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2015 SESSION

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15102303D
SENATE BILL NO. 1290 Offered January 14, 2015 Prefiled January 14, 2015 A BILL to amend and reenact §§ 19.2-244 and 19.2-247 of the Code of Virginia, relating to venue in criminal cases. ---------- Patron-- Stuart ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That §§ 19.2-244 and 19.2-247 of the Code of Virginia are amended and reenacted as follows:

§ 19.2-244. Venue in general.

A. Except as otherwise provided by law, the prosecution of a criminal case shall be had in the county or city in which the offense was committed. Except as to motions for a change of venue, all other questions of venue must be raised before verdict in cases tried by a jury and before the finding of guilty in cases tried by the court without a jury.

B. If an offense has been committed within the Commonwealth and the county or city where the offense is alleged to have occurred cannot be determined, venue for the prosecution of the offense may be had in any county or city in which the defendant resides or is apprehended or to which the defendant is extradited.

§ 19.2-247. Venue in certain homicide cases.

Where evidence exists that a homicide has been committed either within or without this the Commonwealth, under circumstances which that make it unknown where such crime was committed, the offense homicide and any related offenses shall be amenable to prosecution in the courts of the county or city where the body or any part thereof of the victim may be found or, if the victim was removed from the Commonwealth for medical treatment prior to death and died outside the Commonwealth, in the courts of the county or city from which the victim was removed for medical treatment prior to death, as if the offense has been committed in such county or city. In a prosecution for capital murder pursuant to subdivision 8 of § 18.2-31, the offense may be prosecuted in any jurisdiction in the Commonwealth in which any one of the killings may be prosecuted.