
and, subject to subdivision (g), a fine of not more than $100,000. Any person sentenced 7
pean for life upon conviction of a Class 1 felony shall not be eligible for (i) parole, (ii) any
good conduct allowance or any earned sentence credits under Chapter 6 (§ 53.1-186 et seq.) of Title
53.1, or (iii) conditional release pursuant to § 53.1-40.01.

(b) For Class 2 felonies, Hopnsonment ioe site or for any term not less than 20 years and, subject to
subdivision (6), a fine of not more than $10

(c) For Class 3 felonies, a term of Le of not less than five years nor more than 20 years
and, subject to subdivision (g), a fine of not more than $100,000

(d) For Class 4 felonies, a term of imprisonment of not less than two years nor more than 10 years
and, subject to subdivision (g), a fine of not more than $100,000

(e) For Class 5 felonies, a term of imprisonment of not less than one year nor more than 10 years, or
in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more
than 12 months and a fine of not more than $2,500, either or both.

(f) For Class 6 felonies, a term of imprisonment of not less than one year nor more than five years,
or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not
more than 12 months and a fine of not more than $2,500, either or both.

(g) Except as specifically authorized in subdivision (e) or (f), or im Class 4 felonies for which a
sentence of death is the court shall impose either a sentence of imprisonment together with a
fine, or imprisonment only. However, if the defendant is not a natural person, the court shall impose
only a fine.

For any felony offense committed (i) on or after January 1, 1995, the court may, and (ii) on or after
qey 1, 2000, shall, except in cases in which the court orders a suspended term of confinement of at
least six months, impose an additional term of incarceration of not less than six months nor more than
three years, which shall be suspended conditioned upon successful completion of a period of post-release
supervision pursuant to § 19.2-295.2 and compliance with such other terms as the sentencing court may
require. However, such additional term may only be imposed when the sentence includes an active term
of incarceration in a correctional facility.

For a felony offense prohibiting proximity to children as described in subsection A of § 18.2-370.2,
the sentencing court is authorized to impose the punishment set forth in that section in addition to any
other penalty provided by law.

§ 18.2-18. How principals in second degree and accessories before the fact punished.

In the case of every felony, every principal in the second degree and every accessory before the fact
may be indicted, tried, convicted and punished in all respects as if a principal in the first degree;
provided, however, that except in the case of a killing for hire under the provisions of subdivision A 2
of § 18.2-31 or a killing pursuant to the direction or order of one who is engaged in a continuing
criminal enterprise under the provisions of subdivision A 10 of § 18.2-31 or a killing pursuant to the
direction or order of one who is engaged in the commission of or attempted commission of an act of
terrorism under the provisions of subdivision A 13 of § 18.2-31, an accessory before the fact or
principal in the second degree to a capital an aggravated murder shall be indicted, tried, convicted and
punished as though the offense were murder in the first degree.

§ 18.2-19. How accessories after the fact punished; certain exceptions.

Every accessory after the fact is guilty of (i) a Class 6 felony in the case of a homicide offense that
is punishable by ‘death er as a Class 1 or Class 2 felony or (ii) a Class 1 misdemeanor in the case of
any other felony. However, no person in the relation of spouse, parent or grandparent, child or
grandchild, or sil ling, by consanguinity or affinity, or servant to the offender, who, after the commission
of a felony, aids or assists a principal felon or accessory before the fact to avoid or escape from
prosecution or punishment, shall be deemed an accessory after the fact.

§ 18.2-22. Conspiracy to commit felony.

(a) If any person shall conspire, confederate or combine with another, either within or without this
outside the Commonwealth, to commit a felony within this the Commonwealth, or if he shall so

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conspire, confederate or combine with another within this the Commonwealth to commit a felony either
within or without this outside the Commonwealth, he shall be guilty of a felony which that shall be
punishable as follows:

(1) Every person who so conspires to commit an offense which that is punishable by death shall be
as a Class i felony is guilty of a Class 3 felony;

(2) Every person who so conspires to commit an offense which that is a nencapital any other felony
shall be is guilty of a Class 5 felony; and

(3) Every person who so conspires to commit an offense the maximum punishment for which is
confinement in a state correctional facility for a period of less than five years shall be confined in a
state correctional facility for a period of one year, or, in the discretion of the jury or the court trying the
case without a Ey may be confined in jail not exceeding #¥elve 12 months and fined not exceeding
$500, either or both.

(b) However, in no event shall the punishment for a conspiracy to commit an offense exceed the
maximum punishment for the commission of the offense itself.

(c) Jurisdiction for the trial of any pose accused of a conspiracy under this section shall be in the
county or city wherein any part of such conspiracy is planned or in the county or city wherein any act
is done toward the consummation of such plan or conspiracy.

(d) The penalty provisions of this section shall not apply to any person who conspires to commit any
offense defined in the Drug Control Act (§ 54.1-3400 et seq.) or of Article 1 (§ 18.2-247 et seq.); of
Chapter 7 of this title. The penalty for any such violation shall be as provided in § 18.2-256.

§ 18.2-25. Attempts to commit Class 1 felony offenses; how punished.

If any person attempts to commit an offense which that is punishable with death as a Class 1 felony,
he shall be is guilty of a Class 2 felony.

§ 18.2-26. Attempts to commit felonies other than Class 1 felony offenses; how punished.

Every Except as provided in § 18.2-25, every person who attempts to commit an offense which that
isa area felony shall be punished as follows:

(1) If the felony attempted is punishable by a maximum punishment of life imprisonment or a term
of years in excess of twenty years, an attempt thereat shall be punishable as a Class 4 felony.

(2) If the felony attempted is punishable by a maximum punishment of twenty years' imprisonment,
an attempt thereat shall be punishable as a Class 5 felony.

(3) If the felony attempted is punishable by a maximum punishment of less than twenty years’
imprisonment, an attempt thereat shall be punishable as a Class 6 felony.

§ 18.2-30. Murder and manslaughter declared felonies.

Any person who commits capital aggravated murder, murder of the first degree, murder of the
second degree, voluntary manslaughter, or involuntary manslaughter, shall be is guilty of a felony.

§ 18.2-31. Aggravated murder defined; punishment.

A. The following offenses shall constitute capital aggravated murder, punishable as a Class 1 felony:

1. The willful, deliberate, and premeditated killing of any person in the commission of abduction, as
defined in § 18.2-48, when atch abduction was committed with the intent to extort money or a
pecuniary benefit or with the intent to defile the victim of such abduction;

2. The willful, deliberate, and premeditated killing of any person by another for hire;

3. The willful, deliberate, and premeditated killing of any person by a prisoner confined in a state or
local correctional facility as defined in § 53.1-1, or while in the custody of an employee thereof;

4, The willful, deliberate, and premeditated killing of any person in the commission of robbery or
attempted robbery;

5. The willful, deliberate, and premeditated killing of any person in the commission of, or subsequent
to, rape or attempted rape, forcible sodomy, or attempted forcible sodomy or object sexual penetration;

6. The willful, deliberate, and premeditated killing of a law-enforcement officer as defined in
§ 9.1-101, a fire marshal appointed pursuant to § 27-30 or a deputy or an assistant fire marshal
appointed pursuant to § 27-36, when such fire marshal or deputy or assistant fire marshal has police
powers as set forth in §§ 27-34.2 and 27-34.2:1, an auxiliary police officer appointed or provided for
pursuant to §§ 15.2-1731 and 15.2-1733, an auxiliary deputy sheriff appointed pursuant to § 15.2-1603,
or any law-enforcement officer of another state or the United States having the power to arrest for a
felony under the laws of such state or the United States, when such killing is for the purpose of
interfering with the performance of his official duties;

7. The willful, deliberate, and premeditated killing of more than one person as a part of the same act
or transaction;

8. The willful, deliberate, and premeditated killing of more than one person within a three-year

period;

9. The willful, deliberate, and Promeitated killing of any person in the commission of or attempted
commission of a violation of § 18.2-248, involving a Schedule I or II controlled substance, when such
killing is for the purpose of furthering the commission or attempted commission of such violation;


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10. The willful, deliberate, and premeditated killing of any person by another pursuant to the
Giecton or order of one who is engaged in a continuing criminal enterprise as defined in subsection I
of § 18.2-248;

11. The willful, deliberate, and premeditated killing of a pregnant woman by one who knows that the
woman is pregnant and has the intent to cause the involuntary termination of the woman's pregnancy
without a live birth;

12. ate willful, deliberate, and premeditated killing of a person under the age of 14 by a person age
21 or older;

13. The willful, deliberate, and premeditated killing of any person by another in the commission of
or attempted commission of an act of terrorism as defined in § 18.2-46.4;

14. The willful, deliberate, and premeditated killing of a justice of the Supreme Court, a judge of the
Court of Appeals, a judge of a circuit court or district court, a retired judge sitting by designation or
under temporary recall, or a substitute judge appointed under § 16.1-69.9:1 when the killing is for the
purpose of interfering with his official duties as a judge; and

15. The willful, deliberate, and premeditated killing of any witness in a criminal case after a
subpoena has been issued for such witness by the court, the clerk, or an attorney, when the killing is for
the purpose of interfering with the person's duties in such case.

B. For a violation of subdivision A 6 where the offender was 18 years of age or older at the time of
the offense, the punishment shall be no less than a mandatory minimum term of confinement for life.

C. If any one or more subsections, sentences, or parts of this section shall be judged unconstitutional
or invalid, such adjudication shall not affect, impair, or invalidate the remaining provisions thereof but
shall be confined in its operation to the specific provisions so held unconstitutional or invalid.

§ 18.2-32. First and second degree murder defined; punishment.

Murder, other than capital aggravated murder, by poison, lying in wait, imprisonment, starving, or by
any willful, deliberate, and premeditated killing, or in the commission of, or attempt to commit, arson,
rape, forcible sodomy, inanimate or animate object sexual penetration, robbery, burglary or abduction,
except as provided in § 18.2-31, is murder of the first degree, punishable as a Class 2 felony.

All murder other than capital aggravated murder and murder in the first degree is murder of the
second degree and is punishable by confinement in a state correctional facility for not less than five nor
more than fo: ears.

§ 18.2-251.01. Substance abuse screening and assessment for felony convictions.

A. When a person is convicted of a felony, net except a capital offense Class 1 felony, committed on
or after January 1, 2000, he shall be required to undergo a substance abuse screening and, if the
screening indicates a substance abuse or dependence problem, an assessment by a certified substance
abuse counselor as defined in § 54.1-3500 employed by the Department of Corrections or by an agency
employee under the supervision of such counselor. If the person is determined to have a substance abuse
problem, the court shall require him to enter treatment and/or education program or services, if
available, which, in the opinion of the court, is best suited to the needs of the person. The program or
services may be located in the judicial district in which the conviction was had or in any other judicial
district as the court may provide. The treatment and/or education program or services shall be licensed
by the Department of Bel avioral Health and Developmental Services or shall be a similar program or
services which are made available through the Department of Corrections if the court imposes a sentence
of one year or more or, if the court imposes a sentence of 12 months or less, by a similar program or
services available through a local or regional jail, a local community-based ‘orobation services agency
established pursuant to § 9.1-174, or an ASAP program certified by the Commission on VASAP. The
services agency. or program may require the person entering such program or services under the
provisions of this section to pay a fee for the education and treatment component, or both, based upon
the defendant's ability to pay.

B. As a condition of any suspended sentence and probation, the court shall order the person to
undergo periodic testing and treatment for substance abuse, if available, as the court deems appropriate
based upon consideration of the substance abuse assessment.

§ 19.2-11.01. Crime victim and witness rights.

A. In recognition of the Commonwealth's concern for the victims and witnesses of crime, it is the
purpose of this chapter to ensure that the full impact of crime is brought to the attention of the courts of
the Commonwealth; that crime victims and witnesses are treated with dignity, respect and sensitivity;
and that their privacy is protected to the extent permissible under law. It is the further purpose of this
chapter to ensure that victims and witnesses are informed of the rights provided to them under the laws
of the Commonwealth; that they receive authorized services as appropriate; and that they have the
opportunity to be heard by law-enforcement agencies, attorneys for the Commonwealth, corrections
agencies and the judiciary at all critical stages of the criminal justice process to the extent permissible
under law. Unless otherwise stated and subject to the provisions of § 19.2-11.1, it shall be the

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responsibility of a locality's crime victim and witness assistance program to provide the information and
assistance required by this chapter, including verification that the standardized form listing the specific
tights afforded to crime victims has been received by the victim.

As soon as practicable after identifying a victim of a crime, the investigating law-enforcement agency
shall provide the victim with a standardized form listing the specific rights afforded to crime victims.
The form shall include a telephone number by which the victim can receive further information and
assistance in securing the rights afforded crime victims, the name, address and telephone number of the
office of the attorney for the Commonwealth, the name, address and telephone number of the
investigating law-enforcement agency, and a summary of the victim's rights under § 40.1-28.7:2.

1. Victim and witness protection and law-enforcement contacts.

a. In order that victims and witnesses receive protection from harm and threats of harm arising out of
their cooperation with law-enforcement, or prosecution efforts, they shall be provided with information
as to the level of protection which may be available pursuant to § 52-35 or to any other federal, state or
local program providing protection, and shall be assisted in obtaining this protection from the
appropriate authorities.

b. Victims and witnesses shall be provided, where available, a separate waiting area during court
proceedings that affords them privacy and protection from intimidation, and that does not place the
victim in close proximity to the defendant or the defendant's family.

2. Financial assistance.

a. Victims shall be informed of financial assistance and social services available to them as victims
of a crime, including information on their possible right to file a claim for compensation from the Crime
Victims' Compensation Fund pursuant to Chapter 21.1 (§ 19.2-368.1 et seq.) and on other available
assistance and services.

b. Victims shall be assisted in having any property held by law-enforcement agencies for evidentiary
purposes returned promptly in accordance with §§ 19.2-270.1 and 19.2-270.2.

c. Victims shall be advised that restitution is available for damages or loss resulting from an offense
and shall be assisted in seeking restitution in accordance with §§ 19.2-305, and 19.2-305.1, Chapter 21.1
(§ 19.2-368.1 et seq.), Article 21 (§ 58.1-520 et seq.) of Chapter 3 of Title 58.1, and other applicable
laws of the Commonwealth.

3. Notices.

a. Victims and witnesses shall be (i) provided with appropriate employer intercession services to
ensure that employers of victims and witnesses will cooperate with the criminal justice process in order
to minimize an employee's loss of pay and other benefits resulting from court appearances and (ii)
advised that pursuant to § 18.2-465.1 it is unlawful for an employer to penalize an employee for
appearing in court pursuant to a summons or subpoena.

b. Victims shall receive advance notification when practicable from the attorney for the
Commonwealth of judicial proceedings relating to their case and shall be notified when practicable of
any change in court dates in accordance with § 19.2-265.01 if they have provided their names, current
addresses and telephone numbers.

c. Victims shall receive notification, if requested, subject to such reasonable procedures as the
Attomey General may require pursuant to § 2.2-511, from the Attomey General of the filing and
disposition of any appeal or habeas corpus proceeding involving their case.

d. Victims shall be notified by the Department of Corrections or a sheriff or jail superintendent (i) in
whose custody an escape, change of name, transfer, release or discharge of a prisoner occurs pursuant to
the provisions of §§ 53.1-133.02 and 53.1-160 or (ii) when an accused is released on bail, if they have
provided their names, current addresses and telephone numbers in writing. Such notification may be
provided through the Virginia Statewide VINE (Victim Information and Notification Everyday) System
or other similar electronic or automated system.

e. Victims shall be advised that, in order to protect their right to receive notices and offer input, all
agencies and persons having such duties must have current victim addresses and telephone numbers
given by the victims. Victims shall also be advised that any such information given shall be confidential
as provided by § 19.2-11.2.

f. Victims of sexual assault, as defined in § 19.2-11.5, shall be advised of their rights regarding
physical evidence recovery kits as provided in Chapter 1.2 (§ 19.2-11.5 et seq.).

g. Upon the victim's request, the victim shall be notified by the Commissioner of Behavioral Health
and Developmental Services or his designee of the release of a defendant (i) who was found to be
unrestorably incompetent and was committed pursuant to Article 5 (§ 37.2-814 et seq.) of Chapter 8 of
Title 37.2, committed pursuant to Chapter 9 (§ 37.2-900 et seq.) of Title 37.2, or certified pursuant to
§ 37.2-806 or (ii) who was acquitted by reason of insanity and committed pursuant to § 19.2-182.3.

4. Victim input.

a. Victims shall be given the opportunity, pursuant to § 19.2-299.1, to prepare a written victim
impact statement prior to sentencing of a defendant and may provide information to any individual or

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agency charged with investigating the social history of a person or preparing a victim impact statement
under the provisions of §§ 16.1-273 and 53.1-155 or any other applicable law.

b. Victims shall have the right to remain in the courtroom during a criminal trial or proceeding
pursuant to the provisions of § 19.2-265.01.

c. On motion of the attorney for the Commonwealth, victims shall be given the opportunity, pursuant
i §§19.2-264.4 and § 19.2-295.3, to testify prior to sentencing of a defendant regarding the impact of

e offense.

d. In a felony case, the attorney for the Commonwealth, upon the victim's written request, shall
consult with the victim either verbally or in writing (i) to inform the victim of the contents of a
proposed plea agreement and (ii) to obtain the victim's views about the disposition of the case, including
the victim's views concerning dismissal, pleas, plea negotiations and sentencing. However, nothing in
this section shall limit the ability of the attorney for the Commonwealth to exercise his discretion on
behalf of the citizens of the Commonwealth in the disposition of any criminal case. The court shall not
accept the plea agreement unless it finds that, except for good cause shown, the Commonwealth has
complied with clauses (i) and (ii). Good cause shown shall include, but not be limited to, the
unavailability of the victim due to incarceration, hospitalization, failure to appear at trial when
subpoenaed, or change of address without notice.

Upon the victim's written request, the victim shall be notified in accordance with subdivision A 3 b
of any proceeding in which the pee agreement will be tendered to the court.

The responsibility to consult with the victim under this subdivision shall not confer upon the
uprendant any substantive or procedural rights and shall not affect the validity of any plea entered by the

lefendant.

5. Courtroom assistance.

a. Victims and witnesses shall be informed that their addresses, any telephone numbers, and email
addresses may not be disclosed, pursuant to the provisions of §§ 19.2-11.2 and 19.2-269.2, except when
necessary for the conduct of the criminal nroceedin i

b. Victims and witnesses shall be advised that they have the right to the services of an interpreter in
accordance with §§ 19.2-164 and 19.2-164.1.

c. Victims and witnesses of certain sexual offenses shall be advised that there may be a closed
preliminary hearing in accordance with § 18.2-67.8 and, if a victim was 14 years of age or younger on
the date of the offense and is 16 or under at the time of the trial, or a witness to the offense is 14 years
of age or younger at the time of the trial, that two-way closed-circuit television may be used in the
taking of testimony in accordance with § 18.2-67.9.

6. Post trial assistance.

a. Within 30 days of receipt of a victim's written request after the final trial court proceeding in the
case, the attorney for the Commonwealth shall notify the victim in writing, of (i) the disposition of the
case, (ii) the crimes of which the defendant was convicted, (iii) the defendant's right to appeal, if known,
and (iv) the telephone number of offices to contact in the event of nonpayment of restitution by the
defendant.

b. If the defendant has been released on bail pending the outcome of an appeal, the agency that had
custody of the defendant immediately prior to his release shall notify the victim as soon as practicable
that the defendant has been released.

c. If the defendant's conviction is overtumed, and the attorney for the Commonwealth decides to
retry the case or the case is remanded for a new trial, the victim shall be entitled to the same rights as if
the first trial did not take place.

B. For purposes of this chapter, "victim" means (i) a person who has suffered physical,
psychological, or economic harm as a direct result of the commission of (a) a felony, (b) assault and
battery in violation of § 18.2-57 or 18.2-57.2, stalking in violation of § 18.2-60.3, a violation of a
protective order in violation of § 16.1-253.2 or 18.2-60.4, sexual battery in violation of § 18.2-67.4,
attempted sexual battery in violation of § 18.2-67.5, or maiming or driving while intoxicated in violation
of § 18.2-51.4 or 18.2-266, or (c) a delinquent act that would be a felony or a misdemeanor violation of
any offense enumerated in clause (b) if committed by an adult; (ii) a spouse or child of such a person;
(iil) a parent or legal guardian of such a person who is a minor; (iv) for the purposes of subdivision A 4
only, a current or former foster parent or other person who has or has had physical custody of such a
person who is a minor, for six months or more or for the majority of the minor's life; or (v) a spouse,
parent, sibling, or legal guardian of such a person who is physically or mentally incapacitated or was the
victim of a homicide; however, "victim" does not mean a parent, child, spouse, sibling, or legal guardian
who commits a felony or other enumerated criminal offense against a victim as defined in clause (i).

C. Officials and employees of the judiciary, including court services units, law-enforcement agencies,
the Department of Corrections, attorneys for the Commonwealth and public defenders, shall be provided
with copies of this chapter by the Department of Criminal Justice Services or a crime victim and witness

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assistance program. Each agency, officer or employee who has a responsibility or responsibilities to
victims under this chapter or other applicable law shall make reasonable efforts to become informed
about these responsibilities and to ensure that victims and witnesses receive such information and
services to which they may be entitled under applicable law, provided that no liability or cause of action
shall arise from the failure to make such efforts or from the failure of such victims or witnesses to
receive any such information or services.

§ 19.2-71. Who may issue process of arrest.

A. Process for the arrest of a person charged with a criminal offense may be issued by the judge, or
clerk of any circuit court, any general district court, any juvenile and domestic relations district court, or
any magistrate as provided for in Chapter 3 (§ 19.2-26 et seq.) of this title. However, no magistrate may
issue an arrest warrant for a felony offense upon the basis of a complaint by a person other than a
law-enforcement officer or an animal control officer without prior authorization by the attorney for the
Commonwealth or by a law-enforcement agency having jurisdiction over the alleged offense.

B. No law-enforcement officer shall seek issuance of process by any judicial officer, for the arrest of
a person for the an offense of capital aggravated murder as defined in § 18.2-31, without prior
authorization by the attorney for the Commonwealth. Failure to comply with the provisions of this
subsection shall not be (i) a basis upon which a warrant may be mashed or deemed invalid, (ii) deemed
error upon which a conviction or sentence may be reversed or vacated, or (iii) a basis upon which a
court may prevent or delay execution of sentence.

§ 19.2-76.1. Submission of quarterly reports concerning unexecuted felony and misdemeanor
warrants and other criminal process; destruction; dismissal.

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

Notwithstanding the foregoing, an attorney for the Commonwealth may at any time move for the
dismissal and destruction of any unexecuted warrant or summons issued by a magistrate upon

resentation of such warrant or summons to the court in which the warrant or summons would otherwise

e returnable. The court shall not order the dismissal and destruction of any warrant which that charges
capital aggravated murder and shall not order the dismissal and destruction of an unexecuted criminal
process whose preservation is deemed justifiable by the court. Dismissal of such a warrant or summons
shall be without prejudice.

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

§ 19.2-100. Arrest without warrant.

The arrest of a person may be lawfully made also by any peace officer or private person without a
warrant upon reasonable information that the accused stands charged in the courts of a state with a
crime Dunishable by death er imprisonment for a term exceeding one year. But when so arrested the
accused shall be taken before a judge, magistrate or other officer authorized to issue criminal warrants in
this the Commonwealth with all Tratticable speed and complaint made against him under oath setting

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forth the ground for the arrest as in the preceding section: § 19.2-99, and thereafter his answer shall be
heard as fy he had been arrested on a warrant.

§ 19.2-102. In what cases bail allowed; conditions of bond.

Unless the offense with which the prisoner is charged is shown to be an offense punishable by death
or 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 this 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 this the Commonwealth.

§ 19.2-120. Admission to bail.

Prior to conducting any hearing on the issue of bail, release or detention, the judicial officer shall, to
the extent feasible, obtain the person's criminal history.

A. A person who is held in custody pending trial or hearing for an offense, civil or criminal
gontempt, or otherwise shall be admitted to bail by a judicial officer, unless there is probable cause to
believe that:

1. He will not appear for trial or hearing or at such other time and place as may be directed, or

2. His liberty will constitute an unreasonable danger to himself or the public.

B. The judicial officer shall presume, subject to rebuttal, that no condition or combination of
conditions will reasonably assure the appearance of the person or the safety of the public if the person is
currently charged with:

1. An act of violence as defined in § 19.2-297.1;

2. An offense for which the maximum sentence is life imprisonment er death;

3. A violation of § 18.2-248, 18.2-248.01, 18.2-255, or 18.2-255.2 involving a Schedule I or II
controlled substance if (i) the maximum term of imprisonment is 10 years or more and the person was
previously convicted of a like offense or (ii) the person was previously convicted as a "drug kingpin" as
defined in § 18.2-248;

4. A violation of § 18.2-308.1, 18.2-308.2, or 18.2-308.4 and which relates to a firearm and provides
for a mandatory minimum sentence;

5. Any felony, if the person has been convicted of two or more offenses described in subdivision 1
or 2, whether under the laws of the Commonwealth or substantially similar laws of the United States;

6. Any felony committed while the person is on release pending trial for a prior felony under federal
or state law or on release pending imposition or execution of sentence or appeal of sentence or
conviction;

7. An offense listed in subsection B of § 18.2-67.5:2 and the person had previously been convicted
of an offense listed in § 18.2-67.5:2 ora substantially similar offense under the laws of any state or the
United States and the judicial officer finds probable cause to believe that the person who is currently
charged with one of these offenses committed the offense charged;

8. A violation of § 18.2-374.1 or 18.2-374.3 where the offender has reason to believe that the
solicited person is under 15 years of age and the offender is at least five years older than the solicited

erson;
P 9. A violation of § 18.2-46.2, 18.2-46.3, 18.2-46.5, or 18.2-46.7;

10. A violation of § 18.2-36.1, 18.2-51.4, 18.2-266, or 46.2-341.24 and the person has, within the
past five years of the instant offense, been convicted three times on different dates of a violation of any
combination of these Code sections, or any ordinance of any county, city, or town or the laws of am
other state or of the United States substantially similar thereto, and has been at liberty between each
conviction;

11. A second or subsequent violation of § 16.1-253.2 or 18.2-60.4 or a substantially similar offense
under the laws of any state or the United States;

12. A violation of subsection B of § 18.2-57.2;

13. A violation of subsection C of § 18.2-460 charging the use of threats of bodily harm or force to
knowingly attempt to intimidate or impede a witness;

5 1e4 fh grionaon: of § 18.2-51.6 if the alleged victim is a family or household member as defined in
.1-228; or

15. A violation of § 18.2-355, 18.2-356, 18.2-357, or 18.2-357.1.

C. The judicial officer shall presume, subject to rebuttal, that no condition or combination of
conditions will reasonably assure the appearance of the person or the safety of the public if the person is
being arrested pursuant to § 19.2-81.6.

D. For a person who is charged with an offense giving rise to a rebuttable presumption against bail,
any judicial officer may set or admit such person to bail in accordance with this section.

E. The judicial officer shall consider the following factors and such others as it deems appropriate in
determining, for the purpose of rebuttal of the presumption against bail described in subsestion B,

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whether there are conditions of release that will reasonably assure the appearance of the person as
required and the safety of the public:

1. The nature and circumstances of the offense charged;

2. The history and characteristics of the person, including his character, physical and mental
condition, family ties, employment, financial resources, length of residence in the community,
community ties, past conduct, history relating to drug or alcohol abuse, criminal history, membership in
a criminal street gang as defined in § 18.2-46.1, and record conceming appearance at court proceedings;

id

3. The nature and seriousness of the danger to any person or the community that would be posed by
the person's release.

F, The judicial officer shall inform the person of his right to appeal from the order denying bail or
fixing terms of bond or recognizance consistent with § 19.2-124.

G. If the judicial officer sets a secured bond and the person engages the services of a licensed bail
bondsman, the magistrate executing recognizance for the accused shall provide the bondsman, upon
request, with a copy of the person's Virginia criminal history record, if readily available, to be used by
the bondsman only to determine appropriate reporting requirements to impose upon the accused upon his
release. The bondsman shall pay a $15 fee payable to the state treasury to be credited to the Literary
Fund, upon requesting the defendant's Virginia criminal history record issued pursuant to § 19.2-389.
The bondsman shall review the record on the premises and promptly return the record to the magistrate
after reviewing it.

§ 19.2-152.2. Purpose; establishment of pretrial services and services agencies.

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 of this title. 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 by death 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.

§ 19.2-157. Duty of court when accused appears without counsel.

Except as may otherwise be provided in §§ 16.1-266 through 16.1-268, whenever a person charged
with a criminal offense the penalty for which may be death er confinement in the state correctional
facility or jail, including charges for revocation of suspension of imposition or execution of sentence or
probation, appears before any court without being represented by counsel, the court shall inform him of
his right to counsel. The accused shall be allowed a reasonable opportunity to employ counsel or, if
appropriate, the statement of indigence provided for in § 19.2-159 may be executed.

§ 19.2-159. Determination of indi A ideli of indi i of
counsel.

A. If the accused shall claim that he is indigent, and the charge against him is a criminal offense
which that may be punishable by death er confinement in the state correctional facility or jail, subject to
the provisions of § 19.2-160, the court shall determine from oral examination of the accused or other
competent evidence whether or not the accused is indigent within the contemplation of law pursuant to
the guidelines set forth in this section.

B. In making its finding, the court shall determine whether or not the accused is a current recipient
of a state or federally funded public assistance program for the indigent. If the accused is a current
recipient of such a pro: and does not waive his nght to counsel or retain counsel on his own behalf,
he shall be presumed eligible for the appointment of counsel. This presumption shall be rebuttable where
the court finds that a more thorough examination of the financial resources of the defendant is
necessary. If the accused shall claim to be indigent and is not presumptively eligible under the
provisions of this section, then a thorough examination of the financial resources of the accused shall be
made with consideration given to the following:

1. The net income of the accused, which shall include his total salary and wages minus deductions
required by law. The court also shall take into account income and amenities from other sources
including but not limited to social security funds, union funds, veteran's benefits, other regular support
from an absent family member, public or private employee pensions, dividends, interests, rents, estates,
trusts, or gifts.

2. All assets of the accused which are convertible into cash within a reasonable period of time
without causing substantial hardship or jeopardizing the ability of the accused to maintain home and
employment. Assets shall include all cash on hand as well as in checking and savings accounts, stocks,
bonds, certificates of deposit, and tax refunds. All personal property owned by the accused which is
readily convertible into cash shall be considered, except property exempt from attachment. Any real


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estate owned by the accused shall be considered in terms of the amounts which could be raised by a
loan on the property. For purposes of eligibility determination, the income, assets, and expenses of the
spouse, if any, who is a member of the accused's household, shall be considered, unless the spouse was
the victim of the offense or offenses allegedly committed by the accused.

3. Any exceptional expenses of the accused and his family which would, in all probability, prohibit
him from being able to secure private counsel. Such items shall include but not be limited to costs for
medical care, family support obligations, and child care payments.

The available funds of the accused shall be calculated as the sum of his total income and assets less
the exceptional expenses as provided in the first paragraph of this subdivision 3 above. If the accused
does not waive his right to counsel or retain counsel on his own behalf, counsel shall be appointed for
the accused if his available funds are equal to or below 125 percent of the federal poverty income
guidelines prescribed for the size of the household of the accused by the federal Department of Health
and Human Services. The Supreme Court of Virginia shall be responsible for distributing to all courts
the annual updates of the federal poverty income guidelines made by the Department.

If the available funds of the accused exceed 125 percent of the federal poverty income guidelines and
the accused fails to employ counsel and does not waive his right to counsel, the court may, in
exceptional circumstances, and where the ends of justice so require, appoint an attorney to represent the
accused. However, in making such appointments, the court shall state in writing its reasons for so doing.
The written statement by the court shall be included in the permanent record of the case.

C. If the court determines that the accused is indigent as contemplated by law pursuant to the
guidelines set forth in this section, the court shall provide the accused with a statement which shall
contain the following:

"T have been advised this day of , 20_____, by the (name of court) court of
my right to representation by counsel in the trial of the charge pending against me; I certify that I am
without means to employ counsel and I hereby request the court to appoint counsel for me."

(signature of accused)

The court shall also require the accused to complete a written financial statement to support the
claim of indigency and to permit the court to determine whether or not the accused is indigent within
the contemplation of law. The accused shall execute the said statements under oath, and the said court
shall appoint competent counsel to represent the accused in the proceeding against him, including an
appeal, if any, until relieved or replaced by other counsel.

The executed statements by the accused and the order of appointment of counsel shall be filed with
and become a part of the record of such proceeding.

All other instances in which the appointment of counsel is required for an indigent shall be made in
accordance with the guidelines presciitied in this section.

D. Except in jurisdictions having a public defender, or unless (i) the public defender is unable to
represent the defendant by reason of conflict of interest or (ii) the court finds that appointment of other
counsel is necessary to attain the ends of justice, counsel appointed by the court for representation of the
accused shall be selected by a fair system of rotation among members of the bar practicing before the
court whose names are on the list maintained by the Indigent Defense Commission pursuant to
§ 19.2-163.01. If no attorney who is on the list maintained by the Indigent Defense Commission is
reasonably available, the court may appoint as counsel an attorney not on the list who has otherwise
demonstrated to the court's satisfaction an appropriate level of training and experience. The court shall
provide notice to the Commission of the appointment of the attorney.

§ 19.2-163, Comp ion of court-appointed counsel.

Upon submission to the court, for which appointed representation is provided, of a detailed
accounting of the time expended for that representation, made within 30 days of the completion of all
proceedings in that court, counsel sppeinted to represent an indigent accused in a criminal case shall be
compensated for his services on an hourly basis at a rate set by the Supreme Court of Virginia in a total
amount not to exceed the amounts specified in the following schedule:

1. In a district court, a sum not to exceed $120, provided that, notwithstanding the foregoing
limitation, the court in its discretion, and subject to guidelines issued by the Executive Secret of the
Supreme Court of Virginia, may waive the limitation of fees up to (i) an additional $120 when the
effort expended, the time reasonably necessary for the particular representation, the novelty and
difficulty of the issues, or other circumstances warrant such a waiver; or (ii) an amount up to $650 to
defend, in the case of a juvenile, an offense that would be a felony if committed by an adult that may
be punishable by confinement in the state correctional facility for a period of more than 20 years, or a
charge of violation of probation for such offense, when the effort expended, the time reasonably
necessary for the particular representation, the novelty and difficulty of the issues, or other
circumstances warrant such a waiver; or (iii) such other amount as may be provided by law. Such
amount shall be allowed in any case wherein counsel conducts the defense of a single charge against the

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indigent through to its conclusion or a charge of violation of probation at any hearing conducted under
§ 19.2-306; thereafter, compensation for additional charges against the same accused also conducted by
ie same counsel shall be allowed on the basis of additional time expended as to such additional
charges;

2. In a circuit court (i) to defend a Class 1 felony charge that may be punishable by death, an
amount deemed reasonable by the court; (ii) to defend a felony charge that may be punishable by
confinement in the state correctional facility for a period of more than 20 years, or a charge of violation
of probation for such offense, a sum not to exceed $1,235, provided that, notwithstanding the foregoing
limitation, the court in its discretion, and subject to guidelines issued by the Executive Secretary of the
Supreme Court of Virginia, may waive the limitation of fees up to an additional $850 when the effort
expended, the time reasonably necessary for the particular representation, the novelty and difficulty of
the issues, or other circumstances warrant such a waiver; (iii) to defend any other felony charge, or a
charge of violation of probation for such offense, a sum not to exceed $445, provided that,
notwithstanding the foregoing limitation, the court in its discretion, and subject to guidelines issued by
the Executive Secretary of the Supreme Court of Virginia, may waive the limitation of fees up to an
additional $155 when the effort expended, the time reasonably necessary for the particular
Tepresentation, the novelty and difficulty of the issues, or other circumstances warrant such a waiver;
and (iv) in the circuit court only, to defend any misdemeanor charge punishable by confinement in jail
or a charge of violation of probation for such offense, a sum not to exceed $158. In the event any case
is required to be retried due to a mistrial for any cause or reversed on appeal, the court may allow an
additional fee for each case in an amount not to exceed the amounts allowable in the initial trial. In the
event counsel is appointed to defend an indigent charged with a felony that may be is punishable by

as a Class 1 felony, such counsel shall continue to receive compensation as provided in this
paragra h for defending such a felony, regardless of whether the charge is reduced or amended to a
esser felony that may not be punishable by death, prior to final disposition of the case. In the event
counsel is appointed to defend an indigent charged with any other felony, such counsel shall receive
compensation as provided in this paragraph for defending such a felony, regardless of whether the
charge is reduced or amended to a misdemeanor or lesser felony prior to final disposition of the case in
either the district court or circuit court.

Counsel appointed to represent an indigent accused in a criminal case, who are not public defenders,
may request an additional waiver exceeding the amounts provided for in this section. The request for
any additional amount shall be submitted to the presiding judge, in writing, with a detailed accounting
of the time spent and the justification for the additional amount. The presiding judge shall determine,
subject to guidelines issued by the Executive Secretary of the Supreme Court of Virginia, whether the
request for an additional amount is justified in whole or in part, by considering the effort expended and
the time reasonably necessary for the particular representation, and, if so, shall forward the request as
approved to the chief judge of the circuit court or district court for approval.

If at any time the funds appropriated to pay for waivers under this section become insufficient, the
Executive Secretary of the Supreme Court of Virginia shall so certify to the courts and no further
waivers shall be approved.

The circuit or district court shall direct the payment of such reasonable expenses incurred by such
court-appointed counsel as it deems appropriate under the circumstances of the case. Counsel appointed
by the court to represent an indigent charged with repeated violations of the same section of the Code of
Virginia, with each of such violations arising out of the same incident, occurrence, or transaction, shall
be compensated in an amount not to exceed the fee prescribed for the defense of a single charge, if such
offenses are tried as part of the same judicial proceeding. The trial judge shall consider any guidelines
established by the Supreme Court but shall have the sole discretion to fix the amount of compensation
to be paid counsel appointed by the court to defend a felony charge that may be is punishable by death
as a Class 1 felony.

The circuit or district court shall direct that the foregoing payments shall be paid out by the
Commonwealth, if the defendant is charged with a violation of a statute, or by the county, city or town,
if the defendant is charged with a violation of a county, city or town ordinance, to the attorney so
appointed to defend such person as compensation for such defense.

Counsel representing a defendant charged with a Class 1 felony, or counsel representing an indigent
prisoner under sentence of death in a state habeas corpus proceeding, may submit to the court, on a
monthly basis, a statement of all costs incurred and fees charged by him in the case during that month.
Whenever the total charges as are deemed reasonable by the court for which payment has not previously
been made or requested exceed $1,000, the court may direct that payment be made as otherwise
provided in this section.

When such directive is entered upon the order book of the court, the Commonwealth, county, city or
town, as the case may be, shall provide for the payment out of its treasury of the sum of money so
specified. If the defendant is convicted, the amount allowed by the court to the attorney appointed to

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defend him shall be taxed against the defendant as a part of the costs of prosecution and, if collected,
the same shall be paid to the Commonwealth, or the county, city or town, as the case may be. In the
event that counsel for the defendant requests a waiver of the limitations on compensation, the court shall
assess against the defendant an amount equal to the pre-waiver compensation limit specified in this
section for each charge for which the defendant was convicted. An abstract of such costs shall be
docketed in the judgment docket and execution lien book maintained by such court.

Any statement submitted by an attorney for payments due him for indigent representation or for
representation of a child pursuant to § 16.1-266 shall, after the submission of the statement, be
forwarded forthwith by the clerk to the Commonwealth, county, city or town, as the case may be,
responsible for payment.

For the purposes of this section, the defense of a case may be considered conducted through to its
conclusion and an appointed counsel entitled to compensation for his services in the event an indigent
accused fails to appear in court subject to a capias for his arrest or a show cause summons for his
failure to appear and remains a fugitive from justice for one year following the issuance of the capias or
the summons to show cause, and appointed counsel has appeared at a hearing on behalf of the accused.

Effective July 1, 2007, the Executive Secretary of the Supreme Court of Virginia shall track and
pet the number and category of offenses charged involving adult and juvenile offenders in cases in
which SOU ApEO LID counsel is assigned. The Executive Secretary shall also track and report the
amounts paid by waiver above the initial cap to court-appointed counsel. The Executive Secretary shall
provide these reports to the Govemor, members of the House Appropriations Committee, and members
of the Senate Finance Committee on a quarterly basis.

§ 19.2-163.01. Virginia Indi Defense C issi blished; powers and duties.

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 attomeys seeking eligibility to serve as
courte appotnted 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
attomeys 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 attomey'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 attomey 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 attomey 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 the
Senate Committees for Courts of Justice, the House Committee on Appropriations, and the Senate
Committee on Finance on the caseload handled by each public defender office.

i a6 maintain all public defender and regional capital 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 or capital _
s the case may be, who shall devote his full time to his duties and not engage in the private practice of
aw.

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

10. To authorize the public defender or capital 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
@F capital defender to secure such office space as needed, to purchase or rent office equipment, to

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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 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 wa uublic 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.

§ 19.2-163.4:1. Repayment of representation costs by convicted persons.

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

§ 19.2-169.3. Disposition of the unrestorably incompetent defendant; aggravated murder charge;
sexually violent offense charge.

A. If, at any time after the defendant is ordered to undergo treatment pursuant to subsection A of
§ 19.2-169.2, the director of the community services board or behavioral health authority or his designee
or the director of the treating inpatient facility or his designee concludes that the defendant is likely to
remain incompetent for the foreseeable future, he shall send a report to the court so stating. The report
shall also indicate whether, in the board, authority, or inpatient facility director's or his designee's
opinion, the defendant should be released, committed pursuant to Article 5 (§ 37.2-814 et seq.) of
Chapter 8 of Title 37.2, committed pursuant to Chapter 9 (§ 37.2-900 et seq.) of Title 37.2, or certified
pursuant to § 37.2-806 in the event he is found to be unrestorably incompetent. Upon receipt of the
Teport the court shall make a competency determination according to the procedures specified in
subsection E of § 19.2-169.1. If the court finds that the defendant is incompetent and is likely to remain
so for the foreseeable future, it shall order that he be (i) released, (ii) committed pursuant to Article 5
(§ 37.2-814 et seq.) of Chapter 8 of Title 37.2, or (iii) certified pursuant to § 37.2-806. However, if the
court finds that the defendant is incompetent and is likely to remain so for the foreseeable future and the
defendant has been charged with a sexually violent offense, as defined in § 37.2-900, he shall be
screened pursuant to the procedures set forth in §§ 37.2-903 and 37.2-904. If the court finds the
defendant incompetent but restorable to competency in the foreseeable future, it may order treatment
continued until six months have elapsed from the date of the defendant's initial admission under
subsection A of § 19.2-169.2.

B. At the end of six months from the date of the defendant's initial admission under subsection A of
§ 19.2-169.2 if the defendant remains incompetent in the opinion of the board, authority, or inpatient
facility director or his designee, the director or his designee shall so notify the court and make
recommendations concerning disposition of the defendant as described in subsection A. The court shall
hold a hearing according to the procedures specified in subsection E of § 19.2-169.1 and, if it finds the
defendant unrestorably incompetent, shall order one of the dispositions described in subsection A. If the
court finds the defendant incompetent but restorable to competency, it may order continued treatment
under subsection A of § 19.2-169.2 for additional six-month periods, provided a hearing pursuant to
subsection E of § 19.2-169.1 is held at the completion of each such period and the defendant continues
to be incompetent but restorable to competency in the foreseeable future.

C. If any defendant has been charged with a misdemeanor in violation of Article 3 (§ 18.2-95 et

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seq.) of Chapter 5 of Title 18.2 or Article 5 (§ 18.2-119 et seq.) of Chapter 5 of Title 18.2, other than a
misdemeanor charge pursuant to § 18.2-130 or Article 2 (§ 18.2-415 et seq.) of Chapter 9 of Title 18.2,
and is being treated pursuant to subsection A of § 19.2-169.2, and after 45 days has not been restored
to competency, the director of the community service board, behavioral health authority, or the director
of the treating inpatient facility, or any of their designees, shall send a report indicating the defendant's
status to the court. The report shall also indicate whether the defendant should be released or committed
pursuant to § 37.2-817 or certified pursuant to § 37.2-806. Upon receipt of the report, if the court
determines that the defendant is still incompetent, the court shall order that the defendant be released,
committed, or certified, and may dismiss the charges against the defendant.

D. Unless an incompetent defendant is charged with capital aggravated murder or the charges against
an incompetent criminal defendant have been previously dismissed, charges against an unrestorably
incompetent defendant shall be dismissed on the date upon which his sentence would have expired had
he been convicted and received the maximum sentence for the crime charged, or on the date five years
from the date of his arrest for such charges, whichever is sooner.

E. If the court orders an unrestorably incompetent defendant to be screened pursuant to the
procedures set forth in §§ 37.2-903 and 37.2-904, it shall order the attommey for the Commonwealth in
the jurisdiction wherein the defendant was charged and the Commissioner of Behavioral Health and
Developmental Services to provide the Director of the Department of Corrections with any information
relevant to the review, including, but not limited to: (i) a copy of the warrant or indictment, (ii) a copy
of the defendant's criminal record, (iii) information about the alleged crime, (iv) a copy of the
competency report completed pursuant to § 19.2-169.1, and (v) a copy of the report prepared by the
director of the defendant's community services board, behavioral health authority, or treating inpatient
facility or his designee pursuant to this section. The court shall further order that the defendant be held
in the custody of the Department of Behavioral Health and Developmental Services for secure
confinement and treatment until the Commitment Review Committee's and Attorney General's review
and any subsequent hearing or trial are completed. If the court receives notice that the Attomey General
has declined to file a petition for the commitment of an unrestorably incompetent defendant asa
sexually violent predator after conducting a review pursuant to § 37.2-905, the court shall order that the
defendant be released, committed pursuant to Article 5 (§ 37.2-814 et seq.) of Chapter 8 of Title 37.2,
or certified pursuant to § 37.2-806.

F, In any case when an incompetent defendant is charged with capital aggravated murder and has
been determined to be unrestorably incompetent, notwithstanding any other provision of this section, the
charge shall not be dismissed and the court having jurisdiction over the capital aggravated murder case
may order that the defendant receive continued treatment under subsection A of § 19.2-169.2 ina
secure facility determined by the Commissioner of the Department of Behavioral Health and
Developmental Services where the defendant shall remain until further order of the court, provided that
(i) a hearing pursuant to subsection E of § 19.2-169.1 is held at yearly intervals for five years and at
biennial intervals thereafter, or at any time that the director of the treating facility or his designee
submits a competency report to the court in accordance with subsection D of § 19.2-169.1 that the
defendant's competency has been restored, (ii) the defendant remains income (iii) the court finds
continued treatment to be medically appropriate, and (iv) the defendant presents a danger to himself or
others. No unrestorably incompetent defendant charged with capital aggravated murder shall be released
except pursuant to a court order.

G. The attomey for the Commonwealth may bring charges that have been dismissed against the
defendant when he is restored to competency.

§ 19.2-175. Compensation of experts.

Each psychiatrist, clinical psychologist or other expert appointed by the court to render professional
service pursuant to § 19.2-168.1, 19.2-169.1, 19.2-169.5, 19.2-182.8, 19.2-182.9, 19.2-264.3.1,
49.2-264-3:3 or 19.2-301, who is not regularly employed by the Commonwealth of Virginia except by
the University of Virginia School of Medicine and the Medical College of Virginia Commonwealth
University School of Medicine, shall receive a reasonable fee for such service. For any psychiatrist,
clinical psychologist, or other expert appointed by the court to render such professional services who is
regularly employed by the Commonwealth of Virginia, except by the University of Virginia School of
Medicine or the Medical College of Virginia Commonwealth University School of Medicine, the fee
shall be paid only for professional services provided during nonstate hours that have been approved by
his employing agency as being beyond the scope of his state employment duties. The fee shall be
determined in each instance by the court that appointed the expert, in accordance with guidelines
established by the Supreme Court after consultation with the Department of Behavioral Health and
Developmental Services. Except in capital aggravated murder cases pursuant to § 18.2-31, the fee shall
not exceed $750, but in addition if any such expert is required to appear as a witness in any hearing
held pursuant to such sections, he shall receive mileage and a fee of $100 for each day during which he

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is required so to serve. An itemized account of expense, duly sworn to, must be presented to the court,
and when allowed shall be certified to the Supreme Court for payment out of the state treasury, and be
charged against the appropriations made to pay criminal charges. Allowance for the fee and for the per
diem authorized shall also be made by order of the court, duly certified to the Supreme Court for
payment out of the appropriation to pay criminal charges.

§ 19.2-217.1. Central file of aggravated murder indictments.

Upon the return by a grand jury of an indictment for capital aggravated murder and the arrest of the
defendant, the clerk of the circuit court in which such indictment is returned shall forthwith file a
certified copy of the indictment with the clerk of the Supreme Court of Virginia. All such indictments
shall be maintained in a single place by the clerk of the Supreme Court, and shall be available to
members of the public upon request. Failure to comply with the provisions of this section shall not be
(i) a basis upon which an indictment may be quashed or deemed invalid; (ii) deemed error upon which a
conviction may be reversed or a sentence vacated; or (iii) a basis upon which a court may prevent or
delay execution of a sentence.

§ 19.2-247. Venue in certain homicide cases.

Where evidence exists that a homicide has been committed either within or without the
Commonwealth, under circumstances that make it unknown where such crime was committed, the
homicide and any related offenses shall be amenable to prosecution in the courts of the county or city
where the body or any part thereof of the victim may be found or, if the victim was removed from the
Commonwealth for medical treatment prior to death and died outside the Commonwealth, in the courts
of the county or city from which the victim was removed for medical treatment prior to death, as if the
offense has been committed in such county or city. In a prosecution fer capital murder pursuant to
subdivision A 8 of § 18.2-31, the offense may be prosecuted in any jurisdiction in the Commonwealth in
which any one of the killings may be prosecuted.

§ 19.2-270.4:1. Storage, preservation and retention of human biological evidence in felony cases.

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

case of a person sentenced to death, the court that entered the judgment shall, in all cases,

for storage as provided in this section.

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

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

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

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subdivisions.

§ 19,2-295.3. (Effective until July 1, 2021) Admission of victim impact testimony.

Whether by trial or upon a plea of guilty, upon a finding that the defendant is guilty of a felony, the
court shall petal 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, the court shall permit the victim to testify at
the sentencing hearing conducted pursuant to § 19.2-295.1 or in the case of trial by the court or a guilty
plea, the court shall permit the victim to testify before the court prior to the imposition of a sentence.
Victim i i i i shall be admitted in with § 192-2644.

testimony in all capital murder cases

§ 19.2-295.3. (Effective July 1, 2021) Admission of victim impact testimony.

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 an 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. Victim impact testimony

§ 19.2-299, Investigations and reports by probation officers in certain cases.

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
attomey 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
attomey 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, 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

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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 capital offense 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.

§ 19.2-299.1. When Victim Impact Statement required; contents; uses.

The presentence report prepared pursuant to § 19.2-299 shall, with the consent of the victim, as
defined in § 19.2-11.01, in all cases involving offenses other than capital murder, include a Victim
Impact Statement. Victim Impact Statements in all cases involving capital murder shall be prepared and

bmitted in 4 with isions of §19.2.264.5.

the p : 3:

A Victim Impact Statement shall be kept confidential and shall be sealed upon entry of the
sentencing order. If prepared by someone other than the victim, it shall (i) identify the victim, (ii)
itemize any economic loss suffered by the victim as a result of the offense, (iii) identify the nature and
extent of any physical or psychological injury suffered by the victim as a result of the offense, (iv)
detail any change in the victim's personal welfare, lifestyle or familial relationships as a result of the
offense, (v) identify any request for psychological or medical services initiated by the victim or the
victim's family as a result of the offense, and (vi) provide such other information as the court may
require related to the impact of the offense upon the victim.

If the court does not order a presentence investigation and report, the attomey for the Commonwealth
shall, at the request of the victim, submit a Victim Impact Statement. In any event, a victim shall be
advised by the local crime victim and witness assistance program that he may submit in his own words
a written Victim Impact Statement prepared by the victim or someone the victim designates in writing.

The Victim Impact Statement may be considered by the court in determining the appropriate
sentence. A copy of the statement prepared pursuant to this section shall be made available to the
defendant or counsel for the defendant without court order at least five days prior to the sentencing
hearing. The statement shall not be admissible in any civil proceeding for damages arising out of the
acts upon which the conviction was based. The statement, however, may be utlized by the Virginia
Workers' Compensation Commission in its determinations on claims by victims of crimes pursuant to
Chapter 21.1 (§ 19.2-368.1 et seq.) of this title

§ 19.2-311. Indeterminate commitment to Department of Corrections in certain cases; duration
and character of commitment; concurrence by Department.

A. The judge, after a finding of guilt, when fixing punishment in those cases specifically enumerated
in subsection B of this section, may, in his discretion, in lieu of imposing any other penalty provided b
law and, with consent of the person convicted, commit such person for a period of four years, whic
commitment shall be indeterminate in character. In addition, the court shall impose a period of
confinement which shall be suspended. Subject to the provisions of subsection C hereef, such persons
shall be committed to the Department of Corrections for confinement in a state facility for youthful
offenders established pursuant to § 53.1-63. Such confinement shall be followed by at least one and
one-half years of supervisory parole, conditioned on good behavior. The sentence of indeterminate
commitment and eligibility for continuous evaluation and parole under § 19.2-313 shall remain in effect
but eligibility for use of programs and facilities established pursuant to § 53.1-63 shall lapse if such

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person (i) exhibits intractable behavior as defined in § 53.1-66 or (ii) is convicted of a second criminal
offense which is a felony. A sentence imposed for any second criminal offense shall run consecutively
with the indeterminate sentence.

B. The provisions of subsection A ef this section shall be applicable to first convictions in which the
person convicted:

1. Committed the offense of which convicted before becoming twenty-one 21 years of age;

2. Was convicted of a felony offense other than any of the following: capital aggravated murder,
murder in the first degree or murder in the second degree or a violation of §§ § 18.2-61, 18.2-67.1, or
18.2-67.2 or subdivision A 1 of § 18.2-67.3; and

3. Is considered by the judge to be capable of returning to society as a productive citizen following a
reasonable amount of rehabilitation.

C. Subsequent to a finding of guilt and prior to fixing punishment, the Department of Corrections
shall, concurrently with the evaluation required by § 19.2-316, review all aspects of the case to
determine whether (i) such defendant is physically and emotionally suitable for the program, (ii) such
indeterminate sentence of commitment is in the best interest of the Commonwealth and of the person
convicted, and (iii) facilities are available for the confinement of such person. After the review such
person shall be again brought before the court, which shall review the findings of the Department. The
court may impose a sentence as authorized in subsection A, or any other penalty provided by law.

D. Upon the defendant's failure to complete the program established pursuant to § 53.1-63 or to
comply with the terms and conditions through no fault of his own, the defendant shall be brought before
the court for hearing. Notwithstanding the provisions for pronouncement of sentence as set forth in
§ 19.2-306, the court, after hearing, may pronounce whatever sentence was originally imposed,
pronounce a reduced sentence, or impose such other terms and conditions of probation as it deems
appropriate.

§ 19.2-319. When ion of to be suspended; bail; appeal from denial.

If a person sentenced by a circuit court to death er confinement in the state correctional aility
indicates an intention to apply for a wit of error, the circuit court shall postpone the execution of suc!
sentence for such time as it may deem proper.

In any other criminal case wherein Judgment is given by any court to which a writ of error lies, and
in any case of judgment for any civil or criminal contempt, from which an appeal may be taken or to
which a writ of error lies, the court giving such judgment may postpone the execution thereof for such
time and on such terms as it deems proper.

In any case after conviction if the sentence, or the execution thereof, is suspended in accordance with
this section, or for any other cause, the court, or the judge thereof, may, and in any case of a
misdemeanor shall, set bail in such penalty and for appearance at such time as the nature of the case
may require; provided that, if the conviction was for a violent felony as defined in § 19.2-297.1 and the
defendant was sentenced to serve a period of incarceration not subject to suspension, then the court shall
presume, subject to rebuttal, that no condition or combination of conditions of bail will reasonably
assure the appearance of the convicted person or the safety of the public.

In any case in which the court denies bail, the reason for such denial shall be stated on the record of
the case. A writ of error from the Court of Appeals shall lie to any such judgment refusing bail or
requiring excessive bail, except that in any case where a been sentenced to death, a writ of
error shall lie from the Supreme Court. Upon review by the Court of Appeals or the Court, if
the decision by the trial court to deny bail is overruled, the appellate court Court of Appeals shall either
set bail or remand the matter to circuit court for such further action regarding bail as the court
Court of Appeals directs.

§ 19.2-321.2. Motion in the Supreme Court for delayed appeal in criminal cases.

A. Filing and content of motion. When, due to the error, neglect, or fault of counsel representing the
appellant, or of the court reporter, or of the Court of Appeals or the circuit court or an officer or
employee of either, an appeal from the Court of Appeals to the Supreme Court in a criminal case has (i)
never been initiated; (ii) been dismissed for failure to adhere to proper form, procedures, or time limits
in the perfection of the appeal; (iii) been dismissed in part because at least one assignment of error
contained in the petition for appeal did not adhere to proper form or procedures; or (iv) been denied or
the conviction has been affirmed, for failure to file or timely file the indispensable transcript or written
statement of facts as required by law or by the Rules of Supreme Court; then a motion for leave to
pursue a delayed appeal may be filed in the Supreme Court within six months after the appeal has been
dismissed or denied, the conviction has been affirmed, or the Court of Appeals judgment sought to be
appealed has become final, whichever is later. Such motion shall identify by the style, date, and Court
of Appeals record number of the judgment sought to be appealed, and, if one was assigned in a prior
attempt to appeal the judgment to the Supreme Court, shall give the record number assigned in the
Supreme Court in that proceeding, and shall set forth the specific facts establishing the said error,

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neglect, or fault. If the error, neglect, or fault is alleged to be that of an attorney representing the
appellant, the motion shall be accompanied by the affidavit of the attomey whose error, neglect, or fault
is alleged, verifying the specific facts alleged in the motion, and certifying that the appellant is not
personally responsible, in whole or in part, for the error, neglect, or fault causing loss of the original
opportunity for appeal.

B. Service, response, and disposition. Such motion shall be served on the attorney for the
Commonwealth or, if a petition for appeal was granted in the Court of Appeals or in the Supreme Court
in the original attempt to appeal, upon the Attorney General, in accordance with Rule 5:4 of the
Supreme Court. If the Commonwealth disputes the facts alleged in the motion, or contends that those
facts do not entitle the appellant to a delayed appeal under this section, the motion shall be denied
without prejudice to the appellant's right to seek a delayed appeal by means of petition for a writ of
habeas corpus. Otherwise, the Supreme Court shall, if the motion meets the requirements of this section,
grant appellant leave to initiate or re-initiate pursuit of the appeal from the Court of Appeals to the
Supreme Court.

C. Time limits when motion granted. If the motion is granted, all computations of time under the
Rules of Supreme Court shall run from the date of the order of the Supreme Court granting the motion,
or if the appellant has been determined to be indigent, from the date of the order by the circuit court
appointing counsel to represent the appellant in the delayed appeal, whichever is later.

D. Applicability. The provisions of this section shall not apply to cases in which the appellant is
responsible, in whole or in part, for the error, neglect, or fault causing loss of the original opportunity
for appeal, nor shall it apply in cases where the claim of error, neglect, or fault has already been alleged
and rejected in a prior judicial proceeding, ner shall it apply in cases in which a sentence of death fas
been i

§ 19.2-327.1. Motion by a convicted felon or person adjudicated delinquent for scientific
analysis of newly discovered or previously untested scientific evidence; procedure.

A. Notwithstanding any other provision of law or rule of court, any person convicted of a felony or
any person who was adjudicated delinquent by a circuit court of an offense that would be a felony if
committed by an adult may, by motion to the circuit court that entered the original conviction or the
adjudication of delinquency, apply for a new scientific investigation of any human biological evidence
related to the case that resulted in the felony conviction or adjudication of delinquency if (i) the
evidence was not known or available at the time the conviction or adjudication of delinquency became
final in the circuit court or the evidence was not previously subjected to testing; (ii) the evidence is
subject to a chain of custody sufficient to establish that the evidence has not been altered, tampered
with, or substituted in any way; (iii) the testing is materially relevant, noncumulative, and necessary and
may prove the actual innocence of the convicted person or the person adjudicated delinquent; (iv) the
testing requested involves a scientific method generally accepted within the relevant scientific
community; and (v) the person convicted or adjudicated delinquent has not unreasonably delayed the
filing of the petition after the evidence or the test for the evidence became available.

B. The petitioner shall assert categorically and with specificity, under oath, the facts to support the
items enumerated in subsection A and (i) the crime for which the person was convicted or adjudicated
delinquent, (ii) the reason or reasons the evidence was not known or tested by the time the conviction or
adjudication of delinquency became final in the circuit court, and (iii) the reason or reasons that the
newly discovered or untested evidence may prove the actual innocence of the person convicted or
adjudicated delinquent. Such motion shall contain all relevant allegations and facts that are known to the
petitioner at the time of filing and shall enumerate and include all previous records, applications,
petitions, and appeals and their dispositions.

C. The petitioner shall serve a copy of such motion upon the attorney for the Commonwealth. The
Commonwealth shall file its response to the motion within 30 days of the receipt of service. The court
shall, no sooner than 30 and no later than 90 days after such motion is filed, hear the motion. Motions
made by a petiti under a of death shall be given priority on the docket.

D. The court shall, after a hearing on the motion, set forth its findings specifically as to each of the
items enumerated in subsections A and B and either (i) dismiss the motion for failure to comply with
the requirements of this section or (ii) dismiss the motion for failure to state a claim upon which relief
can be granted or (iii) order that the testing be done.

E. The court shall order the tests to be performed by:

1. A laboratory mutually selected by the Commonwealth and the applicant; or

2. A laboratory selected by the court that ordered the testing if the Commonwealth and the applicant
are unable to agree on a laboratory.

If the testing is conducted by the Department of Forensic Science, the court shall prescribe in its
order, pursuant to standards and guidelines established by the Department, the method of custody,
transfer, and retum of evidence submitted for scientific investigation sufficient to insure and protect the
Commonwealth's interest in the integrity of the evidence. The results of any such testing shall be

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furnished simultaneously to the court, the petitioner and his attorney of record and the attorney for the

ealth. The D of E shall give testing to cases in which a
sentence of death has been imposed. The results of any tests performed and any hearings held pursuant
to this section shall become a part of the record.

If the testing is not conducted by the Department of Forensic Science, it shall be conducted by a
laboratory that is accredited by an accrediting body that requires conformance to forensic-specific
requirements and that is a signatory to the Intemational Laboratory Accreditation Cooperation (ILAC)
Mutual Recognition Arrangement with a scope of accreditation that covers the testing being performed
and follows the appropriate Quality Assurance Standards issued by the Federal Bureau of y investigation,

Nothing in this section shall constitute to

grounds to delay setting an on eccauan dae pursuant
§,28,1-282-1 or to grant a slay of execution that has been set pursuant to clause Gi} or Gv) of §—

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

H. G. In any petition filed pursuant to this chapter, the petitioner is entitled to representation by
counsel subject to the provisions of Article 3 (§ 19.2-157 et seq.) of Chapter 10.

§ 19.2-327.3. Contents and form of the petition based on previously unknown or untested
human biological evidence of actual innocence.

A. The petitioner shall allege categorically and with specificity, under oath, the following: (i) the
crime for which the petitioner was convicted or the offense for which the petitioner was adjudicated
delinquent; (ii) that the petitioner is actually innocent of the crime for which he was convicted or
adjudicated delinquent; (iii) an exact description of the human biological evidence and the scientific
testing supporting the allegation of innocence; (iv) that the evidence was not previously known or
available to the petitioner or his trial attorney of record at the time the conviction or adjudication of
delinquency became final in the circuit court, or if known, the reason that the evidence was not subject
to the scientific testing set forth in the petition; (v) the date the test results under § 19.2-327.1 became
known to the petitioner or any attorney of record; (vi) that the petitioner or his attomey of record has
filed the petition within 60 days of obtaining the test results under § 19.2-327.1; (vii) the reason or
reasons the evidence will prove that no rational trier of fact would have found proof of guilt or
delinquency beyond a reasonable doubt; and (viii) for any conviction or adjudication of delinquency that
became final in the circuit court after June 30, 1996, that the evidence was not available for testing
under § 9.1-1104. The Supreme Court may issue a say | of execution pending proceedings under ie
petition. Nothing in this shall constitute to delay an execution date

-+ oF to grant a stay ef execution as ‘boon det puriout io clause Gi) oF Gof

B. Such petition shall contain all relevant allegations of facts that are known to the petitioner at the
time of filing and shall enumerate and include all revious records, applications, petitions, and appeals
and their dispositions. A copy of any test results shall be filed with the petition. The petition shall be
filed on a form provided by the Supreme Court. If the petitioner fails to submit a completed form, the
Court may dismiss the petition or return the petition to the prisoner pending the completion of ‘such
form. The petitioner shall be responsible for all statements contained in the petition. Any false statement
in the petition, if such statement is knowingly or willfully made, shall be a ground for prosecution and
conviction of perjury as provided for in § 18.2-434.

C. The Supreme Court shall not accept the petition unless it is accompanied by a duly executed
retum of service in the form of a verification that a copy of the petition and all attachments has been
served on the attomey for the Commonwealth of the jurisdiction where the conviction or adjudication of
delinquency occurred and the Attorney General or an acceptance of service signed by these officials, or
any combination thereof. The Attorney General shall have 30 days after receipt of the record by the
clerk of the Supreme Court in which to file a response to the petition. The response may contain a
proffer of any evidence pertaining to the guilt or delinquency or innocence of the petitioner that is not
included in the record of the case, including evidence that was suppressed at trial.

D. The Supreme Court may, ‘when the case has been before a trial or appellate court, inspect the
record of any trial or appellate court action, and the Court may, in any case, award a writ of certiorari
to the clerk of the respective court below, and have brought before the Court the whole record or any
part of any record.

E. In any petition filed pursuant to this chapter, the petitioner is entitled to representation by counsel
subject to the provisions of Article 3 (§ 19.2-157 et seq.) of Chapter 10.

§ 19.2-327.11. Contents and form of the petition based on previously unknown or unavailable

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evidence of actual innocence.

A. The petitioner shall allege categorically and with specificity, under oath, all of the following: (i)
the crime for which the petitioner was convicted or the offense for which the petitioner was adjudicated
delinquent; (ii) that the petitioner is actually innocent of the crime for which he was convicted or the
offense for which he was adjudicated delinquent; (iii) an exact description of (a) the previously unknown
or unavailable evidence supporting the allegation of innocence or (b) the previously untested evidence
and the scientific testing supporting the allegation of innocence; (iv)(a) that such evidence was
previously unknown or unavailable to the petitioner or his trial attorney of record at the time the
conviction or adjudication of delinquency became final in the circuit court or (b) if known, the reason
that the evidence was not subject to scientific testing set forth in the petition; (v) the date (a) the
previously unknown or unavailable evidence became known or available to the petitioner and the
circumstances under which it was discovered or (b) the results of the scientific testing of previously
untested evidence became known to the petitioner or any attorney of record; (vi)(a) that the previously
unknown or unavailable evidence is such as could not, by the exercise of diligence, have been
discovered or obtained before the expiration of 21 days following entry of the final order of conviction
or adjudication of delinquency by the circuit court or (b) that the testing procedure was not available at
the time the conviction or 24 judication of delinquency became final in the circuit court; (vii) that the
previously unknown, unavailable, or untested evidence is material and, when considered with all of the
other evidence in the current record, will prove that no rational trier of fact would have found proof of
guilt or delinquency beyond a reasonable doubt; and (viii) that the previously unknown, inavailahle, or
untested evidence is not merely cumulative, corroborative, or collateral. Nothing in this chapter shall
constitute grounds to delay setting an Hien date p §— 53:4-2324 oF te grant a stay of
execution has been set pursuant to clause Gi} er Gy} ef § 534-2324 er te delay or stay any other
appeals following conviction or adjudication of delinquency, or petitions to any court. Human biological
evidence may not be used as the sole basis for seeking relief under this writ but may be used in
conjunction with other evidence.

B. Such petition shall contain all relevant allegations of facts that are known to the petitioner at the
time of filing; shall be accompanied by all relevant documents, affidavits, and test results; and shall
enumerate and include all relevant previous records, applications, petitions, and appeals and their
dispositions. The petition shall be filed on a form provided by the Supreme Court. If the petitioner fails
to submit a completed form, the Court of Appeals may dismiss the petition or retum the petition to the

etitioner pending the completion of such form. Any false statement in the petition, if such statement is
nowingly or willfull nade shall be a pound for prosecution of perjury as provided for in § 18.2-434.

C. In cases brought by counsel for the petitioner, the Court of Appeals shall not accept the petition
unless it is accompanied by a duly executed return of service in the form of a verification that a copy of
the petition and all attachments have been served on the attomey for the Commonwealth of the
jurisdiction where the conviction or adjudication of delinquency occurred and the Attorney General, or
an acceptance of service signed by these officials, or any combination thereof. In cases brought by
petitioners pro se, the Court of Appeals shall not accept the petition unless it is accompanied by a
certificate that a copy of the petition and all attachments have been sent, by certified mail, to the
attomey for the Commonwealth of the jurisdiction where the conviction or adjudication of delinquency
occurred and the Attorney General. If the Court of Appeals does not summarily dismiss the petition, it
shall so notify in writing the Attomey General, the attomey for the Commonwealth, and the petitioner.
The Attorney General shall have 60 days after receipt of such notice in which to file a response to the
petition that may be extended for good cause shown; however, nothing shall prevent the Attorney
General from filing an earlier response. The response may contain a proffer of any evidence pertaining
to the guilt or delinquency or innocence of the petitioner that is not included in the record of the case,
including evidence that was suppressed at trial.

D. The Court of Appeals may inspect the record of any trial or appellate court action, and the Court
may, in any case, award a writ of certiorari to the clerk of the respective court below, and have brought
before the Court the whole record or any part of any record. If, in the judgment of the Court, the
petition fails to state a claim, or if the assertions of previously unknown, unavailable, or untested
evidence, even if true, would fail to qualify for the granting of relief under this chapter, the Court may
dismiss the petition summarily, without any hearing or a response from the Attorney General.

E. In any petition filed pursuant to this chapter that is not summarily dismissed, the petitioner is
entitled to representation by counsel subject to the provisions of Article 3 (§ 19.2-157 et seq.) and
Article 4 (§ 19.2-163.3 et seq.) of Chapter 10. The Court of Appeals may, in its discretion, appoint
counsel prior to deciding whether a petition should be summarily diemissed.

§ 19.2-389.1. Dissemination of juvenile record information.

Record information maintained in the Central Criminal Records Exchange pursuant to the provisions
of § 16.1-299 shall be disseminated only (i) to make the determination as provided in §§ 18.2-308.2 and
18.2-308.2:2 of eligibility to possess or purchase a firearm; (ii) to aid in the preparation of a pretrial


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investigation report prepared by a local pretrial services agency established pursuant to Article 5
(§ 19.2-152.2 et seq.) of Chapter 9, a presentence or post-sentence investigation report pursuant to §
492-2645 or 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 (AFIS) computer; (v) to attorneys for the
Commonwealth to secure information incidental to sentencing and to attomeys 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 Department of Forensic Science to
verify its authority to maintain the juvenile's sample in the DNA data bank pursuant to § 16.1-299.1;
(viii) to the Office of the Attorney General, for al cqisnival justice activities otherwise permitted and for
purposes of performing duties required by the Civil Commitment of Sexually Violent Predators Act
(§ 37.2-900 et seq.); (ix) to the Virginia Criminal Sentencing Commission for research purposes; (x) to
members of a threat assessment team established by a school board pursuant to § 22.1-79.4, by a public
institution of higher education pursuant to § 23.1-805, or by a private nonprofit institution of higher
education, to aid in the assessment or intervention with individuals whose behavior may present a threat
to safety; however, no member of a threat assessment team shall redisclose any juvenile record
information obtained pursuant to this section or otherwise use any record of an individual beyond the
purpose that such disclosure was made to the threat assessment team; (xi) 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; (xii) 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;
and (xiii) 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.

§ 19.2-389.3. Marijuana possession; limits on dissemination of criminal history record
information; prohibited practices by employers, educational institutions, and state and local
governments; penalty.

A. Records relating to the arrest, criminal charge, or conviction of a person for a violation of
§ 18.2-250.1, including any violation charged under § 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 § 192-2645 er 19.2-299 or in the preparation of the discretionary sentencin
guidelines worksheets pursuant to subsection C of § 19.2-298.01; (iii) to aid local community-base
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 attomeys for the Commonwealth to secure information incidental to sentencing and to
attomeys 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 las 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

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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 epplicant 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 govemments shall not, in any
application, interview, or otherwise, require an applicant for a license, permit, registration, or
govemmental 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 conceming any
arrest, criminal charge, or conviction, include a reference to or information conceming 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.

§ 19.2-400. Appeal lies to the Court of Appeals; time for filing notice.

An arpral taken pursuant to § 19.2-398, including such an appeal in a capital an aggravated murder
case, shall lie to the Court of Appeals of Virginia.

No appeal shall be allowed the Commonwealth pursuant to subsection A of § 19.2-398 unless within
seven days after entry of the order of the circuit court from which the appeal is taken, and before a jury
is impaneled and swom if there is to be trial by jury or, in cases to be tried without a jury, before the
court begins to hear or receive evidence or the first witness is sworn, whichever occurs first, the
Commonwealth files a notice of appeal with the clerk of the trial court. If the appeal relates to
suppressed evidence, the attomey for the Commonwealth shall certify in the notice of appeal that the
appeal is not taken for the purpose of delay and that the evidence is substantial proof of a fact material
to the proceeding. All other requirements related to the notice of appeal shall be governed by Part Five
A of the Rules of the Supreme Court. Upon the filing of a timely notice of appeal, the order from
which the pretrial appeal is taken and further trial proceedings in the circuit court, except for a bail
hearing, shall thereby be suspended pending disposition of the appeal.

An appeal by the Commonwealth pursuant to subsection C of § 19.2-398 shall be governed by Part
Five A of the Rules of the Supreme Court.

§ 53,1-204. If prisoner commits any other felony, how punished.

If a prisoner in a state, local or community correctional facility or in the custody of an employee
thereof commits any felony other than those specified in §§ 18.2-31, 18.2-55 and 53.1-203, which is
punishable by confinement in a state correctional facility or by death, such prisoner shall be subject to
the same punishment therefor as if he were not a prisoner.

§ 53.1-229. Powers vested in Governor.

In accordance with the provisions of Article V, Section 12 of the Constitution of Virginia, the power
to commute capi i to grant pardons or reprieves is vested in the Govemor.

§ 54.1-3307. Specific powers and duties of Board.

A. The Board shall regulate the practice of pharmacy and the manufacturing, dispensing, selling,
distributing, processing, compounding, or disposal of drugs and devices. The Board shall also control the
character and standard of all drugs, cosmetics, and devices within the Commonwealth, investigate all
complaints as to the quality and strength of all drugs, cosmetics, and devices, and take such action as
may be necessary to prevent the manufacturing, dispensing, selling, distributing, processing,

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compounding, and disposal of such drugs, cosmetics, and devices that do not conform to the
requirements of law.

The Board's regulations shall include criteria for:

1. Maintenance of the quality, quantity, integrity, safety, and efficacy of drugs or devices distributed,
dispensed, or administered.

2. Compliance with the prescriber’s instructions regarding the drug and its quantity, quality, and
directions for use.

3. Controls and safeguards against diversion of drugs or devices.

4, Maintenance of the integrity of, and public confidence in, the profession and improving the
delivery of quality pharmaceutical services to the citizens of Virginia.

5. Maintenance of complete records of the nature, quantity, or quality of drugs or substances
distributed or dispensed and of all transactions involving controlled substances or drugs or devices so as
to provide adequate information to the patient, the practitioner, or the Board.

6. Control of factors contributing to abuse of legitimately obtained drugs, devices, or controlled
substances.

7. Promotion of scientific or technical advances in the practice of pharmacy and the manufacture and
distribution of controlled drugs, devices, or substances.

8. Impact on costs to the public and within the health care industry through the modification of
mandatory practices and procedures not essential to meeting the criteria set out in subdivisions 1 through
7

9. Such other factors as may be relevant to, and consistent with, the public health and safety and the
cost of rendering pharmacy services.
The Board may collect and examine specimens of drugs, devices, and cosmetics that are
manufactured, distributed, stored, or dispensed in the Gommenyecli
G. The Board shall December + eee ae of the Senate Committes on

Chapter 10 of Title 19.2, Article 4.1 (§§ 19.2-264.2 through 19.2-264.5) of Chapter 15 of Title 19.2,
§ 53.1-230, and Chapter 13 (§§ 53.1-232 through 53.1-236) of Title 53.1 of the Code of Virginia are
repealed.

3. That any person under a sentence of death imposed for an offense committed prior to July 1,
2021, but who has not been executed by July 1, 2021, shall have his sentence changed to life
imprisonment, and such person shall not be eligible for (i) parole, (ii) any good conduct allowance
or any earned sentence credits under Chapter 6 (§ 53.1-186 et seq.) of Title 53.1 of the Code of
Virginia, or (iii) conditional release pursuant to § 53.1-40.01 of the Code of Virginia.

4. That the provisions of this act may result in a net increase in periods of imprisonment or
commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the
necessary appropriation is $77,376 for periods of imprisonment in state adult correctional facilities
and $0 for periods of commitment to the custody of the Department of Juvenile Justice.

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