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Virginia Criminal Procedure Statutes


§ 19.2-1. Repealing clause.
§ 19.2-2. Effect of repeal of Title 19.1 and enactment of this title.
§ 19.2-3. Certain notices, recognizances and processes validated.
§ 19.2-3.1. Personal appearance by two-way electronic video and audio communication; standards.
§ 19.2-4. References to former sections, articles or chapters of Titles 18.1 and 19.1.
§ 19.2-5. Meaning of certain terms.
§ 19.2-6. Appointive power of circuit courts.
§ 19.2-7. Rewards for arrest of persons convicted of or charged with offenses; rewards for conviction of unknown offenders.
§ 19.2-8. Limitation of prosecutions.
§ 19.2-8.1. Prosecution for murder or manslaughter; passage of time not a limitation.
§ 19.2-9. Prosecution of certain criminal cases removed from state to federal courts; costs.
§ 19.2-9.1. Written notice required for complaining witness who is requested to take polygraph test.
§ 19.2-10. Outlawry abolished.
§ 19.2-10.1. Subpoena duces tecum for obtaining records concerning banking and credit cards.
§ 19.2-10.2. Administrative subpoena issued for record from provider of electronic communication service or remote computing service.
§ 19.2-11. Procedure in contempt cases.

Extradition of Criminals

§ 19.2-84. Governor to surrender on requisition of President.
§ 19.2-85. Definitions.
§ 19.2-86. Fugitives from justice; duty of Governor.
§ 19.2-87. Form of demand.
§ 19.2-88. Governor may investigate case.
§ 19.2-89. Extradition of persons imprisoned or awaiting trial in another state.
§ 19.2-90. Extradition of persons who have left demanding state involuntarily.
§ 19.2-91. Extradition of persons not in demanding state at time of commission of crime.
§ 19.2-92. Issuance of Governor’s warrant of arrest; its recitals.
§ 19.2-93. Manner and place of execution of warrant.
§ 19.2-94. Assistance to arresting officer.
§ 19.2-95. Rights of accused persons; application for writ of habeas corpus.
§ 19.2-96. Penalty for noncompliance with preceding section.
§ 19.2-97. Confinement in jail when necessary.
§ 19.2-98. Same; for prisoners being taken through Commonwealth.
§ 19.2-99. Arrest prior to requisition.
§ 19.2-100. Arrest without warrant.
§ 19.2-101. Confinement to await requisition; bail.
§ 19.2-102. In what cases bail allowed; conditions of bond.
§ 19.2-103. Discharge, recommitment or renewal of bail.
§ 19.2-104. Forfeiture of bail.
§ 19.2-105. Persons under criminal prosecution in this Commonwealth at time of requisition.
§ 19.2-106. When guilt or innocence of accused inquired into.
§ 19.2-107. Governor may recall warrant or issue alias.
§ 19.2-108. Fugitives from this Commonwealth; duty of Governor.
§ 19.2-109. Application for requisition for return of person charged with crime.
§ 19.2-110. Application for requisition for return of escaped convict, etc.
§ 19.2-111. Form of such applications; copies, etc.
§ 19.2-112. Costs and expenses of extradition.
§ 19.2-113. Immunity from service of process in certain civil actions.
§ 19.2-114. Written waiver of extradition proceedings.
§ 19.2-115. Nonwaiver by this Commonwealth.
§ 19.2-116. No right of asylum; no immunity from other criminal prosecutions while in this Commonwealth
§ 19.2-117. Interpretation of article.
§ 19.2-118. Short title.

Bail and Recognizances

§ 19.2-119. Definitions.
§ 19.2-120. Admission to bail.
§ 19.2-120.1. Presumption of no bail for illegal aliens charged with certain crimes.
§ 19.2-121. Fixing terms of bail.
§ 19.2-123. Release of accused on secured or unsecured bond or promise to appear; conditions of release.
§ 19.2-124. Appeal from bail, bond, or recognizance order.
§ 19.2-125. Release pending appeal from conviction in court not of record.
§ 19.2-127. Conditions of release of material witness.
§ 19.2-128. Penalties for failure to appear.
§ 19.2-129. Power of court to punish for contempt.
§ 19.2-130. Bail in subsequent proceeding arising out of initial arrest.
§ 19.2-130.1. Bail terms set by court on a capias to be honored by magistrate.

Protective Orders

§ 19.2-152.7:1. Definitions.
§ 19.2-152.8. Emergency protective orders authorized.
§ 19.2-152.9. Preliminary protective orders.
§ 19.2-152.10. Protective order.
§ 19.2-152.11. Venue for protective orders.

Disability of Judge or Attorney for Commonwealth; Court- Appointed Counsel; Interpreters

§ 19.2-153. When judge cannot sit on trial; how another judge procured to try the case.

§ 19.2-163. Compensation of court-appointed counsel.

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.
§ 19.2-182.3. Commitment; civil proceedings.
§ 19.2-182.7. Conditional release; criteria; conditions; reports.
§ 19.2-182.8. Revocation of conditional release.
§ 19.2-182.9. Emergency custody of conditionally released acquittee.

Preliminary Hearing

Grand Juries

Presentments, Indictments and Informations

§ 19.2-183. Examination of witnesses; assistance of counsel; evidentiary matters and remedies; power to adjourn case.
§ 19.2-183.1. Joint preliminary hearings.
§ 19.2-184. Witnesses may be separated (Subsection (a) of Supreme Court Rule 2:615 derived in part from this section).
§ 19.2-185. Testimony may be reduced to writing and subscribed.
§ 19.2-186. When accused to be discharged, tried, committed or bailed by judge.
§ 19.2-187. Admission into evidence of certain certificates of analysis.
§ 19.2-187.01. Certificate of analysis as evidence of chain of custody of material described therein.
§ 19.2-187.02. Admissibility of written reports or records of blood alcohol tests conducted in the regular course of providing emergency medical treatment.
§ 19.2-187.1. Procedures for notifying accused of certificate of analysis; waiver; continuances.
§ 19.2-187.2. Procedure for subpoena duces tecum of analysis evidence.
§ 19.2-188. Reports by Chief Medical Examiner received as evidence.
§ 19.2-188.1. Testimony regarding identification of controlled substances.
§ 19.2-188.2. Certificate of surgeon as evidence.
§ 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).
§ 19.2-189. Commitment of accused for further examination.
§ 19.2-190. To whom, and when, examination and recognizance to be certified.

Trial and Its Incidents

Evidence and Witnesses

Convictions; Effect Thereof

Sentence; Judgment; Execution of Sentence

§ 19.2-297.1. Sentence of person twice previously convicted of certain violent felonies.

§ 19.2-298.01. Use of discretionary sentencing guidelines.

§ 19.2-302. Construction and administration of §§ 19.2-300 and 19.2-301.

§ 19.2-303. Suspension or modification of sentence; probation; taking of fingerprints and blood, saliva, or tissue sample as condition of probation.

§ 19.2-303.1. Fixing period of suspension of sentence.

§ 19.2-303.2. Persons charged with first offense may be placed on probation.

§ 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.

§ 19.2-306. Revocation of suspension of sentence and probation.

§ 19.2-368.22. Actions to defeat chapter void.
§ 19.2-386.1. Commencing an action of forfeiture.
§ 19.2-386.2. Seizure of named property.
§ 19.2-386.2:1. Notice to Commissioner of Department of Motor Vehicles; duties of Commissioner.
§ 19.2-386.3. Notice of seizure for forfeiture and notice of motion for judgment.
§ 19.2-386.4. Records and handling of seized property.
§ 19.2-386.5. Release of seized property.
§ 19.2-386.6. Bond to secure possession.
§ 19.2-386.7. Sale of property liable to deterioration.
§ 19.2-386.8. Exemptions.
§ 19.2-386.9. Appearance by owner or lien holder.
§ 19.2-386.10. Trial.
§ 19.2-386.11. Judgment of condemnation; destruction.
§ 19.2-386.12. Sale of forfeited property.
§ 19.2-386.13. Writ of error and supersedeas.
§ 19.2-386.14. Sharing of forfeited assets.
§ 19.2-386.15. Seizure of property used in connection with or derived from terrorism.
§ 19.2-386.16. Forfeiture of motor vehicles used in commission of certain crimes.
§ 19.2-386.17. Forfeitures for computer crimes.
§ 19.2-386.18. Forfeiture of unlawful electronic communication devices.
§ 19.2-386.19. Seizure of property used in connection with money laundering.
§ 19.2-386.20. Forfeiture of cigarettes sold or attempted to be sold in an unlawful delivery sale.
§ 19.2-386.21. Forfeiture of counterfeit and contraband cigarettes.
§ 19.2-386.22. Seizure of property used in connection with or derived from illegal drug transactions.
§ 19.2-386.23. Disposal of seized controlled substances, marijuana, synthetic cannabinoids, and paraphernalia.
§ 19.2-386.24. Destruction of seized controlled substances, marijuana, or synthetic cannabinoids prior to trial.
§ 19.2-386.25. Judge may order law-enforcement agency to maintain custody of controlled substances, etc.
§ 19.2-386.26. Seizure and forfeiture of drug paraphernalia.
§ 19.2-386.27. Forfeiture of firearms carried in violation of Article 6.1 (§ 18.2-307.1 et seq.).
§ 19.2-386.28. Forfeiture of weapons that are concealed, possessed, transported or carried in violation of law.
§ 19.2-386.29. Forfeiture of certain weapons used in commission of criminal offense.
§ 19.2-386.30. Forfeiture of money, gambling devices, etc., seized from illegal gambling enterprise; innocent owners or lienors.
§ 19.2-386.31. Seizure and forfeiture of property used in connection with the exploitation and solicitation of children.
§ 19.2-386.32. Seizure and forfeiture of property used in connection with the abduction of children.
§ 19.2-386.33. Forfeiture of money, etc., derived from violation of §§ 2.2-3103 through 2.2-3112.
§ 19.2-386.34. Forfeiture of vehicle used in a felony violation of § 18.2-266.
§ 19.2-387. Exchange to operate as a division of Department of State Police; authority of Superintendent of State Police.
§ 19.2-387.1. Protective Order Registry; maintenance; access.
§ 19.2-388. Duties and authority of Exchange.
§ 19.2-389. Dissemination of criminal history record information.
§ 19.2-389.1. Dissemination of juvenile record information.
§ 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.
§ 19.2-390.01. Use of Virginia crime code references required.
§ 19.2-390.02. Policies and procedures for law enforcement to conduct in-person and photo lineups.
§ 19.2-390.1. Sex Offender and Crimes Against Minors Registry; maintenance; access.
§ 19.2-390.3. Child Pornography Images Registry; maintenance; access.
§ 19.2-391. Records to be made available to Exchange by state officials and agencies; duplication of records.
§ 19.2-392. Fingerprints and photographs by police authorities.
§ 19.2-392.01. Judges may require taking of fingerprints and photographs in certain misdemeanor cases.
§ 19.2-392.02. National criminal background checks by businesses and organizations regarding employees or volunteers providing care to children, the elderly and disabled.
§ 19.2-392.1. Statement of policy.
§ 19.2-392.2. Expungement of police and court records.
§ 53.1-131. Provision for release of prisoner from confinement for employment, educational or other rehabilitative programs; escape; penalty; disposition of earnings.