SB 1259 — Criminal appeals; duties of the Attorney General and attorney for the Commonwealth.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2023 SESSION CHAPTER E315 An Act to amend and reenact §§ 2.2-511, 15.2-1627, 17.1-406, 19.2-402, and 19.2-404 of the Code of Commonwealth.atingVirginia, relating to criminal appeals;

duties of the Attorney General and attorney for the RCommonwealth. O [S 1259] L Approved L Be it enacted by the General Assembly of Virginia:

E[S 1.1259] Approved March 23, 2023 Be it enacted by the General Assembly of Virginia:

That1. §§ 2.2-511, 15.2-1627, 17.1-406, 19.2-402, and 19.2-404 of the Code of Virginia are D ame§ 2.2-511.

CriminalThat cases.ows:§§ 2.2-511, 15.2-1627, 17.1-406, 19.2-402, and 19.2-404 of the Code of Virginia are amended and reenacted as follows:

§ 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 Bnvolvinginvolving child pornography and sexually explicit visual material involving children, (vii) the practice 2fof law without being duly authorized or licensed or the illegal practice of law, (viii) violations of § 3.2-4212 or 58.1-1008.2, (ix) with the concurrence of the local attorney for the Commonwealth, violations o9of the-4212the or Virginia Computer Crimes Act (§ 18.2-152.1 et seq.), (x) with the concurrence of the local attorney for the Commonwealth, violations of the Air Pollution Control Law (§ 10.1-1300 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 18.2, if such crimes relate to violations of law listed in clause (x) of this subsection, (xii) with the concurrence of the local attorney for the Commonwealth, criminal violations by Medicaid providers or their employees in the course of doing business, or violations of Chapter 13 (§ 18.2-512 et seq.) of Title 18.2, in which cases the Attorney General may leave the prosecution to the local attorney for the Commonwealth, or he mayasesmay institute proceedings by information, presentment or indictment, as appropriate, and conduct the same, (xiii) with the concurrence of the local attorney for the Commonwealth, violations of Article 9 (§ 18.2-246.1 et seq.) of Chapter 6 of Title 18.2, (xiv) with the concurrence of the local attorney for the Commonwealth, assisting in the prosecution of violations of §§ 18.2-186.3 and 18.2-186.4, (xv) with the concurrence of the local attorney 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) with the concurrence of the local attorney for the Commonwealth, assInassisting allin otherthe criminalprosecution casesof inviolations theof circuitArticle courts,10 except(§ where18.2-246.6 theet lawseq.) providesof otherwise,Chapter thetle6 of Title 18.2.

In all other criminal cases in the circuit courts, except where the law provides otherwise, the authority of the Attorney General to appear or participate in the proceedings shall not attach unless and until a notice of appeal has been filed with when the appellate court receives the record after a notice of appeal has been filed with the clerk of the circuit court noting an appeal to the Court of Appeals or the Supreme Court.

In all criminal cases before the Court of Appeals or the Supreme Court in which the Commonwealth is a party or is directly interested, the Attorney General shall appear and represent the Commonwealth upon receipt of the record in the appellate court, unless, and with the consent of the Attorney General, the attorney for the Commonwealth who prosecuted the underlying criminal case files regardinga bail,notice bond, or recognizance pursuant to Article 1 (§ 19.2-119 et seq.) of Chapterappearance 9 of Title 19.2 or subsection B of § 19.2-398, the attorney for the Commonwealth who prosecuted the underlying criminal case shall continue to represent the Commonwealth onin any such appeal.

However, in an appeal regarding bail, bond, or recognizance pursuant to Article 1 (§ 19.2-119 et seq.) of Chapter 9 of Title 19.2 or subsection B of § 19.2-398, the attorney for the Commonwealth who prosecuted the underlying criminal case shall continue to represent the Commonwealth on appeal.

For the purposes of this section, a victim is an individual who has suffered physical, psychological or economic harm as a direct result of orthe acommission spouse, child, parent or legal guardian of a victimcrime; of a homicide.

Nothing in this subsection shall confer upon any person a rightspouse, tochild, appealparent or modifylegal anyguardian decisionof in a criminal,minor appellate or habeasincapacitated ofvictim; 3 corpus proceeding;

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;

or create any cause of action for damages against the Commonwealth or any of its political subdivisions, the Attorney General or any of his of 3 employees or agents, any other officer, employee or agent of the Commonwealth or any of its political subdivisions, or any officer of the court.

The Commonwealth may file a brief in opposition to any petition for cross appeal within 10 days after the of 3 petition for cross appeal is filed.

Except as specifically provided in this section, all other requirements for the petition for pretrial appeal and brief in opposition shall conform as nearly as practicEblepracticable to Part Five A of the Rules of the Supreme Court of Virginia.

NThis petitionsection forapplies aonly pretrial appeal, the Attorney General shall represent the Commonwealth during that appeal unless the attorney for the Commonwealth prosecuting the case has filed a notice of appearance Oursuant to §pretrial 2.2-511.appeals.

TheIf Commonwealththe shallCourt fileof itsAppeals openinggrants brief in the officeCommonwealth's of the3 clerkpetition offor thea Courtpretrial ofappeal, Appealsthe filedAttorney inGeneral shall represent the officeCommonwealth ofduring thethat clerkappeal ofunless the Courtattorney offor Appealsthe withinCommonwealth 25prosecuting daysthe aftercase thehas filingfiled a notice of theLshallappearance bepursuant Commonwealth'sto opening§ brief.2.2-511.

The Commonwealth mayshall then file a reply brief, including its respoEseopening tobrief any cross appeal, in the office of the clerk of the Court of Appeals within 1525 days after the filingdate of the briefcertificate ofawarding the accused.appeal.

WithThe brief of the permissionappellee ofshall abe judgefiled ofin the Courtoffice of Appeals, the timeclerk forof filingthe anyCourt shallof beAppeals mailedwithin or25 delivereddays toafter opposingthe counselfiling onof or before the dateCommonwealth's ofopening filing.brief.

The Commonwealth may then file a reply brief, including its response to any cross appeal, in the office of the clerk of the Court of Appeals within 15 days after the filing of the brief of the accused.

With the permission of a judge of the Court of Appeals, the time for filing any brief may be extended for good cause shown.

Four copies of each brief shall be filed and three copies shall be mailed or delivered to opposing counsel on or before the date of filing.

The Court of Appeals shall accelerate the appeal on its docket and render its decision not later than 60 days after the filing of the appellee's brief or after theWhen the opiniontime isfor renderedfiling bysuch thebrief Courthas ofexpired. Appeals, the mandate shall immediately issue anS the clerk of the Court of Appeals shall return the record forthwith to the clerk of the trial court.

When the opinion is rendered by the Court of Appeals, the mandate shall immediately issue and the clerk of the Court of Appeals shall return the record forthwith to the clerk of the trial court.

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