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2006 SESSION
061134160Be it enacted by the General Assembly of Virginia:
1. That § 19.2-266.2 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-266.2. Defense objections to be raised before trial; hearing; bill of particulars.
A. Defense motions or objections
seeking (i) suppression of evidence on the grounds such evidence was obtained
in violation of the provisions of the Fourth, Fifth or Sixth Amendments to the
Constitution of the United States or Article I, Section 8, 10 or 11 of the
Constitution of Virginia proscribing illegal searches and seizures and
protecting rights against self-incrimination; (ii) dismissal of a warrant,
information, or indictment or any count or charge thereof on the ground that:
(a) the defendant would be deprived of a speedy trial in violation of the
provisions of the Sixth Amendment to the Constitution of the United States,
Article I, Section 8 of the Constitution of Virginia, or § 19.2-243; or (b) the
defendant would be twice placed in jeopardy in violation of the provisions of
the Fifth Amendment to the Constitution of the United States or Article I,
Section 8 of the Constitution of Virginia; or (iii) dismissal of a warrant,
information, or indictment or any count or charge thereof on the ground that a
statute upon which it was based is unconstitutional shall be raised by motion
or objection, .
B. Such a motion or objection in a proceeding in circuit court shall be raised in writing, before trial. The motions or objections shall be filed and notice given to opposing counsel not later than seven days before trial in circuit court or, if made under clause (ii), at such time prior to trial in circuit court as the grounds for the motion or objection shall arise, whichever occurs last. A hearing on all such motions or objections shall be held not later than three days prior to trial in circuit court, unless such period is waived by the accused, as set by the trial judge. The circuit court may, however, for good cause shown and in the interest of justice, permit the motions or objections to be raised at a later time.
C. To assist the defense in filing
such motions or objections in a timely manner, the trial circuit
court shall, upon motion of the defendant, direct the Commonwealth
to file a bill of particulars pursuant to § 19.2-230. The trial court shall fix
the time within which such bill of particulars is to be filed. Upon further
motion of the defendant, the trial court may, upon a showing of good cause,
direct the Commonwealth to supplement its bill of particulars. The attorney for
the Commonwealth shall certify that the matters stated in the bill of
particulars are true and accurate to the best of his knowledge and belief.
D. In a criminal proceeding in district court, any motion or objection as described in subsection A may be raised prior to or at trial. In the event such a motion or objection is raised, the district court may grant a continuance for good cause shown.