Code of Virginia
Title 19.2 - Criminal Procedure

§ 19.2-286. Conviction of attempt or as accessory on indictment for felony; effect of general verdict of not guilty - On an indictment for felony the jury may find the...

§ 19.2-287. Verdict and judgment, when jury agree as to some and disagree as to others - When two or more persons are charged and tried jointly,...

§ 19.2-288. Verdict when accused found guilty of punishable homicide - If a person indicted for murder be found by the...

§ 19.2-289. Conviction of petit larceny - In a prosecution for grand larceny, if it be found...

§ 19.2-290. Conviction of petit larceny though thing stolen worth $1,000 or more - In a prosecution for petit larceny, though the thing stolen...

§ 19.2-291. Faulty counts; motion to strike; general verdict of guilty - When there are several counts in the indictment one or...

§ 19.2-291.1. Report of conviction of school employees for certain offenses - The clerk of any circuit court or any district court...

§ 19.2-292. Acquittal by jury on merits bar to further prosecution for same offense - A person acquitted upon the facts and merits on a...

§ 19.2-293. When acquittal not a bar to further prosecution for same offense - A person acquitted of an offense on the ground of...

§ 19.2-294. Offense against two or more statutes or ordinances - If the same act be a violation of two or...

§ 19.2-294.1. Dismissal of one of dual charges for driving while intoxicated and reckless driving upon conviction of other charge - Whenever any person is charged with a violation of §...

§ 19.2-294.2. Procedure when aliens convicted of certain felonies; duties of probation and parole officer - A. Whenever a person is (i) convicted in a circuit...

Chapter 18 - Sentence; Judgment; Execution of Sentence

§ 19.2-295. Ascertainment of punishment - A. Within the limits prescribed by law, the court shall...

§ 19.2-295.1. Sentencing proceeding by the jury after conviction - In cases of trial by jury, upon a finding that...

§ 19.2-295.2. Postrelease supervision of felons sentenced for offenses committed on and after January 1, 1995, and on and after July 1, 2000 - A. At the time the court imposes sentence upon a...

§ 19.2-295.2:1. Postrelease incarceration of felons sentenced for certain offenses committed on or after July 1, 2006 - A. For offenses committed on or after July 1, 2006:...

§ 19.2-295.3. Admission of victim impact testimony - Whether by trial or upon a plea of guilty, upon...

§ 19.2-296. Withdrawal of plea of guilty - A motion to withdraw a plea of guilty or nolo...

§ 19.2-297. Repealed - Repealed by Acts 1994, c. 706.

§ 19.2-297.1. Sentence of person twice previously convicted of certain violent felonies - A. Any person convicted of two or more separate acts...

§ 19.2-298. Pronouncement of sentence - After a finding of guilty, sentence shall be pronounced, or...

§ 19.2-298.01. Use of discretionary sentencing guidelines - A. In all felony cases, other than Class 1 felonies,...

§ 19.2-298.1. Repealed - Repealed by Acts 2003, c. 584.

§ 19.2-298.02. Deferred disposition in a criminal case - A. A trial court presiding in a criminal case may,...

§ 19.2-299. Investigations and reports by probation officers in certain cases - A. When a person is tried in a circuit court...

§ 19.2-299.1. When Victim Impact Statement required; contents; uses - The presentence report prepared pursuant to § 19.2-299 shall, with...

§ 19.2-299.2. Alcohol and substance abuse screening and assessment for designated Class 1 misdemeanor convictions - A. When a person is convicted of any offense committed...

§ 19.2-300. Deferring for mental examination sentence of person convicted of offense indicating sexual abnormality - In the case of the conviction in any circuit court...

§ 19.2-301. Judge shall require examination under § 19.2-300; by whom made; report; expenses of psychiatrist - The judge shall order the defendant examined by at least...

§ 19.2-302. Construction and administration of §§ 19.2-300 and 19.2-301 - Nothing contained in § 19.2-300 or 19.2-301 shall be construed...

§ 19.2-303. Suspension or modification of sentence; probation; taking of fingerprints and blood, saliva, or tissue sample as condition of probation - After conviction, whether with or without jury, the court may...

§ 19.2-303.01. Reduction of sentence; substantial assistance to prosecution - Notwithstanding any other provision of law or rule of court,...

§ 19.2-303.02. Modification of conditions of suspended sentence or probation to require fingerprinting - In any case where the court has suspended the imposition...

§ 19.2-303.1. Fixing period of suspension of sentence - In any case where a court suspends the imposition or...

§ 19.2-303.2. Persons charged with first offense may be placed on probation - Whenever any person who has not previously been convicted of...

§ 19.2-303.3. Sentence to local community-based probation services; services agency; requirements for participation; sentencing; and removal from probation; payment of costs towards supervision and services - A. Any offender who is (i) convicted on or after...

§ 19.2-303.4. Payment of costs when proceedings deferred and defendant placed on probation - A circuit or district court, which has deferred further proceedings,...

§ 19.2-303.5. Expired - Expired.

§ 19.2-303.6. Deferred disposition in a criminal case; persons with autism or intellectual disabilities - A. In any criminal case, except a violation of §...

§ 19.2-304. Increasing or decreasing probation period and modification of conditions - The court may subsequently increase or decrease the probation period...

§ 19.2-305. Requiring fines, costs, restitution for damages, support, or community services from probationer - A. While on probation the defendant may be required to...

§ 19.2-305.1. Restitution for property damage or loss; community service - A. Notwithstanding any other provision of law, no person convicted...

§ 19.2-305.2. Amount of restitution; enforcement - A. The court, when ordering restitution pursuant to § 19.2-305.1,...

§ 19.2-305.3. Repealed - Repealed by Acts 1997, c. 140.

§ 19.2-305.4. When interest to be paid on award of restitution - The court, when ordering restitution pursuant to § 19.2-305 or...

§ 19.2-306. Revocation of suspension of sentence and probation - A. Subject to the provisions of § 19.2-306.2, in any...

§ 19.2-306.1. Limitation on sentence upon revocation of suspension of sentence; exceptions - A. For the purposes of this section, "technical violation" means...

§ 19.2-306.2. Use of sentencing revocation report and discretionary sentencing guidelines in cases of revocation of suspension of sentence and probation - A. In any proceeding conducted pursuant to § 19.2-306 for...

§ 19.2-307. Contents of judgment order - The judgment order shall set forth the plea, the verdict...

§ 19.2-308. When two or more sentences run concurrently - When any person is convicted of two or more offenses,...

§ 19.2-308.1. When sentence may run concurrently with sentence in another jurisdiction - Notwithstanding any other provision of law, in the event that...

§ 19.2-309. Sentence of confinement for conviction of a combination of felony and misdemeanor offenses - When any person is convicted of a combination of felony...

§ 19.2-309.1. Sentence of confinement to jail farms maintained by the Cities of Danville, Martinsville and Newport News - Notwithstanding any other provision of law, any person sentenced to...

§ 19.2-310. Transfer of prisoners to custody of Director of Department of Corrections - Every person sentenced by a court to the Department of...

§ 19.2-310.01. Transmission of sentencing documents - Within thirty days of the receipt of a request from...

§ 19.2-310.1. Repealed - Repealed by Acts 1982, c. 636.

§ 19.2-310.2. Blood, saliva, or tissue sample required for DNA analysis upon conviction of certain crimes; fee - A. Every person convicted of a felony on or after...

§ 19.2-310.2:1. Saliva or tissue sample required for DNA analysis after arrest for a violent felony - Every person arrested for the commission or attempted commission of...

§ 19.2-310.3. Procedures for withdrawal of blood, saliva or tissue sample for DNA analysis - Each sample required pursuant to § 19.2-310.2 from persons who...

§ 19.2-310.3:1. Procedures for taking saliva or tissue sample for DNA analysis - A. Each sample required pursuant to § 19.2-310.2:1 from persons...

§ 19.2-310.4. Procedures for conducting DNA analysis of blood, saliva or tissue sample - Whether or not the results of an analysis are to...

§ 19.2-310.5. DNA data bank - A. It shall be the duty of the Department to...

§ 19.2-310.6. Unauthorized uses of DNA data bank; forensic samples; penalties - Any person who, without authority, disseminates information contained in the...

§ 19.2-310.7. (For contingent expiration date, see Acts 2021, Sp. Sess. I, cc. 524 and 542) Expungement when DNA taken for a conviction - A person whose DNA profile has been included in the...

§ 19.2-310.7. (For contingent effective date, see Acts 2021, Sp. Sess. I, cc. 524 and 542) Expungement when DNA taken for a conviction - A person whose DNA profile has been included in the...

§ 19.2-311. Indeterminate commitment to Department of Corrections in certain cases; duration and character of commitment; concurrence by Department - A. The judge, after a finding of guilt, when fixing...

§ 19.2-312. Repealed - Repealed by Acts 1990, c. 701.

§ 19.2-313. Eligibility for release - Any person committed under the provisions of § 19.2-311 shall...

§ 19.2-314. Supervision of persons released - Every person released under § 19.2-313 shall receive intensive parole...

§ 19.2-315. Compliance with terms and conditions of parole; time on parole not counted as part of commitment period - Every person on parole under § 19.2-314 shall comply with...

§ 19.2-316. Evaluation and report prior to determining punishment - Following conviction and prior to sentencing, the court shall order...

§ 19.2-316.1. Repealed - Repealed by Acts 2019, c. 618, cl. 2.

§ 19.2-316.2. Repealed - Repealed by Acts 2019, c. 618, cl. 2.

§ 19.2-316.3. Repealed - Repealed by Acts 2019, c. 618, cl. 2.

§ 19.2-316.4. Eligibility for participation in community corrections alternative program; evaluation; sentencing; withdrawal or removal from program; payment of costs - A. As used in this article, unless the context requires...

Chapter 19 - Exceptions and Writs of Error

§ 19.2-317. When writ of error lies in criminal case for accused; when for Commonwealth; when for county, city or town - A. A writ of error shall lie in a criminal...

§ 19.2-317.1. Repealed - Repealed by Acts 1990, c. 74.

§ 19.2-318. Appeal on writ of error to judgment for contempt - From a judgment for any civil contempt of court an...

§ 19.2-319. When execution of sentence to be suspended; bail; appeal from denial - If a person sentenced by a circuit court to confinement...

§ 19.2-320. Petitioner for writ of error to comply with Rules of Court - Any party for whom a writ of error lies may...

§ 19.2-321. With whom petition for writ of error filed - A. The petition to the Court of Appeals shall be...

§ 19.2-321.1. Motion in the Court of Appeals for delayed appeal in criminal cases - A. Filing and content of motion. When, due to the...

§ 19.2-321.2. Motion in the Supreme Court for delayed appeal in criminal cases - A. Filing and content of motion. When, due to the...

§ 19.2-322. Repealed - Repealed by Acts 1984, c. 703.

§ 19.2-322.1. Suspension of execution of judgment on appeal - Execution of a judgment from which an appeal to the...

§ 19.2-323. Denial by judge or justice no bar to allowance by Court - The denial of a writ of error by a judge...

§ 19.2-324. Decision of appellate court - The court from which a writ of error lies shall...

§ 19.2-324.1. Erroneously admitted evidence; appeal - In appeals to the Court of Appeals or the Supreme...

§ 19.2-325. Provisions which apply to criminal as well as civil cases; when plaintiff in error unable to pay printing costs - Sections 8.01-675.1, 8.01-675.2, 8.01-675.3, 8.01-684 and 17.1-328 shall apply as...

§ 19.2-326. Payment of expenses of appeals of indigent defendants - In any felony or misdemeanor case wherein the judge of...

§ 19.2-327. How judgment of appellate court certified and entered - The judgment of the Court of Appeals or of the...

§ 19.2-327.01. Repealed - Repealed by Acts 2004, c. 337.

Chapter 19.1 - Scientific Analysis of Newly Discovered or Untested Scientific Evidence

§ 19.2-327.1. Motion by a convicted felon or person adjudicated delinquent for scientific analysis of newly discovered or previously untested scientific evidence; procedure - A. Notwithstanding any other provision of law or rule of...

Chapter 19.2 - Issuance of Writ of Actual Innocence

§ 19.2-327.2. Issuance of writ of actual innocence based on biological evidence - Notwithstanding any other provision of law or rule of court,...

§ 19.2-327.2:1. Petition for writ of actual innocence joined by Attorney General; release of prisoner; bond hearing - The Attorney General may join in a petition for a...

§ 19.2-327.3. Contents and form of the petition based on previously unknown or untested human biological evidence of actual innocence - A. The petitioner shall allege categorically and with specificity, under...

§ 19.2-327.4. Determination by the Supreme Court for findings of fact by the circuit court - If the Supreme Court determines from the petition, from any...

§ 19.2-327.5. Relief under writ - Upon consideration of the petition, the response by the Commonwealth,...

§ 19.2-327.6. Claims of relief - An action under this chapter or the performance of any...

Chapter 19.3 - Issuance of Writ of Actual Innocence Based on Nonbiological Evidence

§ 19.2-327.10. Issuance of writ of actual innocence based on nonbiological evidence - Notwithstanding any other provision of law or rule of court,...

§ 19.2-327.10:1. Petition for writ of actual innocence joined by Attorney General; release of prisoner; bond hearing - The Attorney General may join in a petition for a...

§ 19.2-327.11. Contents and form of the petition based on previously unknown or unavailable evidence of actual innocence - A. The petitioner shall allege categorically and with specificity, under...

§ 19.2-327.12. Determination by Court of Appeals for findings of fact by the circuit court - If the Court of Appeals determines from the petition, from...

§ 19.2-327.13. Relief under writ - Upon consideration of the petition, the response by the Commonwealth,...

§ 19.2-327.14. Claims of relief - An action under this chapter or the actions of any...

Chapter 19.4 - Issuance of Writ of Vacatur for Victims of Commercial Sex Trafficking

§ 19.2-327.15. Definitions - As used in this chapter, unless the context requires a...

§ 19.2-327.16. Issuance of writ of vacatur for victims of commercial sex trafficking - A. Notwithstanding any other provision of law or rule of...

§ 19.2-327.17. Contents and form of the petition for vacatur - A. Any victim of sex trafficking may file a petition...

§ 19.2-327.18. Hearing on petition for vacatur - A. If the attorney for the Commonwealth of the county...

§ 19.2-327.19. Relief under writ of vacatur - A. Upon granting a writ of vacatur pursuant to subsection...

§ 19.2-327.20. Claims of relief - Except for appeals to the Supreme Court of Virginia as...

Chapter 20 - Taxation and Allowance of Costs

§ 19.2-328. When jailers and sheriffs to summon or employ guards and other persons; allowances therefor - Whenever in the discretion of the court it is necessary...

§ 19.2-329. Allowance to witnesses - Sections 17.1-612 to 17.1-616, inclusive, shall apply to a person...

§ 19.2-330. Compensation to witnesses from out of Commonwealth - Any witness from without the Commonwealth whose attendance is compelled...

§ 19.2-331. When Commonwealth pays witnesses in case of misdemeanor - Payment shall not be made out of the state treasury...

§ 19.2-332. Compensation to officer or other person for services not otherwise compensable - Whenever in a criminal case an officer or other person...

§ 19.2-333. No state fees to attorney for the Commonwealth - No fee to an attorney for the Commonwealth shall be...

§ 19.2-334. By whom certificate of allowance to be made; vouchers to accompany it; proof of correctness; what entry to state - Any other expense incident to a proceeding in a criminal...

§ 19.2-335. Judge of district court to certify to clerk of circuit court costs of proceedings in criminal cases before him - A judge of a district court before whom there is...

§ 19.2-336. Clerk to make up statement of whole cost, and issue execution therefor - In every criminal case the clerk of the circuit court...

§ 19.2-337. Claims not presented in time to be disallowed - If by reason of the failure of a person to...

§ 19.2-338. Collection by town of cost of transporting prisoners - (1) Notwithstanding any provision of any charter or any law...

Chapter 21 - Recovery of Fines and Penalties

§ 19.2-339. Word "fine" construed - Whenever the word "fine" is used in this chapter, it...

§ 19.2-340. Fines; how recovered; in what name - When any statute or ordinance prescribes a fine, unless it...

§ 19.2-340.1. Disposition of fines in criminal cases - When a law-enforcement officer of (i) the Department of State...

§ 19.2-341. Penalties other than fines; how recovered; in what name; limitation of actions - When any statute or ordinance prescribes a monetary penalty other...

§ 19.2-342. Where and in what court proceeding to be - In a proceeding under § 19.2-341, such warrant, presentment, indictment...

§ 19.2-343. Reserved - Reserved.

§ 19.2-345. Repealed - Repealed by Acts 1988, c. 509.

§ 19.2-347. Repealed - Repealed by Acts 1983, c. 499.

§ 19.2-348. Attorneys for Commonwealth or clerks to superintend issue of executions, etc. - The attorney for the Commonwealth or the clerk of the...

§ 19.2-349. Responsibility for collections; clerks to report unsatisfied fines, etc.; duty of attorneys for Commonwealth; duties of Department of Taxation - A. The clerk of the circuit court and district court...

§ 19.2-349.1. Receipt of unpaid fines, costs, forfeitures, penalties, or restitution by Department of Motor Vehicles - At the direction of the Committee on District Courts or...

§ 19.2-350. When sheriff not to receive fines - No sheriff or other law-enforcement officer shall receive any fine,...

§ 19.2-351. How fines disposed of; informer - Although a law may allow an informer or person prosecuting...

§ 19.2-352. Officers to pay fines to clerks; default; forfeiture, etc. - Every sheriff or other officer receiving money under a writ...

§ 19.2-353. Certain fines paid into Literary Fund - The proceeds of all fines and penalties collected for offenses...

§ 19.2-353.1. Fieri facias and proceedings thereon - Any writ of fieri facias issued under this chapter and...

§ 19.2-353.2. Repealed - Repealed by Acts 1988, cc. 770, 852.

§ 19.2-353.3. Acceptance of checks and credit or debit cards in lieu of money; additional fee - Notwithstanding the provisions of § 19.2-353, personal checks and credit...

§ 19.2-353.4. Repealed - Repealed by Acts 1988, cc. 770, 852.

§ 19.2-353.5. Interest on fines and costs - A. For purposes of this section, "incarcerated" or "incarceration" means...

§ 19.2-354. Authority of court to order payment of fine, costs, forfeitures, penalties or restitution in installments or upon other terms and conditions; community work in lieu of payment - A. Any defendant convicted of a traffic infraction or a...

§ 19.2-354.1. Deferred or installment payment agreements - A. For purposes of this section: "Deferred payment agreement" means...

§ 19.2-355. Petition of defendant - (a) The court may require any defendant entering a deferred,...

§ 19.2-356. Payment of fine or costs as condition of probation or suspension of sentence - If a defendant is placed on probation, or imposition or...

§ 19.2-357. Requiring that defendant be of peace and good behavior until fine and costs are paid - If a defendant is permitted to pay a fine or...

§ 19.2-358. Procedure on default in deferred payment or installment payment of fine, costs, forfeiture, restitution or penalty - A. When an individual obligated to pay a fine, costs,...

§ 19.2-359. Official receipts to be given for fines - Every officer collecting a fine, fine and costs or costs...

§ 19.2-360. Forms of receipts; distribution; record of disposition - The Executive Secretary of the Supreme Court shall prescribe and...

§ 19.2-361. Misuse, misappropriation or willful failure to account for fines is embezzlement - If any officer misuse, misappropriate, or willfully fail to return...

§ 19.2-362. Court not to remit fine or penalty, other than fine for contempt, except as provided in § 19.2-358 - No court shall remit any fine or penalty, except for...

§ 19.2-363. Authority of Governor to grant relief from fines and penalties - The Governor shall have power, in his discretion, to remit,...

§ 19.2-364. Petition for relief; in what court filed; notice to attorney for Commonwealth - Such person or his personal representative, as the case may...

§ 19.2-365. Duties of attorney for Commonwealth upon filing of such petition - The attorney for the Commonwealth, at or before the hearing...

§ 19.2-366. Duty of court in which petition filed; certificate and opinion - The court wherein such petition is filed shall hear all...

§ 19.2-367. Proceedings to be according to common law - All proceedings had before the court under the provisions of...

§ 19.2-368. Course of proceeding when relief asked of the Governor - Whenever application shall be made to the Governor by or...

Chapter 21.1 - Compensating Victims of Crime

§ 19.2-368.1. Findings; legislative intent - The General Assembly finds that many innocent persons suffer personal...

§ 19.2-368.2. Definitions - For the purpose of this chapter: "Claimant" means the person...

§ 19.2-368.3. Powers and duties of Commission - The Commission shall have the following powers and duties in...

§ 19.2-368.3:1. Crime victims' ombudsman - A. The Commission shall employ a crime victims' ombudsman and...

§ 19.2-368.4. Persons eligible for awards - A. The following persons shall be eligible for awards pursuant...

§ 19.2-368.5. Filing of claims; deferral of proceedings; restitution - A. A claim may be filed by a person eligible...

§ 19.2-368.5:1. Failure to perfect claim; denial - Notwithstanding the provisions of § 19.2-368.5, if, following the initial...

§ 19.2-368.5:2. Effect of filing a claim; stay of debt collection activities by health care providers - A. Whenever a person files a claim under this chapter,...

§ 19.2-368.6. Assignment of claims; investigation; hearing; confidentiality of records; decisions - A. A claim, when accepted for filing, shall be properly...

§ 19.2-368.7. Review by Commission - A. The claimant may, within forty-five days from the date...

§ 19.2-368.8. Reinvestigation of decision; reconsideration of award; judicial review - A. The Commission, on its own motion, or upon request...

§ 19.2-368.9. Emergency awards - Notwithstanding any other provisions of this chapter, if it appears...

§ 19.2-368.10. When awards to be made; reporting crime and cooperation with law enforcement - No award shall be made unless the Commission finds that:...

§ 19.2-368.11. Repealed - Repealed by Acts 1986, c. 457.

§ 19.2-368.11:1. Amount of award - A. Compensation for Total Loss of Earnings: An award made...

§ 19.2-368.12. Awards not subject to execution or attachment; apportionment; reductions - A. No award made pursuant to this chapter shall be...

§ 19.2-368.13. Repealed - Repealed by Acts 1984, c. 619.

§ 19.2-368.14. Public record; exception - Except as provided in § 19.2-368.6 concerning juvenile claimants or...

§ 19.2-368.15. Subrogation of Commonwealth to claimant's right of action; lien in favor of the Commonwealth; disposition of funds collected - Acceptance of an award made pursuant to this chapter shall...

§ 19.2-368.16. Claims to be made under oath - All claims shall be made under oath. Any person who...

§ 19.2-368.17. Public information program - The Commission shall establish and conduct a public information program...

§ 19.2-368.18. Criminal Injuries Compensation Fund - A. There is hereby created a special fund to be...

Chapter 21.2 - Profits from Crime

§ 19.2-368.19. Definitions - For purposes of this chapter, the following terms shall have...

§ 19.2-368.20. Special order of escrow - A. Any proceeds or profits received or to be received...

§ 19.2-368.21. Distribution - A. Proceeds paid to the Division under § 19.2-368.20 shall...

§ 19.2-368.22. Actions to defeat chapter void - Any action taken by any person convicted of a felony,...

Chapter 22 - Enforcement of Forfeitures

§ 19.2-369. Repealed - Repealed by Acts 2012, cc. 283 and 756, cl. 2.

Chapter 22.1 - Enforcement of Forfeitures

§ 19.2-386.1. Commencing an action of forfeiture - A. Except as otherwise specifically provided by law, whenever any...

§ 19.2-386.2. Seizure of named property - A. When any property subject to seizure under Chapter 22.2...

§ 19.2-386.2:1. Notice to Commissioner of Department of Motor Vehicles; duties of Commissioner - If the property seized is a motor vehicle required by...

§ 19.2-386.3. Notice of seizure for forfeiture and notice of motion for judgment - A. If an information has not been filed, then upon...

§ 19.2-386.4. Records and handling of seized property - Any agency seizing property under § 19.2-386.2, Chapter 22.2 (§...

§ 19.2-386.5. Release of seized property - At any time prior to the filing of an information,...

§ 19.2-386.6. Bond to secure possession - If the owner or lien holder of the named property...

§ 19.2-386.7. Sale of property liable to deterioration - If the property seized is perishable or liable to deterioration,...

§ 19.2-386.8. Exemptions - The following exemptions shall apply to property otherwise subject to...

§ 19.2-386.9. Appearance by owner or lien holder - Any person claiming to be an owner or lien holder...

§ 19.2-386.10. Forfeiture; default judgment; remission; trial - A. A party defendant who fails to appear as provided...

§ 19.2-386.11. Judgment of condemnation; destruction - A. If the forfeiture is established, the judgment shall be...

§ 19.2-386.12. Sale of forfeited property - A. Any sale of forfeited property shall be made for...

§ 19.2-386.13. Writ of error and supersedeas - For the purpose of review on a writ of error...

§ 19.2-386.14. Sharing of forfeited assets - A. All cash, negotiable instruments, and proceeds from a sale...

Chapter 22.2 - Miscellaneous Forfeiture Provisions

§ 19.2-386.15. Seizure of property used in connection with or derived from terrorism - A. The following property shall be subject to lawful seizure...

§ 19.2-386.16. Forfeiture of motor vehicles used in commission of certain crimes - A. Any vehicle knowingly used by the owner thereof or...

§ 19.2-386.17. Forfeitures for computer crimes - All moneys and other income, including all proceeds earned but...

§ 19.2-386.18. Forfeiture of unlawful electronic communication devices - Any unlawful electronic communication device possessed, manufactured or sold in...

§ 19.2-386.19. Seizure of property used in connection with money laundering - The following property shall be subject to lawful seizure by...

§ 19.2-386.20. Forfeiture of cigarettes sold or attempted to be sold in an unlawful delivery sale - Any cigarettes sold or attempted to be sold in a...

§ 19.2-386.21. Forfeiture of counterfeit and contraband cigarettes - Counterfeit cigarettes possessed in violation of § 18.2-246.14 and cigarettes...

§ 19.2-386.22. Seizure of property used in connection with or derived from illegal drug transactions - A. The following property shall be subject to lawful seizure...

§ 19.2-386.23. Disposal of seized controlled substances, marijuana, and paraphernalia - A. All controlled substances, imitation controlled substances, marijuana, or paraphernalia,...

§ 19.2-386.24. Destruction of seized controlled substances or marijuana prior to trial - Where seizures of controlled substances or marijuana are made in...

§ 19.2-386.25. Judge may order law-enforcement agency to maintain custody of controlled substances, etc. - Upon request of the clerk of any court, a judge...

§ 19.2-386.26. Seizure and forfeiture of drug paraphernalia - All drug paraphernalia as defined in Article 1.1 (§ 18.2-265.1...

§ 19.2-386.27. Forfeiture of firearms carried in violation of Article 6.1 (§ 18.2-307.1 et seq.) - Any weapon used in the commission of a violation of...

§ 19.2-386.28. Forfeiture of weapons that are concealed, possessed, transported or carried in violation of law - Any firearm, stun weapon as defined by § 18.2-308.1, or...

§ 19.2-386.29. Forfeiture of certain weapons used in commission of criminal offense - All pistols, shotguns, rifles, dirks, bowie knives, switchblade knives, ballistic...

§ 19.2-386.30. Forfeiture of money, gambling devices, etc., seized from illegal gambling enterprise; innocent owners or lienors - All money, gambling devices, office equipment and other personal property...

§ 19.2-386.31. Seizure and forfeiture of property used in connection with the exploitation and solicitation of children - All audio and visual equipment, electronic equipment, devices and other...

§ 19.2-386.32. Seizure and forfeiture of property used in connection with the abduction of children - All moneys and other property, real and personal, owned by...

§ 19.2-386.33. Forfeiture of money, etc., derived from violation of §§ 2.2-3103 through 2.2-3112 - In addition to any other fine or penalty provided by...

§ 19.2-386.34. Forfeiture of vehicle used in a felony violation of § 18.2-266 - The vehicle solely owned and operated by the accused during...

§ 19.2-386.35. Seizure of property used in connection with certain offenses - All money, equipment, motor vehicles, and other personal and real...

Chapter 23 - Central Criminal Records Exchange

§ 19.2-387. Exchange to operate as a division of Department of State Police; authority of Superintendent of State Police - A. The Central Criminal Records Exchange shall operate as a...

§ 19.2-387.1. Protective Order Registry; maintenance; access - A. The Department of State Police shall keep and maintain...

§ 19.2-387.2. National Crime Prevention and Privacy Compact of 1998 - The National Crime Prevention and Privacy Compact of 1998 is...

§ 19.2-387.3. Substantial Risk Order Registry; maintenance; access - A. The Department of State Police shall keep and maintain...

§ 19.2-388. Duties and authority of Exchange - A. It shall be the duty of the Central Criminal...

§ 19.2-388.1. Fingerprints submitted by Live Scan device - A. The Department of State Police (the Department) shall accept...

§ 19.2-389. Dissemination of criminal history record information - A. Criminal history record information shall be disseminated, whether directly...

§ 19.2-389.1. Dissemination of juvenile record information - Record information maintained in the Central Criminal Records Exchange pursuant...

§ 19.2-389.2. Background checks of applicants of the Metropolitan Washington Airports Authority - The police department of the Metropolitan Washington Airports Authority as...

§ 19.2-389.3. (For contingent expiration dates see Acts 2021, Sp. Sess. I, cc. 524, 542, 550, and 551) Marijuana possession; limits on dissemination of criminal history record information; prohibited practices by employers, educational institutions,... - A. Records relating to the arrest, criminal charge, or conviction...

§ 19.2-389.3. (For contingent effective date see Acts 2021, Sp. Sess. I, cc. 524, 542, 550, and 551) Marijuana possession; limits on dissemination of criminal history record information; prohibited practices by employers, educational institutions, an... - A. Records relating to the arrest, criminal charge, or conviction...

§ 19.2-390. Reports to be made by local law-enforcement officers, conservators of the peace, clerks of court, Secretary of the Commonwealth and Corrections officials to State Police; material submitted by other agencies - A. 1. Every state official or agency having the power...

§ 19.2-390.01. Use of Virginia crime code references required - If any criminal warrant, indictment, information, presentment, petition, summons, charging...

§ 19.2-390.02. Policies and procedures for law enforcement to conduct in-person and photo lineups - The Department of State Police and each local police department...

§ 19.2-390.03. Development and dissemination of model policy on fingerprinting and reports to the Central Criminal Records Exchange - The Department of State Police shall develop a model policy...

§ 19.2-390.04. Custodial interrogations; recording - A. For purposes of this section: "Custodial interrogation" means any...

§ 19.2-390.1. Sex Offender and Crimes Against Minors Registry; maintenance; access - The Department of State Police shall keep and maintain a...

§ 19.2-390.2. Repealed - Repealed by Acts 2003, c. 584, cl. 2.

§ 19.2-390.3. Child Pornography Registry; maintenance; access - A. The Office of the Attorney General, in cooperation with...

§ 19.2-391. Records to be made available to Exchange by state officials and agencies; duplication of records - Each state official and agency shall make available to the...

§ 19.2-392. Fingerprints and photographs by police authorities - A. All duly constituted police authorities having the power of...

§ 19.2-392.01. Judges may require taking of fingerprints and photographs in certain misdemeanor cases - The judge of a district court may, in his discretion,...

§ 19.2-392.02. National criminal background checks by businesses and organizations regarding employees or volunteers providing care to children or the elderly or disabled - A. For purposes of this section: "Barrier crime" means (i)...

Chapter 23.1 - Expungement of Criminal Records

§ 19.2-392.1. (For contingent expiration date, see Acts 2021, Sp. Sess. I, cc. 550 and 551, cl. 9) Statement of policy - The General Assembly finds that arrest records can be a...

§ 19.2-392.1. (For contingent effective date, see Acts 2021, Sp. Sess. I, cc. 550 and 551, cl. 9) Statement of policy - The General Assembly finds that arrest records can be a...

§ 19.2-392.2. Expungement of police and court records - A. If a person is charged with the commission of...

§ 19.2-392.2:1. (For contingent effective date, see Acts 2021, Sp. Sess. I, cc. 550 and 551, cl. 9) Former marijuana offenses; automatic expungement - A. Records relating to the arrest, criminal charge, conviction, or...

§ 19.2-392.2:2. (For contingent effective date, see Acts 2021, Sp. Sess. I, cc. 550 and 551, cl. 9) Former marijuana offenses; petition for expungement - A. A person who has been convicted or adjudicated delinquent...

§ 19.2-392.3. Disclosure of expunged records - A. It shall be unlawful for any person having or...

§ 19.2-392.4. (For contingent expiration date, see Acts 2021, Sp. Sess. I, cc. 550 and 551, cl. 9) Prohibited practices by employers, educational institutions, agencies, etc., of state and local governments - A. An employer or educational institution shall not, in any...

§ 19.2-392.4. (For contingent effective date, see Acts 2021, Sp. Sess. I, cc. 550 and 551, cl. 9) Prohibited practices by employers, educational institutions, agencies, etc., of state and local governments - A. An employer or educational institution shall not, in any...

Chapter 23.2 - Sealing of Criminal History Record Information and Court Records

§ 19.2-392.5. (For contingent effective date see Acts 2021, Sp. Sess. I, cc. 524 and 542) Sealing defined; effect of sealing - A. As used in this chapter, unless the context requires...

§ 19.2-392.6. (For contingent effective date see Acts 2021, Sp. Sess. I, cc. 524 and 542) Automatic sealing of offenses resulting in a deferred and dismissed disposition or conviction - A. If a person was charged with an offense in...

§ 19.2-392.7. (For contingent effective date see Acts 2021, Sp. Sess. I, cc. 524 and 542) Process for automatic sealing of offenses resulting in a conviction or deferred disposition - A. On at least a monthly basis, the Department of...

§ 19.2-392.8. (For contingent effective date see Acts 2021, Sp. Sess. I, cc. 524 and 542) Automatic sealing of offenses resulting in acquittal, nolle prosequi, or dismissal - A. If a person is charged with the commission of...

§ 19.2-392.9. (For contingent effective date see Acts 2021, Sp. Sess. I, cc. 524 and 542) Automatic sealing for mistaken identity or unauthorized use of identifying information - A. If (i) a person is charged or arrested as...

§ 19.2-392.10. (For contingent effective date see Acts 2021, Sp. Sess. I, cc. 524 and 542) Process for automatic sealing of offenses resulting in acquittal, nolle prosequi, or dismissal - A. On at least a monthly basis, the Executive Secretary...

§ 19.2-392.11. (For contingent effective date see Acts 2021, Sp. Sess. I, cc. 524 and 542) Automatic sealing of misdemeanor offenses resulting in acquittal, nolle prosequi, or dismissal for persons with no convictions or deferred and dismissed offens... - A. On at least an annual basis, the Department of...

§ 19.2-392.12. (For contingent effective date see Acts 2021, Sp. Sess. I, cc. 524 and 542) Sealing of offenses resulting in a deferred and dismissed disposition or conviction by petition - A. Except for a conviction or deferral and dismissal of...

§ 19.2-392.13. (For contingent effective date see Acts 2021, Sp. Sess. I, cc. 524 and 542) Disposition of records when an offense is sealed; permitted uses of sealed records - A. Upon electronic notification that a court order for sealing...

§ 19.2-392.14. (For contingent effective date see Acts 2021, Sp. Sess. I, cc. 524 and 542) Disclosure of sealed records; penalty - A. It is unlawful for any person having or acquiring...

§ 19.2-392.15. (For contingent effective date see Acts 2021, Sp. Sess. I, cc. 524 and 542) Prohibited practices by employers, educational institutions, agencies, etc., of state and local governments; penalty - A. Except as provided in subsection B, agencies, officials, and...

§ 19.2-392.16. (For contingent effective date see Acts 2021, Sp. Sess. I, cc. 524 and 542) Dissemination of criminal history records and traffic history records by business screening services - A. For the purposes of this section: "Business screening service"...

§ 19.2-392.17. (For contingent effective date see Acts 2021, Sp. Sess. I, cc. 524 and 542) Traffic infractions deemed sealed - A. Any record of a traffic infraction under Title 46.2...

Chapter 24 - Inspection Warrants

§ 19.2-393. Definitions - An "inspection warrant" is an order in writing, made in...

§ 19.2-394. Issuance of warrant - An inspection warrant may be issued for any inspection, testing...

§ 19.2-395. Duration of warrant - An inspection warrant shall be effective for the time specified...

§ 19.2-396. Conduct of inspection, testing or collection of samples for testing; special procedure for dwelling - An inspection, testing or collection of samples for testing pursuant...

§ 19.2-397. Refusal to permit authorized inspection; penalty - Any person who willfully refuses to permit an inspection, testing...

Chapter 25 - Appeals by the Commonwealth

§ 19.2-398. When appeal by the Commonwealth allowed - A. In a felony case a pretrial appeal from a...

§ 19.2-400. Appeal lies to the Court of Appeals; time for filing notice - An appeal taken pursuant to § 19.2-398, including such an...

§ 19.2-401. Cross appeal; when allowed; time for filing - The defendant shall have no independent right of appeal pursuant...

§ 19.2-402. Petition for appeal; brief in opposition; time for filing - A. When a notice of appeal has been filed pursuant...

§ 19.2-403. Procedures on petition for pretrial appeal - The procedures on a pretrial appeal to the Court of...

§ 19.2-404. Procedures on awarded pretrial appeal - This section applies only to pretrial appeals. If the Court...

§ 19.2-405. Pretrial appeals; record on appeal; transcript; written statement of facts; time for filing - This section applies only to pretrial appeals. The record on...

§ 19.2-406. Bail pending pretrial appeal - This section applies only to pretrial appeals. Upon a pretrial...

§ 19.2-407. Review by the Supreme Court - Pursuant to § 17.1-409, the Supreme Court in its discretion...

§ 19.2-408. Finality of decision of the Court of Appeals in pretrial appeals - The decision of the Court of Appeals shall be final...

§ 19.2-409. Exclusion of pretrial appeal period from time within which accused must be tried; reconsideration of issues after conviction - This section applies only to pretrial appeals. The provisions of...

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Code of Virginia Title 19.2 - Criminal Procedure

Code of Virginia
Title 19.2 - Criminal Procedure