§ 8.01-622.2 Injunction against disclosure of criminal investigative file materials under the Virginia Freedom of Information Act
Except with respect to the disclosure of records under subdivision D 4 or clause (i) of subdivision D 5 of § 2.2-3706.1, an injunction may be awarded to prevent the disclosure of records related to criminal investigative files requested under § 2.2-3706.1 of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.). In making its determination, a court shall consider the following and shall enter its findings on the record:
1. Whether disclosure of the public records would constitute an unreasonable invasion of personal privacy;
2. Whether disclosure of the public records would endanger the life or physical safety of any individual;
3. Whether disclosure of the public records would subject (i) the victim; (ii) the victim’s immediate family members as set forth in § 2.2-3706.1, if the victim is deceased and the immediate family member is not a person of interest or a suspect in the criminal investigation or proceeding; or (iii) the parent or guardian of the victim, if the victim is a minor and the parent or guardian is not a person of interest or a suspect in the criminal investigation or proceeding, to severe mental or emotional distress; and
4. Any other factor or information deemed by the court to be relevant.
History
This law was first created in 2022. The record of its establishment is cataloged in chapter 386 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. That modification is as follows: in 2024, chapter 582.
2022, c. 386; 2024, c. 582.