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Chapter 1 - General Provisions
§ 19.2-1. Repealing clause - All acts and parts of acts, all sections of this...
§ 19.2-2. Effect of repeal of Title 19.1 and enactment of this title - The repeal of Title 19.1 effective as of October 1,...
§ 19.2-3. Certain notices, recognizances and processes validated - Any notice given, recognizance taken, or process or writ issued...
§ 19.2-3.1. Personal appearance by two-way electronic video and audio communication; standards - A. Where an appearance is required or permitted before a...
§ 19.2-4. References to former sections, articles or chapters of Titles 18.1 and 19.1 - Whenever in this title any of the conditions, requirements, provisions...
§ 19.2-5. Meaning of certain terms - As used in this title, unless otherwise clearly indicated by...
§ 19.2-6. Appointive power of circuit courts - Unless otherwise specifically provided, whenever an appointive power is given...
§ 19.2-7. Rewards for arrest of persons convicted of or charged with offenses; rewards for conviction of unknown offenders - The Governor may offer a reward for apprehending and securing...
§ 19.2-8. Limitation of prosecutions - A prosecution for a misdemeanor, or any pecuniary fine, forfeiture,...
§ 19.2-8.1. Prosecution for murder or manslaughter; passage of time not a limitation - A prosecution for murder or manslaughter, whether at common law...
§ 19.2-9. Prosecution of certain criminal cases removed from state to federal courts; costs - When any person indicted in the courts of this Commonwealth...
§ 19.2-9.1. Written notice required for complaining witness who is requested to take polygraph test - A. For offenses not specified in subsection B, if a...
§ 19.2-10. Outlawry abolished - No proceeding of outlawry shall hereafter be instituted or prosecuted....
§ 19.2-10.1. Subpoena duces tecum for obtaining records concerning banking and credit cards - A. A financial institution as defined in § 6.2-604, money...
§ 19.2-10.2. Administrative subpoena issued for record from provider of electronic communication service or remote computing service - A. A provider of electronic communication service or remote computing...
§ 19.2-10.3. Reasonable suspicion required to stop, board, or inspect a noncommercial vessel on navigable waters of the Commonwealth - A. Notwithstanding any other provision of law, no law-enforcement officer...
§ 19.2-10.4. Subpoena duces tecum; attorney-issued subpoena duces tecum - In any criminal case a subpoena duces tecum may be...
§ 19.2-11. Procedure in contempt cases - No court or judge shall impose a fine upon a...
Chapter 1.1 - Crime Victim and Witness Rights Act
§ 19.2-11.01. Crime victim and witness rights - A. In recognition of the Commonwealth's concern for the victims...
§ 19.2-11.02. Prohibiting inquiry into the immigration status of certain victims or witnesses of crime - A. No law-enforcement officer, as defined in § 9.1-101, shall,...
§ 19.2-11.1. Establishment of crime victim-witness assistance programs; funding; minimum standards - Any local governmental body which establishes, operates and maintains a...
§ 19.2-11.2. Crime victim's right to nondisclosure of certain information; exceptions; testimonial privilege - Upon request of any witness in a criminal prosecution under...
§ 19.2-11.3. Virginia Crime Victim-Witness Fund - There is hereby established the Virginia Crime Victim-Witness Fund as...
§ 19.2-11.4. Establishment of victim-offender reconciliation program - A. Any Crime Victim and Witness Assistance Program may establish...
Chapter 1.2 - Physical Evidence Recovery Kits
§ 19.2-11.5. Definitions - As used in this chapter, unless the context requires a...
§ 19.2-11.6. Anonymous physical evidence recovery kits - A. When a victim of sexual assault who undergoes a...
§ 19.2-11.7. Law enforcement taking possession of physical evidence recovery kits - A. A health care provider that has collected a physical...
§ 19.2-11.8. Submission of physical evidence recovery kits to the Department - A. A law-enforcement agency that receives a physical evidence recovery...
§ 19.2-11.9. Lack of compliance with procedures - The failure of a law-enforcement agency to take possession of...
§ 19.2-11.10. Expungement of DNA profile - If the Department receives written confirmation from a law-enforcement agency...
§ 19.2-11.11. Victim's right to notification of scientific analysis information - A. In addition to the rights provided under Chapter 1.1...
§ 19.2-11.12. Costs of physical evidence recovery kits - No victim of sexual assault shall be charged for the...
§ 19.2-11.13. Physical Evidence Recovery Kit Tracking System - A. The Department shall maintain a statewide electronic tracking system...
Chapter 2 - Conservators of the Peace and Special Policemen
§ 19.2-12. Who are conservators of the peace - Every judge and attorney for the Commonwealth throughout the Commonwealth...
§ 19.2-13. Special conservators of the peace; authority; jurisdiction; registration; liability of employers; penalty; report - A. Upon the submission of an application, which shall include...
§ 19.2-13.1. Application for special conservator of the peace by locality - No official or employee of a school board or county,...
§ 19.2-14. Conservators of the peace for fairgrounds and cemeteries; bond required - The superintendent or other person in charge of any fairgrounds...
§ 19.2-15. When conservator appointed under § 19.2-13 need not be a citizen - Any such conservator appointed under the provisions of § 19.2-13...
§ 19.2-16. Repealed - Repealed by Acts 1994, c. 205.
§ 19.2-17. Repealed - Repealed by Acts 1996, c. 850.
§ 19.2-18. Powers and duties generally - Every conservator of the peace shall have authority to arrest...
§ 19.2-19. Recognizance to keep the peace; when required - If any person threatens to kill or injure another or...
§ 19.2-20. Same; complaint and issuance of warrant therefor - If complaint be made to any magistrate or judge that...
§ 19.2-21. Same; procedure when accused appears - When such person appears, if the judge, on hearing the...
§ 19.2-22. Same; arrest without a warrant - A person arrested without a warrant by any conservator of...
§ 19.2-23. Payment of fees or mileage allowances into county or city treasury - Any conservator or policeman appointed under the provisions of this...
§ 19.2-24. When appeal may be taken; witnesses recognized; bail - Any person from whom a recognizance is required under the...
§ 19.2-25. Power of court on appeal - The court may dismiss the complaint or affirm the judgment,...
Chapter 3 - Magistrates
§ 19.2-26. Repeal of inconsistent statutes, municipal charters, etc. - All acts and parts of acts, all sections of this...
§ 19.2-27. Effect of repeal of Title 39.1 on prior acts, offenses, etc. - The repeal of Title 39.1 effective as of January 1,...
§ 19.2-28. Certain notices, recognizances and processes validated - Any notice given, recognizance taken, or process or writ issued,...
§ 19.2-29. References to former sections, articles and chapters in Title 39.1 - Whenever in Chapter 3 (§ 19.2-26 et seq.) of this...
§ 19.2-30. Repealed - Repealed by Acts 2008, cc. 551 and 691, cl. 2.
§ 19.2-31. Abolition of office of issuing justice - Effective January 1, 1974, the office of issuing justice as...
§ 19.2-32. References to justices of the peace - References in law to justices of the peace shall be...
§ 19.2-33. Office of magistrate - The office of magistrate shall be vested with all the...
§ 19.2-34. Number of magistrates - There shall be appointed as many magistrates as are necessary...
§ 19.2-35. Appointment; supervision generally - Magistrates and any other personnel in the office of the...
§ 19.2-36. Chief magistrates - A. The Executive Secretary of the Supreme Court of Virginia...
§ 19.2-37. Magistrates; eligibility for appointment; restrictions on activities - A. Any person who is a United States citizen and...
§ 19.2-38. Probationary period; compensation and benefits; vacancies; revocation of appointment - Persons appointed as magistrates under the provisions of this chapter...
§ 19.2-38.1. Training standards; training prerequisite to reappointment; waiver - The Committee on District Courts shall establish minimum training and...
§ 19.2-39. Bond - Every magistrate appointed under the provisions of this chapter shall...
§ 19.2-40. Repealed - Repealed by Acts 1980, c. 758.
§ 19.2-41. Repealed - Repealed by Acts 2008, cc. 551 and 691, cl. 2.
§ 19.2-42. Repealed - Repealed by Acts 2004, c. 327.
§ 19.2-43. Duty of Executive Secretary of Supreme Court - It shall be the duty of the Executive Secretary of...
§ 19.2-44. Territorial jurisdiction - A magistrate shall be authorized to exercise the powers conferred...
§ 19.2-44.1. Repealed - Repealed by Acts 1976, c. 138.
§ 19.2-45. Powers enumerated - A magistrate shall have the following powers only: (1) To...
§ 19.2-46. Compensation - The salaries of all magistrates shall be fixed and paid...
§ 19.2-46.1. Salaries to be fixed by the Executive Secretary; limitations; mileage allowance - Salaries of magistrates and any other personnel in the office...
§ 19.2-46.2. Full-time magistrates; certification for retirement coverage - The Committee on District Courts shall certify to the director...
§ 19.2-47. Magistrate not to receive claims or evidence of debt for collection - No magistrate shall receive claims or evidence of debt for...
§ 19.2-47.1. Disposition of funds - All funds paid to and collected by or on behalf...
§ 19.2-48. Audits - The Auditor of Public Accounts shall audit the records of...
§ 19.2-48.1. Quarters for magistrates - A. The counties and cities served by a magistrate or...
Chapter 4 - Special Magistrates
§ 19.2-49. Repealed - Repealed by Acts 1980, c. 758.
Chapter 5 - Search Warrants
§ 19.2-52. When search warrant may issue - Except as provided in § 19.2-56.1, search warrants, based upon...
§ 19.2-53. What may be searched and seized - A. Search warrants may be issued for the search of...
§ 19.2-53.1. Taking blood samples pursuant to search warrant; immunity - No cause of action shall lie in any court against...
§ 19.2-54. Affidavit preliminary to issuance of search warrant; general search warrant prohibited; effect of failure to file affidavit - No search warrant shall be issued until there is filed...
§ 19.2-55. Issuing general search warrant or search warrant without affidavit deemed malfeasance - Any person having authority to issue criminal warrants who wilfully...
§ 19.2-56. To whom search warrant directed; what it shall command; warrant to show date and time of issuance; copy of affidavit to be part of warrant and served therewith; warrants not executed within 15 days - A. The judge, magistrate, or other official authorized to issue...
§ 19.2-56.1. Warrant issued for search of attorney's office - A. Any warrant sought for the search of a premises...
§ 19.2-56.2. Application for and issuance of search warrant for a tracking device; installation and use - A. As used in this section, unless the context requires...
§ 19.2-57. Execution and return of warrant; list of property seized - The warrant shall be executed by the search of the...
§ 19.2-58. Disposition of property seized - If any such warrant be executed by the seizure of...
§ 19.2-59. Search without warrant prohibited; when search without warrant lawful - No officer of the law or any other person shall...
§ 19.2-59.1. Strip searches prohibited; exceptions; how strip searches conducted - A. No person in custodial arrest for a traffic infraction,...
§ 19.2-60. Motion for return of seized property and to suppress - A person aggrieved by an allegedly unlawful search or seizure...
§ 19.2-60.1. Use of unmanned aircraft systems by public bodies; search warrant required - A. As used in this section, unless the context requires...
Chapter 6 - Interception of Wire, Electronic or Oral Communications
§ 19.2-61. Definitions - As used in this chapter: "Aggrieved person" means a person...
§ 19.2-62. Interception, disclosure, etc., of wire, electronic or oral communications unlawful; penalties; exceptions - A. Except as otherwise specifically provided in this chapter any...
§ 19.2-63. Manufacture, possession, sale or advertising of certain devices unlawful; penalties; exceptions - A. Except as otherwise specifically provided in this chapter, any...
§ 19.2-63.1. Supervision and control of devices; unauthorized possession - Any electronic, mechanical or other device as defined in this...
§ 19.2-64. Forfeiture of unlawful devices - Any electronic, mechanical or other device used, manufactured, assembled, possessed,...
§ 19.2-65. When intercepted communications and evidence derived therefrom not to be received in evidence - Whenever any wire or oral communication has been intercepted, no...
§ 19.2-66. When Attorney General or Chief Deputy Attorney General may apply for order authorizing interception of communications - A. The Attorney General or Chief Deputy Attorney General, if...
§ 19.2-67. Disclosure of information obtained by authorized means - A. Any investigative or law-enforcement officer, or police officer of...
§ 19.2-68. Application for and issuance of order authorizing interception; contents of order; recording and retention of intercepted communications, applications and orders; notice to parties; introduction in evidence of information obtained - A. Each application for an order authorizing the interception of...
§ 19.2-69. Civil action for unlawful interception, disclosure, or use - Any person whose wire, electronic, or oral communication is intercepted,...
§ 19.2-70. Reports to be filed by courts and Attorney General - All courts of the Commonwealth and the Attorney General shall...
§ 19.2-70.1. General prohibition on pen register and trap and trace device use; exceptions - Except as provided in this section, no person may install...
§ 19.2-70.2. Application for and issuance of order for a pen register or trap and trace device; assistance in installation and use - A. An investigative or law-enforcement officer may make application for...
§ 19.2-70.3. Obtaining records concerning electronic communication service or remote computing service - A. A provider of electronic communication service or remote computing...
Chapter 7 - Arrest
§ 19.2-71. Who may issue process of arrest - A. Process for the arrest of a person charged with...
§ 19.2-72. When it may issue; what to recite and require - On complaint of a criminal offense to any officer authorized...
§ 19.2-73. Issuance of summons instead of warrant in certain cases - A. In any misdemeanor case or in any class of...
§ 19.2-73.1. Notice of issuance of warrant or summons; appearance; failure to appear - In any misdemeanor case or in any class of misdemeanor...
§ 19.2-73.2. Law-enforcement officers to issue subpoenas; penalty - Law-enforcement officers as defined in § 9.1-101 and state police...
§ 19.2-74. Issuance and service of summons in place of warrant in misdemeanor case; issuance of summons by special conservators of the peace - A. 1. Whenever any person is detained by or is...
§ 19.2-74.1. Repealed - Repealed by Acts 1981, c. 382.
§ 19.2-75. Copy of process to be left with accused; exception - Except as provided in § 46.2-936, any process issued against...
§ 19.2-76. Execution and return of warrant, capias or summons; arrest outside county or city where charge is to be tried - A law-enforcement officer may execute within his jurisdiction a warrant,...
§ 19.2-76.1. Submission of quarterly reports concerning unexecuted felony and misdemeanor warrants and other criminal process; destruction; dismissal - It shall be the duty of the chief law-enforcement officer...
§ 19.2-76.2. Mailing of summons in certain cases - Notwithstanding the provisions of § 19.2-76, whenever a summons for...
§ 19.2-76.3. Failure to appear on return date for summons issued under § 19.2-76.2 - A. If any person fails to appear on the date...
§ 19.2-77. Escape, flight and pursuit; arrest anywhere in Commonwealth - Whenever a person in the custody of an officer shall...
§ 19.2-78. Uniform of officer making arrest - All officers whose duties are to make arrests acting under...
§ 19.2-79. Arrest by officers of other states of United States - Any member of a duly organized state, county or municipal...
§ 19.2-80. Duty of arresting officer; bail - In any case in which an officer does not issue...
§ 19.2-80.1. When arrested person operating motor vehicle; how vehicle removed from scene of arrest - In any case in which a police officer arrests the...
§ 19.2-80.2. Duty of arresting officer; providing magistrate or court with criminal history information - In any case in which an officer proceeds under §§...
§ 19.2-81. Arrest without warrant authorized in certain cases - A. The following officers shall have the powers of arrest...
§ 19.2-81.1. Arrest without warrant by correctional officers in certain cases - Any correctional officer, as defined in § 53.1-1, may arrest,...
§ 19.2-81.2. Power of correctional officers and designated noncustodial employees to detain - A. A correctional officer, as defined in § 53.1-1, who...
§ 19.2-81.3. Arrest without a warrant authorized in cases of assault and battery against a family or household member and stalking and for violations of protective orders; procedure, etc. - A. Any law-enforcement officer with the powers of arrest may...
§ 19.2-81.4. Repealed - Repealed by Acts 2008, cc. 600 and 771, cl. 2.
§ 19.2-81.5. Cooperation with a law-enforcement officer - Upon receipt of a request and documentation of an indictment...
§ 19.2-81.6. Authority of law-enforcement officers to arrest illegal aliens - All law-enforcement officers enumerated in § 19.2-81 shall have the...
§ 19.2-82. Procedure upon arrest without warrant - A. A person arrested without a warrant shall be brought...
§ 19.2-82.1. Giving false identity to law-enforcement officer; penalty - Any person who falsely identifies himself to a law-enforcement officer...
§ 19.2-83. Repealed - Repealed by Acts 1994, c. 273.
§ 19.2-83.1. Report of arrest of school employees and adult students for certain offenses - A. Every state official or agency and every sheriff, police...
§ 19.2-83.2. Jail officer to ascertain citizenship of inmate - Whenever any person is taken into custody at any jail...
Chapter 7.1 - Law-Enforcement Officer Conduct During an Arrest or Detention
§ 19.2-83.3. Definitions - As used in this chapter, unless the context requires a...
§ 19.2-83.4. Prohibited practices for law-enforcement officers during an arrest or detention - A. The use of a neck restraint by a law-enforcement...
§ 19.2-83.5. Use of deadly force by a law-enforcement officer during an arrest or detention - A. A law-enforcement officer shall not use deadly force against...
§ 19.2-83.6. Failure of a law-enforcement officer to intervene in use of excessive force - A. Any law-enforcement officer who, while in the performance of...
§ 19.2-83.7. Penalties for violations of this chapter - In addition to any other penalty authorized by law, any...
Chapter 8 - Extradition of Criminals
§ 19.2-84. Governor to surrender on requisition of President - The Governor shall whenever required by the executive authority of...
§ 19.2-85. Definitions - When appearing in this chapter: (1) The term "Governor" includes...
§ 19.2-86. Fugitives from justice; duty of Governor - Subject to the provisions of this chapter, the provisions of...
§ 19.2-87. Form of demand - No demand for the extradition of a person charged with,...
§ 19.2-88. Governor may investigate case - When a demand shall be made upon the Governor by...
§ 19.2-89. Extradition of persons imprisoned or awaiting trial in another state - When it is desired to have returned to this Commonwealth...
§ 19.2-90. Extradition of persons who have left demanding state involuntarily - The Governor may also surrender on demand of the executive...
§ 19.2-91. Extradition of persons not in demanding state at time of commission of crime - The Governor may also surrender, on demand of the executive...
§ 19.2-92. Issuance of Governor's warrant of arrest; its recitals - If the Governor decides that a demand for the extradition...
§ 19.2-93. Manner and place of execution of warrant - Such warrant shall authorize the officer or other person to...
§ 19.2-94. Assistance to arresting officer - Every officer or other person empowered to make the arrest,...
§ 19.2-95. Rights of accused persons; application for writ of habeas corpus - No person arrested upon such warrant shall be delivered over...
§ 19.2-96. Penalty for noncompliance with preceding section - Any officer who shall deliver to the agent for extradition...
§ 19.2-97. Confinement in jail when necessary - The officer or persons executing the Governor's warrant of arrest,...
§ 19.2-98. Same; for prisoners being taken through Commonwealth - The officer or agent of a demanding state to whom...
§ 19.2-99. Arrest prior to requisition - Whenever: (1) any person within this Commonwealth shall be charged...
§ 19.2-100. Arrest without warrant - The arrest of a person may be lawfully made also...
§ 19.2-101. Confinement to await requisition; bail - If from the examination before the judge it appears that...
§ 19.2-102. In what cases bail allowed; conditions of bond - Unless the offense with which the prisoner is charged is...
§ 19.2-103. Discharge, recommitment or renewal of bail - If the accused is not arrested under warrant of the...
§ 19.2-104. Forfeiture of bail - If the prisoner is admitted to bail and fails to...
§ 19.2-105. Persons under criminal prosecution in this Commonwealth at time of requisition - If a criminal prosecution has been instituted against such person...
§ 19.2-106. When guilt or innocence of accused inquired into - The guilt or innocence of the accused as to the...
§ 19.2-107. Governor may recall warrant or issue alias - The Governor may recall his warrant of arrest or may...
§ 19.2-108. Fugitives from this Commonwealth; duty of Governor - Whenever the Governor shall demand a person charged with crime...
§ 19.2-109. Application for requisition for return of person charged with crime - When the return to this Commonwealth of a person charged...
§ 19.2-110. Application for requisition for return of escaped convict, etc. - When the return to this Commonwealth is required of a...
§ 19.2-111. Form of such applications; copies, etc. - The application shall be verified by affidavit, shall be executed...
§ 19.2-112. Costs and expenses of extradition - A. The expenses incident to the extradition of any person...
§ 19.2-113. Immunity from service of process in certain civil actions - A person brought into this Commonwealth by, or after waiver...
§ 19.2-114. Written waiver of extradition proceedings - Any person arrested in this Commonwealth charged with having committed...
§ 19.2-115. Nonwaiver by this Commonwealth - Nothing in this chapter contained shall be deemed to constitute...
§ 19.2-116. No right of asylum; no immunity from other criminal prosecutions while in this Commonwealth - After a person has been brought back to this Commonwealth...
§ 19.2-117. Interpretation of article - The provisions of this article shall be so interpreted and...
§ 19.2-118. Short title - This article may be cited as the Uniform Criminal Extradition...
Chapter 9 - Bail and Recognizances
§ 19.2-119. Definitions - As used in this chapter: "Bail" means the pretrial release...
§ 19.2-120. Admission to bail - Prior to conducting any hearing on the issue of bail,...
§ 19.2-120.1. Repealed - Repealed by Acts 2021, Sp. Sess. I, c. 337, cl....
§ 19.2-121. Fixing terms of bail - A. If the person is admitted to bail, the terms...
§ 19.2-122. Repealed - Repealed by Acts 1986, c. 327.
§ 19.2-123. Release of accused on secured or unsecured bond or promise to appear; conditions of release - A. Any person arrested for a felony who has previously...
§ 19.2-124. Appeal from bail, bond, or recognizance order - A. If a judicial officer denies bail to a person,...
§ 19.2-125. Release pending appeal from conviction in court not of record - A person who has been convicted of an offense in...
§ 19.2-126. Repealed - Repealed by Acts 1999, cc. 829 and 846.
§ 19.2-127. Conditions of release of material witness - If it appears by affidavit that the testimony of a...
§ 19.2-128. Penalties for failure to appear - A. Whoever, having been released pursuant to this chapter or...
§ 19.2-129. Power of court to punish for contempt - Nothing in this chapter shall interfere with or prevent the...
§ 19.2-130. Bail in subsequent proceeding arising out of initial arrest - A. Any person admitted to bail by a judge or...
§ 19.2-130.1. Bail terms set by court on a capias to be honored by magistrate - A magistrate who is to set the terms of bail...
§ 19.2-131. Bail for person held in jurisdiction other than that of trial - In any case in which a person charged with a...
§ 19.2-132. Motion to increase amount of bond fixed by judicial officer; when bond may be increased - A. If the amount of any bond fixed by a...
§ 19.2-132.1. Repealed - Repealed by Acts 1991, c. 581.
§ 19.2-134. When bail piece to be delivered to accused; form of bail piece - In all cases in which recognizances, at the suit of...
§ 19.2-134.1. Collection and reporting of data related to adults charged with a criminal offense punishable by confinement in jail or a term of imprisonment - A. The Virginia Criminal Sentencing Commission shall, on an annual...
§ 19.2-135. Commitment for trial; recognizance; notice to attorney for Commonwealth; remand on violation of condition - When a judicial officer considers that there is sufficient cause...
§ 19.2-136. How bonds in recognizances payable; penalty - Bonds in recognizances in criminal or juvenile cases shall be...
§ 19.2-137. Order of court on recognizance - When such recognizance is taken by a court of a...
§ 19.2-138. Repealed - Repealed by Acts 1987, c. 670.
§ 19.2-141. How recognizance taken for incapacitated or insane person or one under disability - A recognizance which would be taken of a person but...
§ 19.2-142. Where recognizance taken out of court to be sent - A person taking a recognizance out of court shall forthwith...
§ 19.2-143. Where default recorded; process on recognizance; forfeiture on recognizance; when copy may be used; cash bond - When a person, under recognizance in a case, either as...
§ 19.2-144. Forfeiture of recognizance while in military or naval service - If in any motion, action, suit or other proceeding made...
§ 19.2-145. How penalty remitted - When in an action or on a motion to extend...
§ 19.2-146. Defects in form of recognizance not to defeat action or judgment - No action or judgment on a recognizance shall be defeated...
§ 19.2-147. Docketing judgment on forfeited recognizance or bond - Whenever a judgment is entered in any court of record...
§ 19.2-148. Surety discharged on payment of amount, etc., into court - A surety on a bond in a recognizance may, after...
§ 19.2-149. How surety on a bond in recognizance may surrender principal and be discharged from liability; deposit for surrender of principal - A. A bail bondsman or his licensed bail enforcement agent...
§ 19.2-150. Proceeding when surety surrenders principal - If the surrender is to the court, the court shall...
§ 19.2-151. Satisfaction and discharge of assault and similar charges - When a person is in jail or under a recognizance...
§ 19.2-152. Order discharging recognizance or superseding commitment; judgment for costs - Every order discharging a recognizance shall be filed with the...
§ 19.2-152.1. Repealed - Repealed by Acts 2004, c. 460, effective July 1, 2005.
§ 19.2-152.2. Purpose; establishment of pretrial services and services agencies - It is the purpose of this article to provide more...
§ 19.2-152.3. Department of Criminal Justice Services to prescribe standards; biennial plan - The Department of Criminal Justice Services shall prescribe standards for...
§ 19.2-152.4. Mandated services - Any city, county or combination thereof which elects or is...
§ 19.2-152.4:1. Form of oath of office for local pretrial services officer; authorization to seek capias - Every pretrial services officer who is an employee of a...
§ 19.2-152.4:2. Confidentiality of records of and reports on adult persons under investigation by or in the custody or supervision of a local pretrial services agency - A. Any pretrial investigation report prepared by a local pretrial...
§ 19.2-152.4:3. Duties and responsibilities of local pretrial services officers - A. Each local pretrial services officer, for the jurisdictions served,...
§ 19.2-152.5. Community criminal justice boards - Each city, county or combination thereof establishing a pretrial services...
§ 19.2-152.6. Withdrawal from pretrial services - Any participating city or county may, at the beginning of...
§ 19.2-152.7. Funding; failure to comply - Counties and cities shall be required to establish a pretrial...
Chapter 9.1 - Protective Orders
§ 19.2-152.7:1. Definitions - As used in this chapter: "Act of violence, force, or...
§ 19.2-152.8. Emergency protective orders authorized - A. Any judge of a circuit court, general district court,...
§ 19.2-152.9. Preliminary protective orders - A. Upon the filing of a petition alleging that (i)...
§ 19.2-152.10. Protective order - A. The court may issue a protective order pursuant to...
§ 19.2-152.10:1. Hope Card Program for persons protected by protective orders - The Office of the Executive Secretary of the Supreme Court...
§ 19.2-152.11. Venue for protective orders - Proceedings in which a protective order is sought pursuant to...
§ 19.2-152.12. Compensation for required representation of respondents - Notwithstanding any other provision of law, when, in a proceeding...
Chapter 9.2 - Substantial Risk Orders
§ 19.2-152.13. Emergency substantial risk order - A. Upon the petition of an attorney for the Commonwealth...
§ 19.2-152.14. Substantial risk order - A. Not later than 14 days after the issuance of...
§ 19.2-152.15. Return or disposal of firearms - A. Any firearm taken into custody pursuant to § 19.2-152.13...
§ 19.2-152.16. False statement to law-enforcement officer, etc.; penalty - Any person who knowingly and willfully makes any materially false...
§ 19.2-152.17. Immunity of law-enforcement officers, etc.; chapter not exclusive - A. An attorney for the Commonwealth or a law-enforcement officer...
Chapter 10 - Disability of Judge or Attorney for Commonwealth; Court- Appointed Counsel; Interpreters; Transcripts
§ 19.2-153. When judge cannot sit on trial; how another judge procured to try the case - When the judge of a circuit court in which a...
§ 19.2-154. Death or disability of judge during trial; how another judge procured to continue with trial - If by reason of death, sickness or other disability the...
§ 19.2-155. Disqualification or temporary disability of attorney for Commonwealth; appointment of substitute; powers, duties and compensation of such appointee - If the attorney for the Commonwealth of any county or...
§ 19.2-156. Prolonged absence of attorney for Commonwealth - If it shall be necessary for the attorney for the...
§ 19.2-157. Duty of court when accused appears without counsel - Except as may otherwise be provided in §§ 16.1-266 through...
§ 19.2-158. When person not free on bail shall be informed of right to counsel and amount of bail - Every person charged with an offense described in § 19.2-157,...
§ 19.2-159. Determination of indigency; guidelines; statement of indigence; appointment of counsel - A. If the accused shall claim that he is indigent,...
§ 19.2-159.1. Interrogation by court; filing; change in circumstances; investigation by attorney for Commonwealth - A. The court shall thoroughly interrogate any person making the...
§ 19.2-160. Appointment of counsel or waiver of right - If the charge against the accused is a crime the...
§ 19.2-161. Penalty for false swearing with regard to statement of indigence - Any person charged with a felony who shall falsely swear...
§ 19.2-162. Continuances to be granted if necessary - Courts before which criminal proceedings are pending shall afford such...
§ 19.2-163. Compensation of court-appointed counsel - Upon submission to the court, for which appointed representation is...
§ 19.2-163.01. Virginia Indigent Defense Commission established; powers and duties - A. The Virginia Indigent Defense Commission (hereinafter Indigent Defense Commission...
§ 19.2-163.01:1. Supplementing compensation of public defender - A. The governing body of any county or city may...
§ 19.2-163.02. Membership of Indigent Defense Commission; expenses - The Virginia Indigent Defense Commission shall consist of 14 members...
§ 19.2-163.03. Qualifications for court-appointed counsel - A. Initial qualification requirements. An attorney seeking to represent an...
§ 19.2-163.04. Public defender offices - Public defender offices are established in: a. The City of...
§ 19.2-163.1. Repealed - Repealed by Acts 2004, cc. 884 and 921.
§ 19.2-163.3. Duties of public defenders - Public defenders shall carry out the following duties in accordance...
§ 19.2-163.4. Inapplicability of §§ 17.1-606 and 19.2-163 where public defender offices established; exception - In counties and cities in which public defender offices are...
§ 19.2-163.4:1. Repayment of representation costs by convicted persons - In any case in which an attorney from a public...
§ 19.2-163.5. Legal services to public defenders and/or assistant public defenders - At the request of a public defender, the Attorney General...
§ 19.2-163.6. Repealed - Repealed by Acts 2004, c. 884 and 921.
§ 19.2-163.7. Repealed - Repealed by Acts 2021, Sp. Sess. I, cc. 344 and...
§ 19.2-164. Interpreters for non-English-speaking persons (Supreme Court Rule 2:507 derived in part from this section) - In any criminal case in which a non-English-speaking person is...
§ 19.2-164.1. Interpreters for the deaf (Supreme Court Rule 2:507 derived in part from this section) - In any criminal case in which a deaf person is...
§ 19.2-165. Recording evidence and incidents of trial in felony cases; cost of recording; cost of transcripts; certified transcript deemed prima facie correct; request for copy of transcript - In all criminal cases in a court of record, the...
§ 19.2-165.1. Payment of medical fees in certain criminal cases; reimbursement - A. Except as provided in subsection B, all medical fees...
§ 19.2-166. Court reporters - Each judge of a court of record having jurisdiction over...
Chapter 11 - Proceedings on Question of Insanity
§ 19.2-167. Accused not to be tried while insane or feebleminded - No person shall, while he is insane or feebleminded, be...
§ 19.2-168. Notice to Commonwealth of intention to present evidence of insanity; continuance if notice not given - In any case in which a person charged with a...
§ 19.2-168.1. Evaluation on motion of the Commonwealth after notice - A. If the attorney for the defendant gives notice pursuant...
§ 19.2-169. Repealed - Repealed by Acts 1982, c. 653.
§ 19.2-169.1. (Effective until July 1, 2023) Raising question of competency to stand trial or plead; evaluation and determination of competency - A. Raising competency issue; appointment of evaluators. — If, at...
§ 19.2-169.1. (Effective July 1, 2023) Raising question of competency to stand trial or plead; evaluation and determination of competency - A. Raising competency issue; appointment of evaluators. — If, at...
§ 19.2-169.2. (Effective until July 1, 2023) Disposition when defendant found incompetent - A. Upon finding pursuant to subsection E or F of...
§ 19.2-169.2. (Effective July 1, 2023) Disposition when defendant found incompetent - A. Upon finding pursuant to subsection E or F of...
§ 19.2-169.3. (Effective until October 1, 2022) Disposition of the unrestorably incompetent defendant; aggravated murder charge; sexually violent offense charge - A. If, at any time after the defendant is ordered...
§ 19.2-169.3. (Effective October 1, 2022) Disposition of the unrestorably incompetent defendant; aggravated murder charge; sexually violent offense charge - A. If, at any time after the defendant is ordered...
§ 19.2-169.3:1. Disposition of the unrestorably incompetent defendant; capital murder charge; inpatient custody of the Commissioner - A. When a defendant charged with capital murder has been...
§ 19.2-169.4. Litigating certain issues when the defendant is incompetent - A finding of incompetency does not preclude the adjudication, at...
§ 19.2-169.5. Evaluation of sanity at the time of the offense; disclosure of evaluation results - A. Raising issue of sanity at the time of offense;...
§ 19.2-169.6. (Effective until October 1, 2022) Inpatient psychiatric hospital admission from local correctional facility - A. Any inmate of a local correctional facility may be...
§ 19.2-169.6. (Effective October 1, 2022) Inpatient psychiatric hospital admission from local correctional facility - A. Any inmate of a local correctional facility may be...
§ 19.2-169.7. Disclosure by defendant during evaluation or treatment; use at guilt phase of trial - No statement or disclosure by the defendant concerning the alleged...
§ 19.2-169.8. Orders for evaluation or treatment; duties of clerk; copies - A. Whenever a court orders an evaluation pursuant to §...
§ 19.2-170. Repealed - Repealed by Acts 1982, c. 653.
§ 19.2-174.1. Information required prior to admission to a mental health facility - Prior to any person being placed into the custody of...
§ 19.2-175. Compensation of experts - Each psychiatrist, clinical psychologist, or other expert appointed by the...
§ 19.2-176. Repealed - Repealed by Acts 2010, cc. 340 and 406, cl. 2.
§ 19.2-177. Repealed - Repealed by Acts 1988, cc. 787, 873.
§ 19.2-177.1. Repealed - Repealed by Acts 2010, cc. 340 and 406, cl. 2.
§ 19.2-178. Where prisoner kept when no vacancy in facility or hospital - When a court shall have entered any of the orders...
§ 19.2-179. Repealed - Repealed by Acts 1981, c. 310.
§ 19.2-180. Sentence or trial of prisoner when restored to sanity - When a prisoner whose trial or sentence was suspended by...
§ 19.2-181. Repealed - Repealed by Acts 1991, c. 427.
§ 19.2-182. Representation by counsel in proceeding for commitment - A. In any proceeding for commitment under this title, the...
§ 19.2-182.1. Repealed - Repealed by Acts 1982, c. 653.
Chapter 11.1 - Disposition of Persons Acquitted by Reason of Insanity
§ 19.2-182.2. Verdict of acquittal by reason of insanity to state the fact; temporary custody and evaluation - When the defense is insanity of the defendant at the...
§ 19.2-182.3. Commitment; civil proceedings - Upon receipt of the evaluation report and, if applicable, a...
§ 19.2-182.4. Confinement and treatment; interfacility transfers; out-of-hospital visits; notice of change in treatment - A. Upon commitment of an acquittee for inpatient hospitalization, the...
§ 19.2-182.5. Review of continuation of confinement hearing; procedure and reports; disposition - A. The committing court shall conduct a hearing twelve months...
§ 19.2-182.6. Petition for release; conditional release hearing; notice; disposition - A. The Commissioner may petition the committing court for conditional...
§ 19.2-182.7. Conditional release; criteria; conditions; reports - At any time the court considers the acquittee's need for...
§ 19.2-182.8. Revocation of conditional release - If at any time the court that released an acquittee...
§ 19.2-182.9. Emergency custody of conditionally released acquittee - When exigent circumstances do not permit compliance with revocation procedures...
§ 19.2-182.10. Release of person whose conditional release was revoked - If an acquittee is returned to the custody of the...
§ 19.2-182.11. Modification or removal of conditions; notice; objections; review - A. The committing court may modify conditions of release or...
§ 19.2-182.12. Representation of Commonwealth and acquittee - The attorney for the Commonwealth shall represent the Commonwealth in...
§ 19.2-182.13. Authority of Commissioner; delegation to board; liability - The Commissioner may delegate any of the duties and powers...
§ 19.2-182.14. Escape of persons placed or committed; penalty - Any person placed in the temporary custody of the Commissioner...
§ 19.2-182.15. Escape of persons placed on conditional release; penalty - Any person placed on conditional release pursuant to § 19.2-182.7...
§ 19.2-182.16. Copies of orders to Commissioner - Copies of all orders and notices issued pursuant to this...
Chapter 12 - Preliminary Hearing
§ 19.2-183. Examination of witnesses; assistance of counsel; evidentiary matters and remedies; power to adjourn case - A. The judge before whom any person is brought for...
§ 19.2-183.1. Joint preliminary hearings - Upon motion of the attorney for the Commonwealth, preliminary hearings...
§ 19.2-184. Witnesses may be separated (Subsection (a) of Supreme Court Rule 2:615 derived in part from this section) - While a witness is under such examination all other witnesses...
§ 19.2-185. Testimony may be reduced to writing and subscribed - When the judge deems it proper the testimony of the...
§ 19.2-186. When accused to be discharged, tried, committed or bailed by judge - The judge shall discharge the accused if he considers that...
§ 19.2-187. Admission into evidence of certain certificates of analysis - A. In any hearing or trial of any criminal offense...
§ 19.2-187.01. Certificate of analysis as evidence of chain of custody of material described therein - A report of analysis duly attested by the person performing...
§ 19.2-187.02. Admissibility of written reports or records of blood alcohol tests conducted in the regular course of providing emergency medical treatment - A. Notwithstanding any other provision of law, the written reports...
§ 19.2-187.1. Procedures for notifying accused of certificate of analysis; waiver; continuances - A. In any trial and in any hearing other than...
§ 19.2-187.2. Procedure for subpoena duces tecum of analysis evidence - No subpoena duces tecum shall issue for the production of...
§ 19.2-188. Reports by Chief Medical Examiner received as evidence - A. Reports of investigations made by the Chief Medical Examiner,...
§ 19.2-188.1. Testimony regarding identification of controlled substances - A. In any preliminary hearing on a violation of Chapter...
§ 19.2-188.2. Certificate of surgeon as evidence - A. In any criminal proceeding, the certificate of a duly...
§ 19.2-188.3. Admissibility of affidavits by government officials regarding a search of government records (Subdivision (10)(b) of Supreme Court Rule 2:803 derived from this section) - In any hearing or trial, an affidavit signed by a...
§ 19.2-188.4. Two-way video testimony related to certain forensic medical examinations - A. Any testimony offered by either party in a preliminary...
§ 19.2-189. Commitment of accused for further examination - If the accused be committed, it shall be by an...
§ 19.2-190. To whom, and when, examination and recognizance to be certified - Every examination and recognizance for a felony taken under this...
§ 19.2-190.1. Certification of ancillary misdemeanor offenses - Upon certification of any felony offense pursuant to this chapter,...
§ 19.2-190.2. Withdrawal of privately retained counsel - A privately retained counsel in any criminal case may, pursuant...
Chapter 13 - Grand Juries
§ 19.2-191. Functions of a grand jury - The functions of a grand jury are twofold: (1) To...
§ 19.2-192. Secrecy in grand jury proceedings - Except as otherwise provided in this chapter, every attorney for...
§ 19.2-192.1. Sealing of indictment - Upon ex parte motion by the Commonwealth and for good...
§ 19.2-193. Number of regular grand juries - There shall be a regular grand jury at each term...
§ 19.2-194. When and how grand jurors to be selected and summoned; lists to be delivered to clerk - The judge or judges regularly presiding in the circuit court...
§ 19.2-195. Number and qualifications of grand jurors - A regular grand jury shall consist of not less than...
§ 19.2-196. How deficiency of jurors supplied - If a sufficient number of grand jurors do not appear,...
§ 19.2-197. Foreman of grand jury; oaths of jurors and witnesses - From among the persons summoned who attend the court shall...
§ 19.2-198. When new foreman or juror may be sworn in - If the foreman or any grand juror, at any time...
§ 19.2-199. Judge to charge grand jury - The grand jury, after being sworn, shall be charged by...
§ 19.2-200. Duties of grand jury - The grand jury shall inquire of and present all felonies,...
§ 19.2-201. Officers to give information of violation of penal laws to attorney for Commonwealth - A. As used in this section, "chief law-enforcement officer" means...
§ 19.2-202. How indictments found and presentment made - At least four of a regular grand jury must concur...
§ 19.2-203. Indictments ignored may be sent to another grand jury; what irregularities not to vitiate indictment, etc. - Although a bill of indictment be returned not a true...
§ 19.2-204. Penalties on officers and jurors for failure of duty - A court whose officer fails without good cause, when it...
§ 19.2-205. Pay and mileage of grand jurors - Every person who serves upon a grand jury, regular or...
§ 19.2-206. When impanelled - A. Special grand juries may be impanelled by a circuit...
§ 19.2-207. Composition of a special grand jury - Special grand juries shall consist of not less than seven...
§ 19.2-208. Subpoena power of special grand jury - The special grand jury may subpoena persons to appear before...
§ 19.2-209. Presence of counsel for a witness - Any witness appearing before a special grand jury shall have...
§ 19.2-210. Presence of attorney for the Commonwealth - The attorney for the Commonwealth shall not be present at...
§ 19.2-211. Provision for special counsel and other personnel - At the request of the special grand jury, the court...
§ 19.2-212. Provision for court reporter; use and disposition of notes, tapes and transcriptions - A. A court reporter shall be provided for a special...
§ 19.2-213. Report by special grand jury; return of true bill - At the conclusion of its investigation and deliberation, a special...
§ 19.2-213.1. Discharge of special grand jury - If a special grand jury has not filed a report...
§ 19.2-214. Prosecutions resulting from report - Any bill of indictment for alleged criminal offenses, which may...
§ 19.2-215. Costs of special grand jury - All costs incurred for services provided by the court for...
§ 19.2-215.1. Functions of a multi-jurisdiction grand jury - The functions of a multi-jurisdiction grand jury are: 1. To...
§ 19.2-215.2. Application for such grand jury - Provided the Attorney General has approved the application in writing...
§ 19.2-215.3. When impaneled; impaneling order - Upon application by two or more attorneys for the Commonwealth,...
§ 19.2-215.4. Number and qualifications of jurors; grand jury list; when convened; compensation of jurors - A. A multi-jurisdiction grand jury shall consist of not less...
§ 19.2-215.5. Subpoena power; counsel for witness; oath - A multi-jurisdiction grand jury has statewide subpoena power and, through...
§ 19.2-215.6. Role and presence of special counsel; examination of witnesses; sworn investigators - Special counsel may be present during the investigatory stage of...
§ 19.2-215.7. Warnings given to witnesses; when witness in contempt; use of testimony compelled after witness invokes right against self-incrimination - A. Every witness testifying before a multi-jurisdiction grand jury shall...
§ 19.2-215.8. Returning a "true bill" of indictment; jurisdiction to be set out - In order to return a "true bill" of indictment, a...
§ 19.2-215.9. Court reporter provided; safekeeping of transcripts, notes, etc.; when disclosure permitted; access to record of testimony and evidence - A. A court reporter shall be provided for a multi-jurisdiction...
§ 19.2-215.10. Participation by Office of Attorney General; assistance of special counsel permitted in certain prosecutions - Upon request by the applicants or upon motion to the...
§ 19.2-215.11. Discharge of grand jury - At any time during the original or extended term of...
Chapter 14 - Presentments, Indictments and Informations
§ 19.2-216. Definition of indictment, presentment and information - An indictment is a written accusation of crime, prepared by...
§ 19.2-217. When information filed; prosecution for felony to be by indictment or presentment; waiver; process to compel appearance of accused - An information may be filed by the attorney for the...
§ 19.2-217.1. Central file of aggravated murder indictments - Upon the return by a grand jury of an indictment...
§ 19.2-218. Preliminary hearing required for person arrested on charge of felony; waiver - No person who is arrested on a charge of felony...
§ 19.2-218.1. Preliminary hearings involving certain sexual crimes against spouses - A. In any preliminary hearing of a charge for a...
§ 19.2-218.2. Hearing before juvenile and domestic relations district court required for persons accused of certain violations against their spouses - A. In any case involving a violation of § 18.2-61,...
§ 19.2-219. When capias need not be issued; summons; judgment - No capias need be issued on a presentment or indictment...
§ 19.2-220. Contents of indictment in general - The indictment or information shall be a plain, concise and...
§ 19.2-221. Form of prosecutions generally; murder and manslaughter - The prosecutions for offenses against the Commonwealth, unless otherwise provided,...
§ 19.2-222. Repealed - Repealed by Acts 1996, c. 676.
§ 19.2-223. Charging several acts of embezzlement; description of money - In a prosecution against a person accused of embezzling or...
§ 19.2-224. In prosecution for forgery, unnecessary to set forth copy of forged instrument - In a prosecution for forging or altering any instrument or...
§ 19.2-225. Allegation of intent - Where an intent to injure, defraud or cheat is required...
§ 19.2-226. What defects in indictments not to vitiate them - No indictment or other accusation shall be quashed or deemed...
§ 19.2-227. When judgment not to be arrested or reversed - Judgment in any criminal case shall not be arrested or...
§ 19.2-228. Name and address of complaining witness to be written on indictment, etc., for misdemeanor - In a prosecution for a misdemeanor the name and address...
§ 19.2-229. When complaining witness required to give security for costs - For good cause the court may require a complaining witness...
§ 19.2-230. Bill of particulars - A court of record may direct the filing of a...
§ 19.2-231. Amendment of indictment, presentment or information - If there be any defect in form in any indictment,...
§ 19.2-232. What process to be awarded against accused on indictment, etc. - When an indictment or presentment is found or made, or...
§ 19.2-233. How awarded, directed, returnable and executed - Sections 8.01-292 and 8.01-295 shall apply to process in criminal,...
§ 19.2-234. Procedure when person arrested under capias - An officer who, under a capias from any court, arrests...
§ 19.2-235. Clerks to mail process to officers in other counties, etc. - The clerk of every court shall forward, by mail, all...
§ 19.2-236. Where process of arrest may be executed - When process of arrest in a criminal prosecution is issued...
§ 19.2-237. Process on indictment or presentment for misdemeanor - On any indictment or presentment for a misdemeanor process shall...
§ 19.2-238. Summons against corporation; proceedings; expense of publication - A summons against a corporation to answer an indictment, presentment...
Chapter 15 - Trial and Its Incidents
§ 19.2-239. Jurisdiction in criminal cases - The circuit courts, except where otherwise provided, shall have exclusive...
§ 19.2-240. Clerks shall make out criminal docket; transportation orders - Before every term of any court in which criminal cases...
§ 19.2-241. Time within which court to set criminal cases for trial - The judge of each circuit court shall fix a day...
§ 19.2-242. Accused discharged from jail if not indicted in time - A person in jail on a criminal charge that has...
§ 19.2-243. Limitation on prosecution of felony due to lapse of time after finding of probable cause; misdemeanors; exceptions - Where a district court has found that there is probable...
§ 19.2-244. Venue in general - A. Except as otherwise provided by law, the prosecution of...
§ 19.2-245. Offenses committed without and made punishable within Commonwealth; embezzlement or larceny committed within Commonwealth; where prosecuted - Prosecution for offenses committed wholly or in part without and...
§ 19.2-245.01. Offenses involving reports or statements concerning cigarette sales or stamping - Any criminal violation of Chapter 42 (§ 3.2-4200 et seq.)...
§ 19.2-245.1. Forgery; where prosecuted - If any person commits forgery, that forgery may be prosecuted...
§ 19.2-245.2. Tax offenses; where prosecuted - If an offense involving tax, as defined in Title 58.1,...
§ 19.2-246. Injury inflicted by person within Commonwealth upon one outside Commonwealth - If a mortal wound or other violence or injury be...
§ 19.2-247. Venue in certain homicide cases - Where evidence exists that a homicide has been committed either...
§ 19.2-248. Venue when mortal wound, etc., inflicted in one county and death ensues in another - If a mortal wound, or other violence or injury, be...
§ 19.2-249. Offenses committed on boundary of two counties, two cities, or county and city, etc.; where prosecuted - An offense committed on the boundary of two counties, or...
§ 19.2-249.1. Offenses committed within towns situated in two or more counties; where prosecuted - An offense or traffic infraction committed within a town situated...
§ 19.2-249.2. Venue for prosecution of computer and other crimes - For the purpose of venue, any violation of the Virginia...
§ 19.2-250. How far jurisdiction of corporate authorities extends - A. Notwithstanding any other provision of this article and except...
§ 19.2-251. When and how venue may be changed - A circuit court may, on motion of the accused or...
§ 19.2-252. Court ordering change of venue may admit accused to bail and recognize witnesses; remand of accused not admitted to bail - When the venue is so changed, the court making the...
§ 19.2-253. Procedure upon and after change of venue - The clerk of the court which orders a change of...
§ 19.2-254. Arraignment; pleas; when court may refuse to accept plea; rejection of plea agreement; recusal - Arraignment shall be conducted in open court. It shall consist...
§ 19.2-254.1. Procedure in traffic infraction cases - In a traffic infraction case, as defined in § 46.2-100,...
§ 19.2-254.2. Procedure in nontraffic offenses for which prepayment is authorized - In any prepayable nontraffic offense case as defined in §...
§ 19.2-255. Defendant allowed to plead several matters of law or fact - The defendant in any criminal prosecution may plead as many...
§ 19.2-256. Approvers - Approvers shall not be admitted in any case. Code 1950,...
§ 19.2-257. Trial without jury in felony cases - Upon a plea of guilty in a felony case, tendered...
§ 19.2-258. Trial of misdemeanors by court without jury; failure to appear deemed waiver of jury - In all cases of a misdemeanor upon a plea of...
§ 19.2-258.1. Trial of traffic infractions; measure of proof; failure to appear - For any traffic infraction cases tried in a district court,...
§ 19.2-259. On trial for felony, accused to be present; when court may enter plea for him, and trial go on - A person tried for felony shall be personally present during...
§ 19.2-260. Provisions of Title 8.01 apply except as provided in this article - Except as otherwise provided in this article, trial by jury...
§ 19.2-261. Charging grand jury in presence of person selected as juror - The court shall not charge the grand jury in the...
§ 19.2-262. Waiver of jury trial; numbers of jurors in criminal cases; how jurors selected from panel - A. In any criminal case in which trial by jury...
§ 19.2-262.1. Joinder of defendants - On motion of the Commonwealth, for good cause shown, the...
§ 19.2-262.01. Voir dire examination of persons called as jurors - In any criminal case, the court and counsel for either...
§ 19.2-263. Repealed - Repealed by Acts 1993, cc. 462 and 489.
§ 19.2-263.1. Contact between judge and juror prohibited - No judge shall communicate in any way with a juror...
§ 19.2-263.2. Jury instructions - A proposed jury instruction submitted by a party, which constitutes...
§ 19.2-263.3. Juror information confidential - A. The court may, upon motion of either party or...
§ 19.2-264. When jury need not be kept together in felony case; sufficient compliance with requirement that jury be kept together - In any case of a felony the jury shall not...
§ 19.2-264.1. Views by juries - The jury in any criminal case may, at the request...
§ 19.2-264.2. Repealed - Repealed by Acts 2021, Sp. Sess. I, cc. 344 and...
§ 19.2-264.6. through 19.2-264.14 - Not effective pursuant to Acts 2020, c. 1167, cl. 3....
§ 19.2-265. Opening statement of counsel - On the trial of any case of felony or misdemeanor...
§ 19.2-265.01. Victims, certain members of the family and support persons not to be excluded - During the trial of every criminal case and in all...
§ 19.2-265.1. Exclusion of witnesses (Subsection (a) of Supreme Court Rule 2:615 derived in part from this section and subsection (c) of Supreme Court Rule 2:615 derived from this section) - In the trial of every criminal case, the court, whether...
§ 19.2-265.2. Judicial notice of laws (Supreme Court Rule 2:202 derived in part from this section) - A. Whenever, in any criminal case it becomes necessary to...
§ 19.2-265.3. Nolle prosequi; discretion of court upon good cause shown - Nolle prosequi shall be entered only in the discretion of...
§ 19.2-265.4. Failure to provide discovery - A. In any criminal prosecution for a felony in a...
§ 19.2-265.5. Prosecuting misdemeanor cases without attorney - Notwithstanding any of the provisions of § 19.2-265.1, whenever in...
§ 19.2-265.6. Dismissal of criminal charges on Commonwealth's motion; effect of dismissal of criminal charges - A. Upon motion of the Commonwealth to dismiss a charge,...
§ 19.2-266. Exclusion of persons from trial; photographs and broadcasting permitted under designated guidelines; exceptions - In the trial of all criminal cases, whether the same...
§ 19.2-266.1. Conviction of lesser offense on indictment for homicide - In any trial upon an indictment charging homicide, the jury...
§ 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...
§ 19.2-266.3. Continuances; appearances of parties - When the court grants a continuance in advance of the...
§ 19.2-266.4. Expert assistance for indigent defendants - A. In any case in which a defendant is (i)...
Chapter 16 - Evidence and Witnesses
§ 19.2-267. Provisions applicable to witnesses in criminal as well as civil cases; obligation to attend; summons - Sections 8.01-396.1, 8.01-402, 8.01-405, 8.01-407, and 8.01-408 to 8.01-410, inclusive,...
§ 19.2-267.1. Authority of law-enforcement officer to issue summons to witness; failure to appear - A summons may be issued by a law-enforcement officer during...
§ 19.2-267.2. Response to subpoena for information stored in electronic format - When a subpoena has been served pursuant to Rule 3A:12...
§ 19.2-268. Right of accused to testify - In any case of felony or misdemeanor, the accused may...
§ 19.2-268.1. Contradiction by prior inconsistent writing (Subdivision (b)(i) of Supreme Court Rule 2:613 derived in part from this section) - A witness in a criminal case may be cross-examined as...
§ 19.2-268.2. Recent complaint hearsay exception (Subdivision (23) of Supreme Court Rule 2:803 derived from this section) - Notwithstanding any other provision of law, in any prosecution for...
§ 19.2-268.3. Admissibility of statements by children in certain cases - A. As used in this section, "offense against children" means...
§ 19.2-269. Convicts as witnesses (Supreme Court Rule 2:609 derived from this section) - A person convicted of a felony or perjury shall not...
§ 19.2-269.1. Inmates as witnesses in criminal cases - Whenever the Commonwealth or a defendant in a criminal prosecution...
§ 19.2-269.2. Nondisclosure of addresses or telephone numbers of crime victims and witnesses - During any criminal proceeding, upon motion of the defendant or...
§ 19.2-270. When statement by accused as witness not received as evidence - In a criminal prosecution, other than for perjury, or in...
§ 19.2-270.1. Use of photographs as evidence in certain larceny and burglary prosecutions - In any prosecution for larceny under the provisions of §§...
§ 19.2-270.1:1. Computer and electronic data in obscenity, etc. cases; access to defendant - When computer data or electronic data, stored in any form,...
§ 19.2-270.2. Disposition of money, securities or documents seized upon arrest, etc., and pertinent as evidence - A. When in the course of investigation or arrest, the...
§ 19.2-270.3. Admissible evidence as to identity of party presenting bad check, draft or order - In any prosecution under § 18.2-181 or § 18.2-182 for...
§ 19.2-270.4. When donation, destruction, or return of exhibits received in evidence authorized - A. Except as provided in § 19.2-270.4:1 and unless objection...
§ 19.2-270.4:1. Storage, preservation and retention of human biological evidence in felony cases - A. Notwithstanding any provision of law or rule of court,...
§ 19.2-270.5. DNA profile admissible in criminal proceeding - In any criminal proceeding, DNA (deoxyribonucleic acid) testing shall be...
§ 19.2-270.6. Evidence of abuse admissible in certain criminal trials (Supreme Court Rule 2:409 derived from this section) - In any criminal prosecution alleging personal injury or death, or...
§ 19.2-270.7. Determining decibel level of sound with proper equipment; certificate as to accuracy of equipment - A law-enforcement officer may use equipment deemed proper pursuant to...
§ 19.2-271. Certain judicial officers incompetent to testify under certain circumstances; exceptions (Supreme Court Rule 2:605 derived from this section) - No judge shall be competent to testify in any criminal...
§ 19.2-271.1. Competency of spouses to testify - Persons married to each other shall be competent witnesses to...
§ 19.2-271.2. Testimony of spouses in criminal cases (Subsection (b) of Supreme Court Rule 2:504 derived from this section) - In criminal cases, persons married to each other shall be...
§ 19.2-271.3. Communications between ministers of religion and persons they counsel or advise (Supreme Court Rule 2:503 derived in part from this section) - No regular minister, priest, rabbi or accredited practitioner over the...
§ 19.2-271.4. Privileged communications by certain public safety personnel - A. A person who is a member of a critical...
§ 19.2-271.5. Protected information; newspersons engaged in journalism - A. As used in this section, unless the context requires...
§ 19.2-271.6. Evidence of defendant's mental condition admissible; notice to Commonwealth - A. For the purposes of this section: "Developmental disability" means...
§ 19.2-272. Definitions - "Witness" as used in this article shall include a person...
§ 19.2-273. Certificate that witness is needed in another state; hearing - If a judge of a court of record in any...
§ 19.2-274. When court to order witness to attend - If at such hearing the judge determines that the witness...
§ 19.2-275. Arrest of witness - If the certificate recommends that the witness be taken into...
§ 19.2-276. Penalty for failure to attend and testify - If the witness who is summoned as above provided, after...
§ 19.2-277. Summoning witnesses in another state to testify in this Commonwealth - If a person in any state which by its laws...
§ 19.2-278. Reimbursement for daily mileage to such witnesses; issuance of warrant necessary to make tender - If the witness is summoned to attend and testify in...