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2017 SESSION

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HB 2452 Discovery in criminal cases; duty to provide.

Introduced by: Rick L. Morris | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Discovery in criminal cases; duty to provide. Provides that the attorney for the Commonwealth, upon written notice by an accused to the court and to the attorney for the Commonwealth, must permit the accused to inspect, copy, or photograph (i) any relevant written or recorded statements or confessions made by the accused and the substance of any oral statements or confessions made by the accused to any law-enforcement officer; (ii) any relevant written reports of autopsies, ballistic tests, fingerprint analyses, handwriting analyses, blood, urine, and breath tests, other scientific reports, and written reports of a physical or mental examination of the accused or the alleged victim; (iii) designated books, papers, documents, tangible objects, buildings, or places, or copies or portions thereof, that are within the possession, custody, or control of the Commonwealth; and (iv) any relevant police reports. The bill provides that the attorney for the Commonwealth may withhold or redact certain information from such disclosures made and that the accused may file a motion to compel disclosure of any information withheld or redacted. The bill also provides that if the accused files a written notice that the accused must permit the Commonwealth to inspect, copy, or photograph any (a) books, papers, documents, photographs, motion pictures, mechanical or electronic recordings, tangible objects, or copies or portions thereof that are within the possession, custody, or control of the accused and that the accused intends to introduce in evidence at the trial and (b) photographic results or reports of physical or mental examinations or of tests, measurements, or experiments made in connection with the case, or copies thereof, within the possession and control of the accused that the accused intends to introduce in evidence at the trial or that were prepared by a witness whom the accused intends to call at the trial, when the results or reports relate to his testimony. The accused's duty to provide discovery shall be in addition to any duty to provide reciprocal discovery pursuant to Rule 3A:11 of the Rules of Supreme Court of Virginia.


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