Joshua G. Cole
Discovery in criminal cases; duty to provide. Requiresthe attorney for the Commonwealth, upon written notice by an accused to thecourt and to the attorney for the Commonwealth, to permit the accused to inspectand copy or photograph (i) any relevant written or recorded statements orconfessions made by the accused and the substance of any oral statements orconfessions made by the accused to any law-enforcement officer; (ii) anyrelevant written reports of autopsies, ballistic tests, fingerprint analyses,handwriting analyses, blood, urine, and breath tests, and other scientificreports and written reports of a physical or mental examination of the accusedor the alleged victim; (iii) any books, papers, documents, tangible objects,buildings, or places, or copies or portions thereof, that are within thepossession, custody, or control of the Commonwealth; (iv) any relevant policereports, as defined in the bill; and (v) all relevant statements, as defined inthe bill, of any non-expert witness whom the Commonwealth is required todesignate on a witness list. The bill also provides that if the accused files awritten notice the accused shall (a) permit the Commonwealth to inspect, copy,or photograph any written reports of autopsy examinations, ballistic tests,fingerprint, blood, urine, and breath analyses, and other scientific tests thatare within the possession, custody, or control of the accused and that theaccused intends to introduce in evidence at the trial or sentencing; (b)disclose whether he intends to introduce evidence to establish an alibi; and(c) if he intends to rely upon a defense of insanity, permit the Commonwealthto inspect, copy, or photograph any written reports of physical or mental examinationof the accused made in connection with the case. The bill provides that forgood cause a party may withhold or redact certain information from suchdisclosures and the opposing party may file a motion to compel disclosure or toremove any restriction. The accused's duty to provide discovery shall be inaddition to any duty to provide reciprocal discovery pursuant to Rule 3A:11 ofthe Rules of Supreme Court of Virginia.
Stricken from docket by Courts of Justice (20-Y 0-N)
Prefiled and ordered printed; offered 01/08/20 20101558D
Referred to Committee for Courts of Justice
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