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2006 SESSION
Be 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) of subsection A, 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 circuit
court shall fix the time within which such bill of particulars is to be filed.
Upon further motion of the defendant, the trial circuit
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 such proceeding. In the event such a motion or objection is raised, the district court shall, upon motion of the Commonwealth grant a continuance for good cause shown.