HB 1198 — Attorney General; instituting/conducting crim. prosecutions for certain violence against children.

SESSION INTRODUCEDHOUSE 22104338DSUBSTITUTE I22104934D HOUSE BILL NO.

1198 OfferedAMENDMENT JanuaryIN 17,THE 2022NATURE NOF A SUBSTITUTE (Proposed by the House Committee for Courts of Justice on February 7, 2022) (Patron Prior to Substitute––Delegate Bell) A BILL to amend and reenact § 2.2-511 of the Code of Virginia, relating to Attorney General;

TBe institutingit orenacted conductingby criminalthe pro––––––––––forGeneral Assembly of Virginia:r certain actsviolent ofcrimes violence.against children.

R1. Patrons––Bell, Austin, Ballard, Brewer, Cordoza, Fowler, Head, Hodges, Kilgore, LaRock, March, Morefield, Orrock, Tata, Taylor, Walker, Wiley, Williams and Wyatt O –––––––––– D Referred to Committee for Courts of Justice –––––––––– U Be it enacted by the General Assembly of Virginia:

C 1.

§ 2.2-511.

Criminal cases.

Unless specifically requested by the Governor to do so, the Attorney General shall have no authority to institute or conduct criminal prosecutions in the circuit courts of the Commonwealth except in cases involving (i) violations of the Alcoholic Beverage Control Act (§ 4.1-100 et seq.), (ii) violation of laws relating to elections and the electoral process as provided in § 24.2-104, (iii) violation of lawslawsn relating to motor vehicles and their operation, (iv) the handling of funds by a state bureau, institution, commission or department, (v) the theft of state property, (vi) violation of the criminal laws involving child pornography and sexually explicit visual material involving children and violations of criminal sexual assault under Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 when such crimes are committed against children, (vii) the practice of law without being duly authorized or licensed or the illegallocal practiceattorney for the Commonwealth, violations of law,the (viii)Virginia Computer Crimes Act (§ 18.2-152.1 etf the seq.), (x) with the concurrence of the local attorney for the Commonwealth, violations of §the 3.2-4212AEr Pollution Control Law (§ 18.2-7710.1-1300 et seq.), the Virginia Waste Management Act (§ 10.1-1400 et seq.), and the State Water Control Law (§ 62.1-44.2 et seq.), (xi) with the concurrence of the local attorney for the Commonwealth, violations of Chapters 2 (§ 18.2-18 et seq.), 3 (§ 18.2-22 et seq.), and 10 (§ 18.2-434 et seq.) of Title 18.218.2, whenif such crimes relate to violations of law listed in clauseS(x) of this by Medicaid providers or their employees in the course of doing business, or violations of Chapter 13s (§ 18.2-512 et seq.) of Title 18.2, in which cases the Attorney General may leave the prosecution isto requestedthe local attorney for the Commonwealth, or he may institute proceedings by information, presentment or indictment, as appropriate, and conduct the sheriffsame, (xiii) with the concurrence of the local attoSney for the Commonwealth, violations of Article 9 (§ 18.2-246.1 et seq.) of Chapter 6 of Title 18.2, (xiv) Tith the §§ 18.2-186.3 and 18.2-186.4, (xv) with the concurrence of the local attorney for the Commonwealth,of assisting in the prosecution of violations of § 18.2-46.2, 18.2-46.3, or chief18.2-46.5 when such violations are 36 committed on the grounds of policea investigatingstate correctional facility, and (xvi) with the violation:concurrence of thT local 37 attorney for the Commonwealth, assisting in the prosecution of violations of Article 10 (§ 18.2-246.6 et 38 seq.) of Chapter 6 of Title 18.2.

(a)U first39 andIn secondall degreeother murdercriminal andcases voluntary manslaughter under Article 1 (§ 18.2-30 et seq.) of Chapter 4, (b) mob-related felonies under Article 2 (§ 18.2-38 et seq.) of Chapter 4, (c) terrorism offenses under Article 2.218.2-46.4 et seq.) of Chapter 4, (d) crimina8 sexual assault punishable as a felony under Article 7 (§ 18.2-61 et seq.) of Chapter 4, or (e) arson in violationthe ofcircuit §courts, 18.2-77except whenwhere the structurelaw burnedprovides wasotherwise, occupiedThe oruntil a Classnotice 3 felony violation of §appeal 18.2-79,has (x)been withfiled the concurrence of the local attorney for the Commonwealth, violations of the Virginia Computer Crimes Act (§ 18.2-152.1 et seq.), (x) (xi) with the concurrenceclerk of the localcircuit attorneycourt Wastenoting Managementan Actappeal (§toEthe 10.1-1400Court et seq.), and the State Water Control Law (§ 62.1-44.2 et seq.),nia (xi) (xii) with the concurrence of theAppeals localor attorney for the Commonwealth,Supreme violationsCourt. of Chapters 2 (§ 18.2-18 et seq.), 3 (§ 18.2-22 et seq.), and 10 (§ 18.2-434 et seq.) of Title 18.2, if such crimes relate to violations of law listed in clause (x) (xi) of this subsection, (xii) (xiii) with the concurrence of the :

34In localall attorney for the Commonwealth, criminal violationscases bybefore Medicaid providers or their employees in 35 the courseCourt of doingAppeals business, or violationsthe ofSupreme ChapterCourt 13 (§ 18.2-512 et seq.) of Title 18.2, in which 36 cases the AttorneyCommonwealth Generalis maya leaveparty theor prosecutionis todirectly theinterested, local attorney for the Commonwealth,Attorney orGeneral heshall 37appear may institute proceedings by information, presentment or indictment, as appropriate, and conductrepresent the 9 (§ 18.2-246.1 et seq.) of Chapter 6 of Title 18.2, (xiv) (xv) with the concurrence of the local attorney for the Commonwealth, assistingunless, in the prosecution of violations of §§ 18.2-186.3 and 18.2-186.4, (xv) (xvi) with the concurrenceconsent of the localAttorney attorneyGeneral, for the Commonwealth, assisting in the prosecution of violations of § 18.2-46.2, 18.2-46.3, or 18.2-46.5 when such violations are committed on the grounds of a state correctional facility, and (xvi) (xvii) with the concurrence of the local attorney for the Commonwealth,Commonwealth assistingwho inprosecuted the prosecutionunderlying ofcriminal violationscase offiles Articlea 10notice (§ 18.2-246.6 et seq.) of Chapterappearance 6to ofrepresent TitletheB. 18.2.

The Attorney General shallshall, giveupon noticerequest toof thea localperson attorneywho forwas the Commonwealthvictim whereof sucha violationcrime occurredand ofsubject his intent to institutesuch orreasonable conductprocedures a criminal prosecution as providedthe byAttorney claInGeneral allmay otherrequire, criminalensure casesthat insuch theperson circuitis courts,given exceptnotice whereof the lawfiling, provides otherwise, the authority of the Attorneydate, Generaltime toand appearplace or participate in the proceedings shall not attach unless and until a notice of appeal has been filed with the clerkdisposition of theany circuitappeal courtor notinghabeaH ancorpus appealproceeding toinvolving the Courtcases ofin Appealswhich orsuch theperson Supremewas Court.a victim.

InFor all criminal cases before the Courtpurposes of Appealsthis orsectBon, the Supreme Court in which the Commonwealth is a partyvictim or is directlyan interested,individual thewho Attorneyhas Generalsuffered shallphysical, appearpsychological andor representeconomic theharm Commonwealth,as unless,a anddirect withresult the consent of the Attorneycommission General,of the attorney for the Commonwealth who prosecuted the underlying criminal case files a noticecrime; of appearance to represent the Commonwealth in any such appeal.

toa suchspouse, reasonablechild, proceduresparent asor thelegal Attorneyguardian General may require, ensure that such person is givent HB1198 2 of 2a noticeminor of the filing, of the date, time and place and of the disposition of any appeal or habeasincapacitate8 corpusvictim; proceeding involving the cases in which such person was a victim.

Forconfer theupon purposesany ofperson this section, a victimright isto anappeal individual who has suffered physical, psychological or economicmodify harmany asdecision in a directcriminal, resultappellate ofor thehabeas commissionshall ofcorpus aproceeding; crime;

a spouse, child, parent or legal guardian of a minor or incapacitated victim;

or a spouse, child, parent or legal guardian of a victim of a homicide.

Nothing in this subsection shall confer upon any person a right to appeal or modify any decision in a criminal, appellate or habeas corpus proceeding;