HB873
Discovery in criminal cases; penalties, effective provision.
Summary
As Passed House of Origin. Discovery in criminal cases.
Establishes requirements and procedures for discovery by an accused and by the Commonwealth in a criminal case. The bill requires a party requesting discovery to request that the other party voluntarily comply with such request prior to filing any motion before a judge. Upon receiving a negative or unsatisfactory response, ... (More) or upon the passage of seven days following the receipt of the request without response, the party requesting discovery may file a motion for discovery with the court. The bill details information that is subject to discovery and provides that discovery shall be provided at a reasonable time before trial but that in no case shall it be provided later than (i) 14 days before trial on a misdemeanor in circuit court, (ii) 30 days before trial on a felony or multiple felony counts punishable by confinement in a state correctional facility for an aggregate of 30 years or less, or (iii) 90 days before trial on a felony or multiple felony counts punishable by confinement in a state correctional facility for an aggregate of more than 30 years. The bill also provides a mechanism for redaction of certain personal identifying information and creates a procedure for either party to move the court to enter a protection order with regard to discovery. Finally, the bill grants the court the ability to impose various remedies it deems just if a party fails to comply with any of the requirements. This bill incorporates HB 1153. (Less)-
Bill History
- 01/07/2020 - House: Prefiled and ordered printed; offered 01/08/20 20101904D
- 01/07/2020 - House: Referred to Committee for Courts of Justice
- 01/08/2020 - House: Impact statement from VCSC (HB873)
- 02/04/2020 - House: Impact statement from DPB (HB873)
- 02/04/2020 - House: Assigned Courts sub: Criminal
- 02/07/2020 - House: Subcommittee recommends reporting (5-Y 0-N)
- 02/07/2020 - House: Reported from Courts of Justice with substitute (10-Y 7-N)
- 02/07/2020 - House: Committee substitute printed 20107766D-H1
- 02/07/2020 - House: Incorporates HB1153 (Lopez)
- 02/09/2020 - House: Read first time
- 02/10/2020 - House: Read second time
- 02/10/2020 - House: Committee substitute agreed to 20107766D-H1
- 02/10/2020 - House: Engrossed by House - committee substitute HB873H1
- 02/11/2020 - House: Read third time and passed House (56-Y 44-N)
- 02/11/2020 - House: VOTE: Passage (56-Y 44-N) Close Floor Vote
- 02/12/2020 - Senate: Constitutional reading dispensed
- 02/12/2020 - Senate: Referred to Committee on the Judiciary
- 02/17/2020 - House: Impact statement from DPB (HB873H1)
- 02/24/2020 - Senate: Reported from Judiciary (12-Y 3-N)
- 02/24/2020 - Senate: Rereferred to Finance and Appropriations
- 03/02/2020 - Senate: Reported from Finance and Appropriations (15-Y 0-N)
- 03/04/2020 - Senate: Constitutional reading dispensed (40-Y 0-N)
- 03/05/2020 - Senate: Read third time
- 03/05/2020 - Senate: Passed Senate (28-Y 11-N)
- 03/12/2020 - House: Enrolled
- 03/12/2020 - House: Bill text as passed House and Senate (HB873ER)
- 03/12/2020 - House: Impact statement from DPB (HB873ER)
- 03/12/2020 - House: Signed by Speaker
- 03/12/2020 - Senate: Signed by President
- 03/17/2020 - House: Enrolled Bill communicated to Governor on March 17, 2020
- 03/17/2020 - Governor: Governor's Action Deadline 11:59 p.m., April 11, 2020
- 04/11/2020 - Governor: Approved by Governor-Chapter 1167 (effective - see bill)
- 04/11/2020 - Governor: Acts of Assembly Chapter text (CHAP1167)
