SB 806 Virginia Senate · 2020 Regular Session

Criminal cases; ex parte requests for expert assistance.

Summary
Ex parte requests for investigative services or expertassistance in noncapital cases. Allows a defendant or his attorney, whensuch defendant is charged with a noncapital offense and is financially unableto pay for investigative services or expert assistance, to move a court toconduct an ex parte hearing on a request for such services or assistance. For amotion for investigative services, the bill requires a defendant or hisattorney to state under oath or in a sworn declaration that a need forconfidentiality exists regarding the request for investigative services and,after a hearing upon the motion, the court shall authorize the defendant or hisattorney to obtain investigative services upon a showing that the requestedservices would materially assist the defendant and are necessary in order toguarantee an adequate defense and that the lack of such confidential serviceswould result in a fundamentally unfair trial. For a motion for expertassistance, the bill requires a defendant or his attorney to show, in anadversarial proceeding before the trial judge, a particularized need forconfidentiality of the request for expert assistance. Upon a finding, by clearand convincing evidence, that a particularized need for confidentiality of theexpert services exists, the court shall hold an ex parte hearing and may orderthe appointment of a qualified expert upon a showing that the provision of therequested expert services would materially assist the defendant in preparinghis defense and the lack of such confidential assistance would result in afundamentally unfair trial.
Bill status passed 4 of 5 stages cleared
Introduction
Jan 2020
Committee Review
Feb 2020
Senate Passage
Feb 2020
House of Delegates Passage
Feb 2020
Governor
Introduced Jan 8, 2020 Last action Mar 3, 2020
Floor votes · Senate Feb 11, 2020 · House of Delegates Feb 19, 2020

How they voted

35–4
Passed · 1 other
Total votes 40
Feb 11, 2020
D Democratic21
21 Yea
100% Yea
R Republican19
14 Yea 4 Nay 1
73% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
29
Key actions
9
Committee
13
Amendments
1
Feb 19, 2020
Committee
Referred to Committee on Appropriations
lower
Feb 19, 2020
Lower · Passed
Reported from Courts of Justice with substitute (20-Y 1-N)
lower
Feb 19, 2020
House Of Delegates · Passed
House of Delegates Vote: pass (20-1)
house of delegates
Feb 17, 2020
Lower · Passed
Subcommittee recommends reporting with substitute (7-Y 1-N)
lower
Feb 14, 2020
Committee
Assigned Courts sub: Criminal
lower
Feb 14, 2020
Committee
Referred to Committee for Courts of Justice
lower
Feb 11, 2020
Upper · Passed
Passed Senate (35-Y 4-N)
upper
Feb 11, 2020
Upper · Passed
Engrossed by Senate - committee substitute with amendment SB806ES1
upper
Feb 11, 2020
Upper · Passed
Committee amendment agreed to
upper
Feb 11, 2020
Introduced
Reading of amendment waived
upper
Feb 11, 2020
Upper · Passed
Committee substitute agreed to 20107692D-S1
upper
Feb 6, 2020
Upper · Passed
Reported from Finance and Appropriations with amendment (15-Y 1-N)
upper
Feb 5, 2020
Committee
Rereferred to Finance and Appropriations
upper
Feb 5, 2020
Upper · Passed
Reported from Judiciary with substitute (12-Y 3-N)
upper
Jan 24, 2020
Committee
Assigned Judiciary sub: Criminal Law
upper
Jan 8, 2020
Committee
Referred to Committee on the Judiciary
upper
Jan 8, 2020
Introduced
Prefiled and ordered printed; offered 01/08/20 20103178D
upper
1 primary · 2 co-sponsors

Sponsors