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HB 873

  • Virginia House Bill
  • 2020 Regular Session
  • Introduced in House Jan 07, 2020
  • Passed House Feb 11, 2020
  • Passed Senate Mar 05, 2020
  • Governor

Discovery in criminal cases; penalties.

Abstract

Discovery in criminal cases. Establishes requirements and procedures for discovery by an accused and by the Commonwealth in a criminal case. The bill requires a party requesting discovery to request that the other party voluntarily comply with such request prior to filing any motion before a judge. Upon receiving a negative or unsatisfactory response, or upon the passage of seven days following the receipt of the request without response, the party requesting discovery may file a motion for discovery with the court. The bill details information that is subject to discovery and provides that discovery shall be provided at a reasonable time before trial but that in no case shall it be provided later than (i) 14 days before trial on a misdemeanor in circuit court, (ii) 30 days before trial on a felony or multiple felony counts punishable by confinement in a state correctional facility for an aggregate of 30 years or less, or (iii) 90 days before trial on a felony or multiple felony counts punishable by confinement in a state correctional facility for an aggregate of more than 30 years. The bill also provides a mechanism for redaction of certain personal identifying information and creates a procedure for either party to move the court to enter a protection order with regard to discovery. Finally, the bill grants the court the ability to impose various remedies it deems just if a party fails to comply with any of the requirements. This bill incorporates HB 1153.

Discovery in criminal cases; penalties. Establishesrequirements and procedures for discovery by an accused and by the Commonwealthin a criminal case. The bill requires a party requesting discovery to requestthat the other party voluntarily comply with such request prior to filing anymotion before a judge. Upon receiving a negative or unsatisfactory response, orupon the passage of seven days following the receipt of the request withoutresponse, the party requesting discovery may file a motion for discovery withthe court. The bill details information that is subject to discovery andprovides a mechanism for redaction of certain personal identifying information.The bill also creates a procedure whereby the parties may conduct depositionsof witnesses prior to trial and use statements obtained during such depositionsfor impeachment at trial as a prior inconsistent statement. The bill creates aprocedure for either party to move the court to enter a protection order withregard to discovery and, if granted, the court may order any conditionlimiting, but not preventing, disclosure, so long as the condition is necessaryto the orderly adjudication of the case or to the fair administration ofjustice. Finally, the bill (i) makes it a Class 6 felony for any person towillfully omit or misrepresent evidence or information required to be disclosedto the accused, (ii) makes it a Class 1 misdemeanor for any person to willfullyomit or misrepresent any other evidence of information required to bedisclosed, and (iii) grants the court the ability to impose additional remediesit deems just if a party fails to comply with any of the requirements.

Bill Sponsors (3)

Jeffrey M. Bourne

  • Democratic
  • lower
  • 71
Primary

Lamont Bagby

  • Democratic
  • lower
  • 74
Cosponsor

Alfonso H. Lopez

  • Democratic
  • lower
  • 49
Cosponsor

Votes


Actions


Apr 11, 2020

Office of the Governor

Approved by Governor-Chapter 1167 (effective - see bill)

Mar 17, 2020

Office of the Governor

Governor's Action Deadline 11:59 p.m., April 11, 2020

House

Enrolled Bill communicated to Governor on March 17, 2020

Mar 12, 2020

House

Enrolled

Senate

Signed by President

House

Signed by Speaker

House

Impact statement from DPB (HB873ER)

Mar 05, 2020

Senate

Passed Senate (28-Y 11-N)

Senate

Read third time

Mar 04, 2020

Senate

Constitutional reading dispensed (40-Y 0-N)

Mar 02, 2020

Senate

Reported from Finance and Appropriations (15-Y 0-N)

Feb 24, 2020

Senate

Reported from Judiciary (12-Y 3-N)

Senate

Rereferred to Finance and Appropriations

Feb 17, 2020

House

Impact statement from DPB (HB873H1)

Feb 12, 2020

Senate

Constitutional reading dispensed

Senate

Referred to Committee on the Judiciary

Feb 11, 2020

House

VOTE: Passage (56-Y 44-N)

House

Read third time and passed House (56-Y 44-N)

Feb 10, 2020

House

Engrossed by House - committee substitute HB873H1

House

Committee substitute agreed to 20107766D-H1

House

Read second time

Feb 09, 2020

House

Read first time

Feb 07, 2020

House

Reported from Courts of Justice with substitute (10-Y 7-N)

House

Incorporates HB1153 (Lopez)

House

Committee substitute printed 20107766D-H1

House

Subcommittee recommends reporting (5-Y 0-N)

Feb 04, 2020

House

Impact statement from DPB (HB873)

House

Assigned Courts sub: Criminal

Jan 08, 2020

House

Impact statement from VCSC (HB873)

Jan 07, 2020

House

Prefiled and ordered printed; offered 01/08/20 20101904D

House

Referred to Committee for Courts of Justice

Bill Text

Bill Text Versions Format
Impact statement from VCSC (HB873) HTML
Engrossed by House - committee substitute HB873H1 HTML
Bill text as passed House and Senate (HB873ER) HTML
Acts of Assembly Chapter text (CHAP1167) HTML

Related Documents

Document Format
No related documents.

Sources

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