TITLE 15.2 COUNTIES, CITIES AND TOWNS
TITLE 15.2. COUNTIES, CITIES AND TOWNS; SUBTITLE I. GENERAL PROVISIONS;
CHARTERS; OTHER FORMS AND ORGANIZATION OF COUNTIES; CHAPTER 7. COUNTY
MANAGER PLAN OF GOVERNMENT; ARTICLE 2. GENERAL POWERS; COUNTY MANAGER
PLAN
§ 15.2-716. Referendum for establishment of department of real estate assessments;
board of equalization; general reassessments in county where department established
“The department of real estate assessments may require that the owners of
income-producing real estate in the county subject to local taxation, except
property producing income solely from the rental of no more than four dwelling
units, furnish to the department on or before a time specified by the director
of the department statements of the income and expenses attributable over a specified
period of time to each such parcel of real estate. Any statement required
by this section shall be kept confidential as required by § 58.1-3.”
TITLE 15.2. COUNTIES, CITIES AND TOWNS; SUBTITLE I. GENERAL PROVISIONS; CHARTERS;
OTHER FORMS AND ORGANIZATION OF COUNTIES; CHAPTER 7. COUNTY MANAGER PLAN OF GOVERNMENT;
ARTICLE 2. GENERAL POWERS; COUNTY MANAGER PLAN
§ 15.2-722. Personnel studies
“Notwithstanding any other provision of law to the contrary, any questionnaires,
audit or interview notes, scoring keys, scoring sheets or similar documents pertaining
to a classification and compensation study for county employees shall not be
considered to be public or official records, except that any employee may inspect
and copy any document which the employee has signed or filled out.”
TITLE 15.2. COUNTIES, CITIES AND TOWNS; SUBTITLE II. POWERS OF LOCAL GOVERNMENT;
CHAPTER 9. GENERAL POWERS OF LOCAL GOVERNMENTS; ARTICLE 5. ADDITIONAL POWERS
§ 15.2-963. Local offices of consumer affairs; establishment; powers and
duties
“To maintain records of consumer complaints and their eventual disposition,
provided that records disclosing that business interests of any person, trade
secrets, or the names of customers shall be held confidential except to the extent
that disclosures of such matters may be necessary for the enforcement of laws.
A copy of all periodic reports compiled by any local office of consumer affairs
shall be filed with the Department of Agriculture and Consumer Services.”
TITLE 15.2. COUNTIES, CITIES AND TOWNS; SUBTITLE II. POWERS OF LOCAL GOVERNMENT;
CHAPTER 27. LOCAL GOVERNMENT GROUP SELF-INSURANCE POOLS; ARTICLE 7. MISCELLANEOUS
§ 15.2-2708. Exemptions from disclosure
“Information regarding that portion of the funds or liability reserve of
a pool established for purposes of satisfying a specific pending and unresolved
claim or cause of action shall be exempt from disclosure under the Virginia Freedom
of Information Act (§ 2.2-3700 et seq.).”
TITLE 15.2. COUNTIES, CITIES AND TOWNS; SUBTITLE III. BOUNDARY ADJUSTMENTS AND
CHANGES OF STATUS OF COUNTIES, CITIES AND TOWNS; CHAPTER 29. COMMISSION ON LOCAL
GOVERNMENT
§ 15.2-2907. Actions for annexation, immunity, establishment of city, etc.;
investigations and reports by Commission; negotiation
“Except for any hearing or meeting specifically required by law, §2.2-3700
et seq [the Virginia Freedom of Information Act] shall not be applicable to the
Commission nor meetings convened by members of the Commission, its employees,
or by its designated mediators with local governing bodies or members thereof,
nor shall such chapter be applicable to meetings of local governing bodies, or
members thereof, held for purpose of negotiating any issues which are or would
be subject to the Commission’s review.”
TITLE 15.2. COUNTIES, CITIES AND TOWNS; SUBTITLE IV. OTHER GOVERNMENTAL ENTITIES;
CHAPTER 45. TRANSPORTATION DISTRICT ACT OF 1964; ARTICLE 3. INCORPORATION OF
DISTRICT; CREATION, ORGANIZATION, ETC. OF COMMISSION
§ 15.2-4511. Meetings of commission
“Regular meetings of the commission shall be held at least once every month
at such time and place as the commission shall from time to time prescribe. Special
meetings of the commission shall be held upon mailed notice, or actual notice
otherwise given, to each commission member upon call of the chairman or any two
commission members, at such time and in such place within the district as such
notice may specify, or at such other time and place with or without notice as
all commission members may expressly approve. All regular and special meetings
of the commission shall be open to the public, but the public shall not be entitled
to any notice other than provided herein. Unless a meeting is called for the
purpose of a public hearing, members of the public shall have no right to be
heard or otherwise participate in the proceedings of the meeting, except to the
extent the chairman may in specific instances grant. All commission records shall
be public records.”
TITLE 16.1 COURTS NOT OF RECORD
TITLE 16.1. COURTS NOT OF RECORD; CHAPTER 10. VIRGINIA JUVENILE
JUSTICE INFORMATION SYSTEM; ARTICLE 2. PROCEDURE IN CRIMINAL CASES
§ 16.1-223. Receipt, etc., of data; forms for reports; confidentiality
“A. The Virginia Juvenile Justice Information System shall receive, classify
and file data reported to it pursuant to § 16.1-224. The Director is authorized
to prepare and furnish to all court service personnel automated data processing
equipment, which shall be used for making the data submissions.
B. Data stored in the Virginia Juvenile Justice Information System shall be confidential, and information from such data that may be used to identify a juvenile may be released only in accordance with §16.1-300.
The data submissions may be made available to the Central Criminal Records Exchange or any other automated data processing system, unless the data is identifiable with a particular juvenile. The State Board of Juvenile Justice shall promulgate regulations governing the security and confidentiality of the data submission. “
TITLE 16.1. COURTS NOT OF RECORD; CHAPTER 11. JUVENILE AND DOMESTIC
RELATIONS DISTRICT COURTS; ARTICLE 9. DISPOSITION
§ 16.1-287. Transfer of information upon commitment; information to be furnished
by and to local school boards
“Whenever the court commits a child to the Department of Juvenile Justice,
or to any other institution or agency, it shall transmit with the order of commitment
copies of the clinical reports, predisposition study and other information it
has pertinent to the care and treatment of the child. The Department shall not
be responsible for any such committed child until it has received the court order
and the information concerning the child. All local school boards shall be required
to furnish the Department promptly with any information from their files that
the Department deems to be necessary in the classification, evaluation, placement
or treatment of any child committed to the Department. The Department shall likewise
be required to furnish local school boards academic, and career and technical
education and related achievement information promptly from its files that the
local school board may deem necessary when children are returned to the community
from the Department’s care. The Department and other institutions or agencies
shall give to the court such information concerning the child as the court at
any time requires. All such information shall be treated as confidential. “
TITLE 16.1. COURTS NOT OF RECORD; CHAPTER 11. JUVENILE AND DOMESTIC
RELATIONS DISTRICT COURTS; ARTICLE 11. APPEAL
§ 16.1-296. Jurisdiction of appeals; procedure
“Upon receipt of notice of such appeal the juvenile court shall forthwith
transmit to the attorney for the Commonwealth a report incorporating the results
of any investigation conducted pursuant to § 16.1-273, which shall be confidential
in nature and made available only to the court and the attorney for the defendant
(i) after the guilt or innocence of the accused has been determined or (ii) after
the court has made its findings on the issues subject to appeal.”
TITLE 16.1. COURTS NOT OF RECORD; CHAPTER 11. JUVENILE AND DOMESTIC RELATIONS
DISTRICT COURTS; ARTICLE 12. CONFIDENTIALITY AND EXPUNGEMENT
§ 16.1-300. Confidentiality of Department records
“The social, medical, psychiatric and psychological reports and records
of children who are or have been (i) before the court, (ii) under supervision,
or (iii) receiving services from a court service unit or who are committed to
the Department of Juvenile Justice shall be confidential and shall be open for
inspection only to the following:
1. The judge, prosecuting attorney, probation officers and professional staff
assigned to serve a court having the child currently before it in any proceeding;
2. Any public agency, child welfare agency, private organization, facility or
person who is treating the child pursuant to a contract with the Department;
3. The child’s parent, guardian, legal custodian or other person standing in
loco parentis and the child’s attorney; 4. Any person who previously has been
a ward of the Department and who has reached the age of majority and requests
access to his own records or reports; 5. Any state agency providing funds to
the Department of Juvenile Justice and required by the federal government to
monitor or audit the effectiveness of programs for the benefit of juveniles which
are financed in whole or in part by federal funds; 6. Any other person, agency
or institution, by order of the court, having a legitimate interest in the case
or in the work of the court; 7. Any person, agency, organization or institution
outside the Department which, at the Department’s request, is conducting research
or evaluation on the work of the Department or any of its divisions.
A designated individual treating or responsible for the treatment of a person
who was previously a ward of the Department may inspect such reports and records
as are kept by the Department on such person or receive copies thereof, when
the person who is the subject of the reports and records or his parent, guardian,
legal custodian or other person standing in loco parentis if the person is under
the age of eighteen, provides written authorization to the Department prior to
the release of such reports and records for inspection or copying to the designated
individual.”
§16.1-305 states the same thing in regard to the confidentiality of court
records of juveniles.
TITLE 16.1. COURTS NOT OF RECORD; CHAPTER 11. JUVENILE AND DOMESTIC RELATIONS
DISTRICT COURTS; ARTICLE 12. CONFIDENTIALITY AND EXPUNGEMENT
§ 16.1-301(A). Confidentiality of law-enforcement records
“A. The court shall require all law-enforcement agencies to take special
precautions to ensure that law-enforcement records concerning a juvenile are
protected against disclosure to any unauthorized person. The police departments
of the cities of the Commonwealth, and the police departments or sheriffs of
the counties, as the case may be, shall keep separate records as to violations
of law other than violations of motor vehicle laws committed by juveniles. Such
records with respect to such juvenile shall not be open to public inspection
nor their contents disclosed to the public unless a juvenile fourteen years of
age or older is charged with a violent juvenile felony as specified in subsections
B and C of § 16.1-269.1. Notwithstanding any other provision of law, the
chief of police or sheriff of a jurisdiction or his designee may disclose, for
the protection of the juvenile, his fellow students and school personnel, to
the school principal that a juvenile is a suspect in or has been charged with
(i) a violent juvenile felony, as specified in subsections B and C of § 16.1-269.1;
(ii) a violation of any of the provisions of Article 1 (§ 18.2-77 et seq.)
of Chapter 5 of Title 18.2; or (iii) a violation of law involving any weapon
as described in subsection A of § 18.2-308.”
TITLE 16.1. COURTS NOT OF RECORD; CHAPTER 11. JUVENILE AND DOMESTIC
RELATIONS DISTRICT COURTS; ARTICLE 12. CONFIDENTIALITY AND EXPUNGEMENT
§ 16.1-302. Dockets, indices and order books; when hearings and records
private; right to public hearing; presence of juvenile in court
“The general public shall be excluded from all juvenile court hearings and
only such persons admitted as the judge shall deem proper. However, proceedings
in cases involving an adult charged with a crime and hearings held on a petition
or warrant alleging that a juvenile fourteen years of age or older committed
an offense which would be a felony if committed by an adult shall be open. Subject
to the provisions of subsection D for good cause shown, the court may, sua sponte
or on motion of the accused or the attorney for the Commonwealth close the proceedings.
If the proceedings are closed, the court shall state in writing its reasons and
the statement shall be made a part of the public record.”
TITLE 16.1. COURTS NOT OF RECORD; CHAPTER 11. JUVENILE AND DOMESTIC RELATIONS
DISTRICT COURTS; ARTICLE 12. CONFIDENTIALITY AND EXPUNGEMENT
§ 16.1-303. Reports of court officials and employees when privileged
“All information obtained in discharge of official duties by any official
or by any employee of the court shall be privileged, and shall not be disclosed
to anyone other than the judge unless and until otherwise ordered by the judge
or by the judge of a circuit court; provided, however, that in any case when
such information shall disclose that an offense has been committed which would
be a felony if committed by an adult, it shall be the duty of the official or
employee of the court obtaining such information to report the same promptly
to the attorney for the Commonwealth or the police in the county, city or town
where the offense occurred. It shall not be deemed a violation of this section
if the disclosed information is otherwise available to the public.”
TITLE 16.1. COURTS NOT OF RECORD; CHAPTER 11. JUVENILE AND DOMESTIC RELATIONS
DISTRICT COURTS; ARTICLE 12. CONFIDENTIALITY AND EXPUNGEMENT
§ 16.1-309. Penalty
“Except as provided in § § 16.1-299, 16.1-300, 16.1-301, 16.1-305
and 16.1-307, any person who (i) files a petition, (ii) receives a petition or
has access to court records in an official capacity, (iii) participates in the
investigation of allegations which form the basis of a petition, (iv) is interviewed
concerning such allegations and whose information is derived solely from such
interview or (v) is present during any court proceeding, who discloses or makes
use of or knowingly permits the use of identifying information not otherwise
available to the public concerning a juvenile who is suspected of being or is
the subject of a proceeding within the jurisdiction of the juvenile court pursuant
to subdivisions 1 through 5 of subsection A of § 16.1-241 or who is in the
custody of the State Department of Juvenile Justice, which information is directly
or indirectly derived from the records or files of a law-enforcement agency,
court or the Department of Juvenile Justice or acquired in the course of official
duties, shall be guilty of a Class 3 misdemeanor. The provisions of this section
shall not apply to any law-enforcement officer or school employee who discloses
to school personnel identifying information concerning a juvenile who is suspected
of committing or has committed a delinquent act that has met applicable criteria
of § 16.1-260 and is committed or alleged to have been committed on school
property during a school-sponsored activity or on the way to or from such activity,
if the disclosure is made solely for the purpose of enabling school personnel
to take appropriate disciplinary action within the school setting against the
juvenile. Further, the provisions of this section shall not apply to school personnel
who disclose information obtained pursuant to § § 16.1-305.1 and 22.1-288.2,
if the disclosure is made solely to enable school personnel to take appropriate
actions within the school setting with regard to the juvenile or another student.”
TITLE 16.1. COURTS NOT OF RECORD; CHAPTER 11. JUVENILE AND DOMESTIC RELATIONS
DISTRICT COURTS; ARTICLE 14.1. SERIOUS OR HABITUAL OFFENDER COMPREHENSIVE ACTION
PROGRAM
§ 16.1-330.1. Definition; establishment of program; disclosure of information;
penalty
“All records and reports concerning serious or habitual juvenile offenders
made available to members of a SHOCAP committee and all records and reports identifying
an individual offender which are generated by the committee from such reports
shall be confidential and shall not be disclosed, except as specifically authorized
by this article or other applicable law. Disclosure of the information may be
made to other staff from member agencies as authorized by the SHOCAP committee
for the furtherance of case management, community supervision, conduct control
and locating of the offender for the application and coordination of appropriate
services. Staff from the member agencies who receive such information will be
governed by the confidentiality provisions of this article. The staff from the
member agencies who will qualify to have access to the SHOCAP information shall
be limited to those individuals who provide direct services to the offender or
who provide community conduct control and supervision to the offender. The provisions
of this article authorizing information sharing between and among SHOCAP committees
shall take precedence over the provisions of (i) Article 12 (§ 16.1-299
et seq.) of Chapter 11 of this title governing dissemination of court and law-enforcement
records concerning juveniles, (ii) Article 5 (§ 22.1-287 et seq.) of Chapter
14 of Title 22.1 governing access to pupil records, (iii) Title 37.1 and any
regulations enacted pursuant thereto governing access to juvenile mental health
records, and (iv) Title 63.1 and any regulations enacted pursuant thereto governing
access to records concerning treatments or services provided to a juvenile.”
TITLE 16.1. COURTS NOT OF RECORD; CHAPTER 11. JUVENILE AND DOMESTIC RELATIONS
DISTRICT COURTS; ARTICLE 16. PSYCHIATRIC INPATIENT TREATMENT OF MINORS ACT
§ 16.1-344. Involuntary commitment; hearing
“The court shall summon to the hearing all material witnesses requested
by either the minor or the petitioner. All testimony shall be under oath. The
rules of evidence shall apply; however, the evaluator’s report required by § 16.1-342
shall be admissible into evidence by stipulation of the parties. The petitioner,
minor and, with leave of court for good cause shown, any other person shall be
given the opportunity to present evidence and cross-examine witnesses. The hearing
shall be closed to the public unless the minor and petitioner request that it
be open.”
TITLE 17.1. COURTS OF RECORD; CHAPTER 9 JUDICIAL INQUIRY AND
REVIEW COMMISSION
§ 17.1-913. Confidentiality of papers and proceedings
“All papers filed with and proceedings before the Commission, and under §§ 17.1-909
and 17.1-910, including the identification of the subject judge as well as all
testimony and other evidence and any transcript thereof made by a reporter, shall
be confidential and shall not be divulged, other than to the Commission, by any
person who (i) either files a complaint with the Commission, or receives such
complaint in an official capacity; (ii) investigates such complaint; (iii) is
interviewed concerning such complaint by a member, employee or agent of the Commission;
or (iv) participates in any proceeding of the Commission or in the official recording
or transcription thereof, except that the record of any proceeding filed with
the Supreme Court shall lose its confidential character. However, if the Commission
finds cause to believe that any witness under oath has willfully and intentionally
testified falsely, the Commission may direct the chairman or one of its members
to report such finding and the details leading thereto including any transcript
thereof to the attorney for the Commonwealth of the city or county where such
act occurred for such disposition as to a charge of perjury as the Commonwealth
may be advised. In any subsequent prosecution for perjury based thereon, the
proceedings before the Commission relevant thereto shall lose their confidential
character.
“All records of proceedings before the Commission which are not filed with the Supreme Court in connection with a formal complaint filed with that tribunal, shall be kept in the confidential files of the Commission.
“However, a judge who is under investigation by the Commission, or any person authorized by him, may divulge information pertaining to a complaint filed against such judge as may be necessary for the judge to investigate the allegations in the complaint in preparation for the proceedings before the Commission. “
TITLE 18.2. CRIMES AND OFFENSES GENERALLY; CHAPTER 4. CRIMES
AGAINST THE PERSON; ARTICLE 7. CRIMINAL SEXUAL ASSAULT
§ 18.2-62(C). Testing of certain persons for human immunodeficiency virus
“C. Confirmatory tests shall be conducted before any test result shall be
determined to be positive. The results of the tests for infection with human
immunodeficiency virus shall be confidential as provided in § 32.1-36.1;
however, the Department of Health shall also disclose the results to any victim
and offer appropriate counseling as provided by subsection B of § 32.1-37.2.
The Department shall conduct surveillance and investigation in accordance with § 32.1-39. ” §18.2-346-1
states the same thing in regard to the testing of convicted prostitutes for infection
with HIV.
TITLE 18.2. CRIMES AND OFFENSES GENERALLY; CHAPTER 7. CRIMES INVOLVING
HEALTH AND SAFETY; ARTICLE 5. UNIFORM MACHINE GUN ACT
§ 18.2-295. Registration of machine guns
“Every machine gun in this Commonwealth shall be registered with the Department
of State Police within twenty-four hours after its acquisition or, in the case
of semi-automatic weapons which are converted, modified or otherwise altered
to become machine guns, within twenty-four hours of the conversion, modification
or alteration. To comply with this section the application as filed shall
be notarized and shall show the model and serial number of the gun, the name,
address and occupation of the person in possession, and from whom and the purpose
for which, the gun was acquired or altered. Registration data shall not
be subject to inspection by the public.”
TITLE 18.2. CRIMES AND OFFENSES GENERALLY; CHAPTER 8. CRIMES INVOLVING MORALS
AND DECENCY; ARTICLE 1.1:1. CHARITABLE GAMING
§ 18.2-340.19(2). Regulations of the Commission
The Commission “2. Require[s] the organization to have at least fifty percent
of its membership consist of residents of the Commonwealth and specify the conditions
under which a complete list of the organization’s members who participate in
the management, operation or conduct of charitable gaming may be required in
order for the Commission to ascertain the percentage of Virginia residents; however,
if an organization (i) does not consist of bona fide members and (ii) is exempt
under § 501 (c) (3) of the United States Internal Revenue Code, the Commission
shall exempt such organizations from the regulations adopted pursuant to this
subdivision.
Membership lists furnished to the Commission in accordance with this subdivision shall not be a matter of public record and shall be exempt from disclosure under the provisions of the Freedom of Information Act (§ 2.2-3700 et seq.).
TITLE 18.2. CRIMES AND OFFENSES GENERALLY; CHAPTER 8. CRIMES INVOLVING MORALS
AND DECENCY; ARTICLE 1.1:1. CHARITABLE GAMING
§ 18.2-340.34. Suppliers of charitable gaming supplies; registration; qualification;
suspension, revocation or refusal to renew certificate; maintenance, production,
and release of records
This provision discusses suppliers of charitable gaming supplies and what information
they need to provide to the Commission. “All documents and other information
of a proprietary nature furnished to the Commission in accordance with this subsection
shall not be a matter of public record and shall be exempt from disclosure under
the provisions of the Freedom of Information Act (§ 2.2-3700 et seq.).”
TITLE 18.2. CRIMES AND OFFENSES GENERALLY; CHAPTER 8. CRIMES INVOLVING MORALS
AND DECENCY; ARTICLE 3. SEXUAL OFFENSES, PROSTITUTION, ETC
§ 18.2-346.1. Testing of convicted prostitutes for infection with human
immunodeficiency virus
“As soon as practicable following conviction of any person for violation
of § 18.2-346 or § 18.2-361, such person shall be required to submit
to testing for infection with human immunodeficiency virus. Tests shall
be conducted to confirm any initial positive test results before any test result
shall be determined to be positive for infection. The results of such test shall
be confidential as provided in § 32.1-36.1 and shall be disclosed to the
person who is the subject of the test and to the Department of Health as required
by § 32.1-36.”
TITLE 19.2. CRIMINAL PROCEDURE; CHAPTER 6. INTERCEPTION OF WIRE,
ELECTRONIC OR ORAL COMMUNICATIONS
§ 19.2-67. Disclosure of information obtained by authorized means
“A. Any investigative or law-enforcement officer, or police officer of a
county or city, who, by any means authorized by this chapter, has obtained knowledge
of the contents of any wire, electronic or oral communication, or evidence derived
therefrom, may disclose such contents to another investigative or law-enforcement
officer, or police officer of a county or city, to the extent that such disclosure
is appropriate to the proper performance of the official duties of the officer
making or receiving the disclosure.
B. Any investigative or law-enforcement officer or police officer of a county
or city, who, by any means authorized by this chapter, has obtained knowledge
of the contents of any wire, electronic or oral communication or evidence derived
therefrom may use such contents to the extent such use is appropriate to the
proper performance of his official duties.
C. Any person who has received, by any means authorized by this chapter, any
information concerning a wire, electronic or oral communication, or evidence
derived therefrom intercepted in accordance with the provisions of this chapter
may disclose the contents of that communication or such derivative evidence while
giving testimony under oath or affirmation in any criminal proceeding for an
offense specified in § 19.2-66, or any conspiracy or attempt to commit the
same, in any court of the United States or of any state or in any federal or
state grand jury proceeding.
D. No wire, electronic or oral communication which is a privileged communication
between the parties to the conversation which is intercepted in accordance with,
or in violation of, the provisions of this chapter shall lose its privileged
character, nor shall it be disclosed or used in any way.
E. When an investigative or law-enforcement officer, or police officer of a county
or city, while engaged in intercepting wire, electronic or oral communications
in the manner authorized herein, or observing or monitoring such interception
intercepts, observes or monitors wire, electronic or oral communications relating
to offenses other than those specified in the order of authorization, the contents
thereof, and evidence derived therefrom, shall not be disclosed or used as provided
in subsections A, B and C of this section, unless such communications or derivative
evidence relates to a felony, in which case use or disclosure may be made as
provided in subsections A, B and C of this section. Such use and disclosure pursuant
to subsection C of this section shall be permitted only when approved by a judge
of competent jurisdiction where such judge finds, on subsequent application,
that such communications were otherwise intercepted in accordance with the provisions
of this chapter. Violations of this subsection E shall be punishable as provided
in § 19.2-62.”
TITLE 19.2. CRIMINAL PROCEDURE; CHAPTER 6. INTERCEPTION OF WIRE, ELECTRONIC OR
ORAL COMMUNICATIONS
§ 19.2-68. Application for and issuance of order authorizing interception;
contents of order; recording and retention of intercepted communications, applications
and orders; notice to parties; introduction in evidence of information obtained
“Each application for an order authorizing the interception of a wire, electronic
or oral communication shall be made in writing upon oath or affirmation to the
appropriate judge of competent jurisdiction and shall state the applicant’s authority
to make such application. Applications made and orders granted or denied
under this chapter shall be sealed by the judge. Custody of the applications
and orders shall be wherever the judge directs. Such applications and orders
shall be disclosed only upon a showing of good cause before a judge of competent
jurisdiction and shall not be destroyed except on order of the issuing or denying
judge, and in any event shall be kept for ten years.”
TITLE 19.2. CRIMINAL PROCEDURE; CHAPTER 9. BAIL AND RECOGNIZANCES; ARTICLE 1.
BAIL
§ 19.2-123(B). Release of accused on unsecured bond or promise to appear;
conditions of release
In any jurisdiction where there is a pretrial service agency that provides a
drug testing program, any person charged with the crime can be requested to give
a urine sample. “B…This sample may be analyzed for the presence of phencyclidine
(PCP), barbiturates, cocaine, opiates or such other drugs as the agency may deem
appropriate prior to any hearing to establish bail. All test results shall
be confidential with access thereto limited to judicial officers, the attorney
for the Commonwealth, defense counsel and, in cases where a juvenile is tested,
the parents or legal guardian or custodian of such juvenile.”
TITLE 19.2. CRIMINAL PROCEDURE; CHAPTER 13. GRAND JURIES; ARTICLE 1. IN GENERAL
§ 19.2-192. Secrecy in grand jury proceedings
“Except as otherwise provided in this chapter, every member of a regular
or special grand jury shall keep secret all proceedings which occurred during
sessions of the grand jury; provided, however, in a prosecution for perjury of
a witness examined before a regular grand jury, a regular grand juror may be
required by the court to testify as to the testimony given by such witness before
the regular grand jury.”
TITLE 19.2. CRIMINAL PROCEDURE; CHAPTER 13. GRAND JURIES; ARTICLE 3. SPECIAL
GRAND JURIES
§ 19.2-213. Report by special grand jury; return of true bill
“At the conclusion of its investigation and deliberation, a special grand
jury impanelled by the court on its own motion or on recommendation of a regular
grand jury shall file a report of its findings with the court, including therein
any recommendations that it may deem appropriate, after which it shall be discharged.
Such report shall be sealed and not open to public inspection, other than by
order of the court.”
TITLE 19.2. CRIMINAL PROCEDURE; CHAPTER 13. GRAND JURIES; ARTICLE
4. MULTI-JURISDICTION GRAND JURIES
§ 19.2-215.4. Number and qualifications of jurors; grand jury list; when
convened; compensation of jurors
“The provisions of § 19.2-192 dealing with secrecy in grand jury proceedings
are incorporated herein by reference.”
TITLE 19.2. CRIMINAL PROCEDURE; CHAPTER 13. GRAND JURIES; ARTICLE 4. MULTI-JURISDICTION
GRAND JURIES
§ 19.2-215.9. Court reporter provided; safekeeping of transcripts, notes,
etc.; when disclosure permitted; access to record of testimony and evidence
” The presiding judge shall cause the notes, tapes and transcriptions or
other evidence to be kept safely. Upon motion to the presiding judge, special
counsel shall be permitted to review any of the evidence which was presented
to the multi-jurisdiction grand jury, and shall be permitted to make notes and
to duplicate portions of the evidence as he deems necessary for use in a criminal
investigation or proceeding. Special counsel shall maintain the secrecy of all
information obtained from a review or duplication of the evidence presented to
the multi-jurisdiction grand jury, except that this information may be disclosed
pursuant to the provisions of subdivision 2 of § 19.2-215.1.”
TITLE 19.2. CRIMINAL PROCEDURE; CHAPTER 18. SENTENCE; JUDGMENT; EXECUTION OF
SENTENCE; ARTICLE 1. GENERAL PROVISIONS
§ 19.2-299(A). Investigations and reports by probation officers in certain
cases
When a person is tried in a circuit court (i) for assault and battery, stalking,
sexual battery, attempted sexual battery, maiming or driving while intoxicated
in violation and is adjudged guilty of such charge, the court may, or on motion
of the defendant shall, or (ii) upon a felony charge, the court may direct a
probation officer of such court to thoroughly investigate and report upon the
history of the accused, including a report of the accused’s criminal record
as an adult and available juvenile court records, and all other relevant facts,
to fully advise the court so the court may determine the appropriate sentence
to be imposed. “The report of the investigating officer shall at
all times be kept confidential by each recipient, and shall be filed as a part
of the record in the case.”
TITLE 19.2. CRIMINAL PROCEDURE; CHAPTER 18. SENTENCE; JUDGMENT; EXECUTION OF
SENTENCE; ARTICLE 1. GENERAL PROVISIONS
§ 19.2-299.1. When Victim Impact Statement required; contents; uses
The presentence report prepared pursuant to § 19.2-299 includes a Victim
Impact Statement. The Victim Impact Statement includes the identity of the victim,
his/her economic loss and physical and psychological injuries suffered as a result
of the offense, details of change in lifestyle as a result of the offense, requests
for medical services initiated as a result of the offense, and anything else
the court requests. “A Victim Impact Statement shall be kept confidential
and shall be sealed upon entry of the sentencing order.”
TITLE 19.2. CRIMINAL PROCEDURE; CHAPTER 21.1. COMPENSATING VICTIMS OF CRIME;
ARTICLE 6. RELIEF FROM FINES AND PENALTIES
§ 19.2-368.3. Powers and duties of Commission
The Commission may obtain information and data from the police, district courts,
and the Chief Medical Examiner. “The use of any information received by
the Commission pursuant to this subdivision shall be limited to carrying out
the purposes set forth in this section, and this information shall be confidential
and shall not be disseminated further. The agency from which the information
is requested may submit original reports, portions thereof, summaries, or such
other configurations of information as will comply with the requirements of this
section.”
TITLE 19.2. CRIMINAL PROCEDURE; CHAPTER 21.1. COMPENSATING VICTIMS OF CRIME;
ARTICLE 6. RELIEF FROM FINES AND PENALTIES
§ 19.2-368.6. Assignment of claims; investigation; hearing; confidentiality
of records; decisions
“The hearing of any claim involving a claimant or victim who is a juvenile
shall be closed. All records, papers, and reports involving such claim shall
be confidential except as to the amount of the award and nonidentifying information
concerning the claimant or victim.”
TITLE 19.2. CRIMINAL PROCEDURE; CHAPTER 21.1. COMPENSATING VICTIMS OF CRIME;
ARTICLE 6. RELIEF FROM FINES AND PENALTIES
§ 19.2-368.14. Public record; exception
“Except as provided in § 19.2-368.6 concerning juvenile claimants or
victims, the record of any proceedings under this chapter shall be a public record;
provided, however, that any record or report obtained by the Commission, the
confidentiality of which is protected by any other law or regulation, shall remain
confidential, subject to such law or regulation.”
TITLE 19.2. CRIMINAL PROCEDURE; CHAPTER 23.1. EXPUNGEMENT OF CRIMINAL RECORDS
§ 19.2-392.3. Disclosure of expunged records
“It shall be unlawful for any person having or acquiring access to an expunged
court or police record to open or review it or to disclose to another person
any information from it without an order from the court which ordered the record
expunged. Upon a verified petition filed by the attorney for the Commonwealth
alleging that the record is needed by a law-enforcement agency for purposes of
employment application as an employee of a law-enforcement agency or for a pending
criminal investigation and that the investigation will be jeopardized or that
life or property will be endangered without immediate access to the record, the
court may enter an ex parte order, without notice to the person, permitting such
access. An ex parte order may permit a review of the record, but may not permit
a copy to be made of it. Any person who willfully violates this section is guilty
of a Class 1 misdemeanor.”
TITLE 20. DOMESTIC RELATIONS; CHAPTER 9. STATUS OF CHILDREN OF
ASSISTED CONCEPTION; ARTICLE 12. MISCELLANEOUS PROVISIONS
§ 20-160. Petition and hearing for court approval of surrogacy contract;
requirements; orders
“Prior to the performance of assisted conception, the intended parents,
the surrogate, and her husband shall join in a petition to the circuit court
of the county or city in which at least one of the parties resides. All
hearings and proceedings conducted under this section shall be held in camera,
and all court records shall be confidential and subject to inspection only under
the standards applicable to adoptions as provided in § 63.1-235.”