Discovery materials or evidence; allows accused to request the Commonwealth to copy or photograph.
Summary
Discovery. Requires the Commonwealth, upon request of 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, and body-worn camera footage, and requires the Commonwealth to provide such copies or photographs, electronically or otherwise, to the accused or his counsel, unless such material is prohibited from being distributed by law or impossible to provide by electronic means. The bill requires the attorney for the Commonwealth in any district court to provide to counsel of record for the accused, if requested, by electronic means a copy of any police report at least 10 days prior to the date the case is set for trial or preliminary hearing, provided that counsel of record agrees to any reasonable redaction or restricted dissemination as requested by the attorney for the Commonwealth. As introduced, this bill was a recommendation of the Virginia Indigent Defense Commission. This bill is identical to SB 963.
Bill status
vetoed
4 of 5 stages cleared
Introduction
Jan 2025
Committee Review
Feb 2025
House of Delegates Passage
Apr 2025
Senate Passage
Mar 2025
Vetoed
May 2025
Introduced Jan 3, 2025
Vetoed May 2, 2025
Maddy AI version diff · 2 comparisons
What changed between versions
Courts of Justice Substitute
→
Enrolled
·
4 edits
·
Mar 10, 2025
MODERATE
This bill finalizes a change to Virginia's discovery laws by adding a new section on electronic discovery and amending an existing section on the duty to disclose evidence. The new section mandates that police reports be shared electronically with defense attorneys at least 10 days before trial or a preliminary hearing, unless a physical copy is requested or legal restrictions apply. The amended section clarifies that the attorney for the Commonwealth has a continuing duty to provide all relevant evidence, including body-worn camera footage, and gives judges specific powers to punish non-compliance.
Scope change
The bill expands the scope by adding a specific requirement for electronic sharing of police reports and by explicitly including body-worn camera footage in the list of discoverable materials.
REQUIREMENT
Added a new requirement that police reports must be provided electronically to defense counsel at least 10 days before trial or a preliminary hearing, unless a physical copy is requested or prohibited by law.
Explicitly included body-worn camera footage in the list of materials the accused may request copies of from the Commonwealth.
Modified the timing for providing police reports to include a preliminary hearing and added a provision allowing for reasonable redaction of sensitive information before disclosure.
ENFORCEMENT
Added specific court powers to address failures to provide discovery, including ordering continuances, prohibiting the introduction of undisclosed evidence, or granting other appropriate remedies.
Floor votes · Senate Feb 19, 2025 · House of Delegates Jan 30, 2025
How they voted
40–0
Passed
Total votes 40
Feb 19, 2025
D
Democratic21
100% Yea
R
Republican19
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
38
Key actions
10
Committee
7
May 2, 2025
Vetoed
Vetoed by Governor
executive
Apr 2, 2025
Lower · Passed
Passed by for the day (47-Y 46-N)
lower
Mar 24, 2025
Vetoed
Governor's recommendation received by House
executive
Mar 10, 2025
Upper · Passed
Signed by President
upper
Mar 7, 2025
Lower · Passed
Signed by Speaker
lower
Feb 20, 2025
Upper · Passed
Passed Senate with substitute (39-Y 0-N)
upper
Feb 19, 2025
Upper · Passed
Passed by for the day
upper
Feb 17, 2025
Upper · Passed
Reported from Finance and Appropriations (14-Y 0-N)
upper
Feb 10, 2025
Upper · Passed
Reported from Courts of Justice with substitute and rereferred to Finance and Appropriations (12-Y 1-N)
upper
Jan 31, 2025
Committee
Referred to Committee for Courts of Justice
upper
Jan 30, 2025
Lower · Passed
Read third time and passed House (88-Y 6-N)
lower
Jan 24, 2025
Lower · Passed
Reported from Courts of Justice with substitute (20-Y 2-N)
lower
Jan 22, 2025
Lower · Passed
Subcommittee recommends reporting with amendment(s) (7-Y 1-N)
lower
Jan 21, 2025
Committee
Assigned Courts sub: Criminal
lower
Jan 3, 2025
Committee
Referred to Committee for Courts of Justice
lower
1 primary · 5 co-sponsors
Sponsors
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