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2000 SESSION
008976912Be it enacted by the General Assembly of Virginia:
1. That § 19.2-299 of the Code of Virginia is amended and reenacted as follows:
§ 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, 18.2-57.1 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 maiming or driving while
intoxicated in violation of § 18.2-51.4 or § 18.2-266, and is adjudged guilty
of such charge, the court may , or on motion of the defendant shall, or (ii)
upon a felony charge, the court may when there is a plea agreement between the
defendant and the Commonwealth and shall when the defendant pleads guilty
without a plea agreement or is found guilty by the court after a plea of not
guilty, 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, and all other relevant
facts, to fully advise the court so the court may determine the appropriate sentence
to be imposed. 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. The probation officer shall be available to
testify from this report in open court in the presence of the accused, who
shall have been 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 sealed
upon the entry of the sentencing order by the court and made available only by
court order, except that such reports or copies thereof shall be available at
any time to any criminal justice agency, as defined in § 9-169, 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. Any report prepared pursuant to the provisions hereof shall
without court order be made available to counsel for the person who is the
subject of the report if that person is charged with a felony subsequent to the
time of the preparation of the report. 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.
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, committed on or after January 1, 2000, the defendant shall be required to undergo a substance abuse screening pursuant to § 18.2-251.01.