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2013 SESSION

13101632D
SENATE BILL NO. 938
Offered January 9, 2013
Prefiled January 7, 2013
A BILL to amend and reenact 19.2-215.1 of the Code of Virginia, relating to multijurisdiction grand jury.
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Patron-- Obenshain
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:

1.  That 19.2-215.1 of the Code of Virginia is amended and reenacted as follows:

19.2-215.1. Functions of a multijurisdiction grand jury.

The functions of a multijurisdiction grand jury are:

1. To investigate any condition that involves or tends to promote criminal violations of:

a. Title 10.1 for which punishment as a felony is authorized;

b. 13.1-520;

c. 18.2-47 and 18.2-48;

d. 18.2-111 and 18.2-112;

e. Article 6 ( 18.2-59 et seq.) of Chapter 4 of Title 18.2;

f. Article 7.1 ( 18.2-152.1 et seq.) of Chapter 5 of Title 18.2;

g. Article 1 ( 18.2-247 et seq.) and Article 1.1 ( 18.2-265.1 et seq.) of Chapter 7 of Title 18.2;

h. Article 1 ( 18.2-325 et seq.) and Article 1.1:1 ( 18.2-340.15 et seq.) of Chapter 8 of Title 18.2, Chapter 29 ( 59.1-364 et seq.) of Title 59.1 or any other provision prohibiting, limiting, regulating, or otherwise affecting gaming or gambling activity;

i. 18.2-434, when violations occur before a multijurisdiction grand jury;

j. Article 2 ( 18.2-438 et seq.) and Article 3 ( 18.2-446 et seq.) of Chapter 10 of Title 18.2;

k. 18.2-460 for which punishment as a felony is authorized;

l. Article 1.1 ( 18.2-498.1 et seq.) of Chapter 12 of Title 18.2;

m. Article 1 ( 32.1-310 et seq.) of Chapter 9 of Title 32.1;

n. Chapter 4.2 ( 59.1-68.6 et seq.) of Title 59.1;

o. Article 9 ( 3.2-6570 et seq.) of Chapter 65 of Title 3.2;

p. Article 1 ( 18.2-30 et seq.) of Chapter 4 of Title 18.2;

q. Article 2.1 ( 18.2-46.1 et seq.) and Article 2.2 ( 18.2-46.4 et seq.) of Chapter 4 of Title 18.2;

r. Article 5 ( 18.2-186 et seq.) and Article 6 ( 18.2-191 et seq.) of Chapter 6 of Title 18.2;

s. Chapter 6.1 ( 59.1-92.1 et seq.) of Title 59.1;

t. 18.2-178 where the violation involves insurance fraud; and

u. Article 2 ( 18.2-38 et seq.) of Chapter 4 of Title 18.2;

v. Malicious felonious assault and malicious bodily wounding under Article 4 ( 18.2-51 et seq.) of Chapter 4 of Title 18.2;

w. Article 5 ( 18.2-58 et seq.) of Chapter 4 of Title 18.2;

x. Felonious sexual assault under Article 7 ( 18.2-61 et seq.) of Chapter 4 of Title 18.2;

y. Arson in violation of 18.2-77 when the structure burned was occupied or a Class 3 felony violation of 18.2-79;

z. Chapter 13 ( 18.2-512 et seq.) of Title 18.2; and

aa. Any other provision of law when such condition is discovered in the course of an investigation that a multijurisdiction grand jury is otherwise authorized to undertake and to investigate any condition that involves or tends to promote any attempt, solicitation or conspiracy to violate the laws enumerated in this section.

2. To report evidence of any criminal offense enumerated in subdivision 1 to the attorney for the Commonwealth or United States attorney of any jurisdiction where such offense could be prosecuted or investigated and, when appropriate, to the Attorney General.

3. To consider bills of indictment prepared by a special counsel to determine whether there is sufficient probable cause to return each such indictment as a "true bill." Only bills of indictment which allege an offense enumerated in subdivision 1 may be submitted to a multijurisdiction grand jury.

4. The provisions of this section shall not abrogate the authority of an attorney for the Commonwealth in a particular jurisdiction to determine the course of a prosecution in that jurisdiction.