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2010 SESSION
10104648DBe it enacted by the General Assembly of Virginia:
1. That §§ 19.2-215.2 and 19.2-215.3 of the Code of Virginia are amended and reenacted as follows:
§ 19.2-215.2. Application for such grand jury.
Provided the Attorney General has approved the application in
writing prior to submission, application for a multi-jurisdiction grand jury
may be made to the Supreme Court of Virginia by two or more attorneys for the
Commonwealth from jurisdictions which would be within the original scope of the
investigation. The application shall be in writing and shall state (i) which
jurisdictions will be involved in the original scope of the investigation, (ii)
in which jurisdiction it is requested that the multi-jurisdiction grand jury be
convened, (iii) the name of the circuit court judge who is requested to preside
over the grand jury, (iv) the name or names of the attorneys for the
Commonwealth or their assistants who will serve as special counsel to the grand
jury, (iv) and (v) the name of the attorney who shall direct the
grand jury proceedings. The presiding judge may extend or limit the
jurisdictional territory of the investigation, for good cause shown, upon the
motion of a grand jury already convened. Notice of every such application shall
be given to the attorneys for the Commonwealth in the jurisdictions named in
the application and, if the original scope of the investigation is extended
into other jurisdictions, notice of such extension shall be given to the
attorneys for the Commonwealth in the jurisdictions into which the
investigation is extended.
§ 19.2-215.3. When impaneled; impaneling order.
Upon application by two or more attorneys for the Commonwealth, the Chief Justice of the Supreme Court, or any justice designated by the Chief Justice, may within twenty days thereafter order the impaneling of a multi-jurisdiction grand jury for a term of twelve months. The term of such a grand jury may be extended for successive periods of not more than six months by the Chief Justice, or by any justice designated by the Chief Justice, upon the petition of a majority of the members of the grand jury.
The impaneling order shall appoint a judge of a circuit
court from one of the jurisdictions named on the application as the presiding
judge and shall designate the jurisdiction requested on the application
as the jurisdiction where the multi-jurisdiction grand jury shall be
convened and shall appoint a judge of the circuit court of that jurisdiction
as the presiding judge. The impaneling order shall also designate special
counsel and each special counsel who will assist the multi-jurisdiction grand
jury as listed in the application. The presiding judge shall substitute or
appoint additional special counsel upon motion of special counsel.