Criminal Justice

Discovery; methods of delivery. Requires the Commonwealth, upon request by the accused or his counsel, to copy or photograph any discovery materials or evidence the accused is permitted to inspect and review, including relevant police reports, criminal records, dashboard camera footage, and body-worn camera footage, and requires the Commonwealth to provide copies to the accused or his counsel, subject to the redaction, restricted dissemination, and protective order provisions of the relevant Rules of the Supreme Court of Virginia and unless such material is prohibited from being distributed by law.The bill requires the attorney for the Commonwealth in any district court to provide to counsel of record for the accused, if requested, a copy of any relevant police report at least 10 days prior to the date the case is set for trial or preliminary hearing, and such report is subject to limitations on dissemination. The bill further provides that if such materials are provided to counsel of record for the accused in district court for a preliminary hearing, the circuit court shall order such counsel to provide discovery to the attorney for the Commonwealth subject to the relevant Rules of the Supreme Court of Virginia prior to trial in circuit court. Lastly, the bill provides that if at any time during the course of the proceedings it is brought to the attention of the court that the attorney for the Commonwealth has failed to comply with such provisions, the court may order the Commonwealth to permit discovery or inspection, grant a continuance, or prohibit the Commonwealth from introducing evidence not disclosed, or the court may enter such other order as it deems just under the circumstances.

Offenses relating to gift cards; penalties. Adds the offenses of gift card theft, gift card forgery, gift card fraud, and criminally receiving goods and services fraudulently obtained to the existing provisions of law related to credit cards. This bill is identical to HB 662.

Law enforcement; artificial intelligence inventory; civil action. Requires all law-enforcement agencies, defined in the bill as any state or local law-enforcement agency or sheriff's department, to conduct an inventory of any covered artificial intelligence system, defined in the bill, used by such agency and to make such inventory publicly available by November 1 of each year. The bill also provides that the Attorney General may investigate and, if warranted, bring a civil action against any law-enforcement agency to obtain equitable or declaratory relief to enforce the provisions of the bill and provides that a resident of the jurisdiction may bring a civil action against the law-enforcement agency to obtain equitable or declaratory relief to enforce the provisions of the bill. The bill requires such plaintiff to provide written notice of any alleged violation to the law-enforcement agency at least 90 days prior to filing suit, in a manner that is reasonably calculated to enable the law-enforcement agency to cure the alleged violation.

Marijuana field test; testimony as to the results; consuming or possessing marijuana or marijuana products while in a motor vehicle or on public school grounds. Allows a law-enforcement officer to testify as to the results of any marijuana field test approved as accurate and reliable by the Department of Forensic Science regarding whether or not any plant material at issue is marijuana in a trial for a violation of using or consuming marijuana or marijuana products while in a motor vehicle being driven upon a public highway or consuming or possessing marijuana or marijuana products in or on public school grounds, provided the defendant has been given written notice of his right to request a full chemical analysis. Current law allows a law-enforcement officer to testify as to the results of a marijuana field test in a trial for underage possession or consumption of marijuana.

Court fines and fees; indigent defendant; waiver of fees. Provides that in any criminal or traffic case, the court may waive the assessment of certain fees specified in the bill, either wholly or in part, if the court determines the defendant to be indigent pursuant to the financial criteria set forth in relevant law and unable to pay such fee. The bill provides that the court may make such determination sua sponte or upon motion of the defendant at any time prior to the entry of an order for which such fee is assessed or the final order has been entered.

Interjurisdictional law-enforcement agreements; behavioral health co-response teams. Provides that interjurisdictional law-enforcement agreements may allow for the development of co-response teams staffed by one or more law-enforcement agencies that respond to behavioral health-related calls in multiple jurisdictions. This bill is a recommendation of the Behavioral Health Commission. This bill is identical to HB 248.

Virginia Youth Empowerment and Mentoring Grant Fund and Program; established. Establishes the Virginia Youth Empowerment and Mentoring Grant Fund and Program, to be administered by the Department of Criminal Justice Services, for the purpose of awarding grants to community-based organizations for the purpose of placing mentors with high-risk youth in an effort to transition such youth into careers in certified high-wage trades.

Court fines and fees; indigent defendant; waiver of fees. Provides that in any criminal or traffic case, the court may waive the assessment of certain fees specified in the bill, either wholly or in part, if the court determines the defendant to be indigent pursuant to the financial criteria set forth in relevant law and unable to pay such fee. The bill provides that the court may make such determination sua sponte or upon motion of the defendant at any time prior to the entry of an order for which such fee is assessed or the final order has been entered.

Criminal complaint, warrant, summons, etc.; temporary sealing. Provides that (i) any complaint that accompanies any warrant, summons, or capias issued pursuant to relevant law may be temporarily sealed for a specific period of time by the appropriate court upon application of the attorney for the Commonwealth for good cause shown in an ex parte hearing and (ii) any individual arrested on or served with such warrant, summons, or capias may move the appropriate court for the unsealing of such complaint. The bill states that the burden of proof with respect to continued sealing shall be upon the Commonwealth.

Procedure for use of prior conviction as element of offense charged. Establishes a procedure for using a defendant's prior conviction to prove an element of an offense charged or to enhance the punishment for the offense charged.