{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-269.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-269.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-269.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-269.2.html"}],"law_id":55813,"edition_id":1,"section_id":55813,"structure_id":14442,"section_number":"16.1-269.2","catch_line":"Admissibility of statement; investigation and report; bail","history":"1994, cc. 859, 949; 1999, c. 350; 2005, cc. 590, 843; 2020, cc. 987, 988; 2024, c. 365.","full_text":"A\n\nStatements made by the juvenile at the transfer hearing provided for under § 16.1-269.1 shall not be admissible against him over objection in any criminal proceedings following the transfer, except for purposes of impeachment.B\n\nPrior to a transfer hearing pursuant to subsection A of § 16.1-269.1 or a preliminary hearing pursuant to subsection C of § 16.1-269.1, a study and report to the court, in writing, relevant to the factors set out in subdivision A 4 of § 16.1-269.1, as well as an assessment of any affiliation with a criminal street gang as defined in § 18.2-46.1, shall be made by the probation services or other qualified agency designated by the court. Such report shall include any relevant information supporting an allegation that the juvenile was a victim of felonious criminal sexual assault in violation of Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 or trafficking in violation of Article 3 (§ 18.2-344 et seq.) of Chapter 8 of Title 18.2 by the alleged victim. It is the intent of the General Assembly that these juveniles be viewed as victims and provided treatment and services in the juvenile system. Upon motion of the attorney for the Commonwealth for a transfer hearing pursuant to subsection A of § 16.1-269.1, the attorney for the Commonwealth shall provide notice to the designated probation services or other qualified agency of the need for a transfer report. Counsel for the juvenile and the attorney for the Commonwealth shall have full access to the study and report and any other report or data concerning the juvenile which are available to the court. The court shall not consider the report until a finding has been made concerning probable cause. If the court so orders, the study and report may be expanded to include matters provided for in § 16.1-273, whereupon it may also serve as the report required by this subsection, but on the condition that it will not be submitted to the judge who will preside at any subsequent hearings except as provided for by law.C\n\nAfter the completion of the hearing, whether or not the juvenile court decides to retain jurisdiction over the juvenile or transfer such juvenile for criminal proceedings in the circuit court, the juvenile court shall set bail for the juvenile in accordance with Chapter 9 (§ 19.2-119 et seq.) of Title 19.2, if bail has not already been set.","order_by":null,"text":{"0":{"id":204439,"text":"Statements made by the juvenile at the transfer hearing provided for under § 16.1-269.1 shall not be admissible against him over objection in any criminal proceedings following the transfer, except for purposes of impeachment.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":204440,"text":"Prior to a transfer hearing pursuant to subsection A of § 16.1-269.1 or a preliminary hearing pursuant to subsection C of § 16.1-269.1, a study and report to the court, in writing, relevant to the factors set out in subdivision A 4 of § 16.1-269.1, as well as an assessment of any affiliation with a criminal street gang as defined in § 18.2-46.1, shall be made by the probation services or other qualified agency designated by the court. Such report shall include any relevant information supporting an allegation that the juvenile was a victim of felonious criminal sexual assault in violation of Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 or trafficking in violation of Article 3 (§ 18.2-344 et seq.) of Chapter 8 of Title 18.2 by the alleged victim. It is the intent of the General Assembly that these juveniles be viewed as victims and provided treatment and services in the juvenile system. Upon motion of the attorney for the Commonwealth for a transfer hearing pursuant to subsection A of § 16.1-269.1, the attorney for the Commonwealth shall provide notice to the designated probation services or other qualified agency of the need for a transfer report. Counsel for the juvenile and the attorney for the Commonwealth shall have full access to the study and report and any other report or data concerning the juvenile which are available to the court. The court shall not consider the report until a finding has been made concerning probable cause. If the court so orders, the study and report may be expanded to include matters provided for in § 16.1-273, whereupon it may also serve as the report required by this subsection, but on the condition that it will not be submitted to the judge who will preside at any subsequent hearings except as provided for by law.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":204441,"text":"After the completion of the hearing, whether or not the juvenile court decides to retain jurisdiction over the juvenile or transfer such juvenile for criminal proceedings in the circuit court, the juvenile court shall set bail for the juvenile in accordance with Chapter 9 (§ 19.2-119 et seq.) of Title 19.2, if bail has not already been set.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14442,"edition_id":1,"name":"Transfer and Waiver","identifier":"7","label":"article","depth":3,"order_by":1,"parent_id":12701,"metadata":{},"date_created":"2026-06-26 03:48:09","date_modified":"2026-06-26 03:48:09","permalink":{"id":161673,"object_type":"structure","relational_id":14442,"identifier":"7","token":"16.1\/11\/7","url":"\/16.1\/11\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12701,"edition_id":1,"name":"Juvenile and Domestic Relations District Courts","identifier":"11","label":"chapter","depth":2,"order_by":1,"parent_id":12700,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160945,"object_type":"structure","relational_id":12701,"identifier":"11","token":"16.1\/11","url":"\/16.1\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12700,"edition_id":1,"name":"Courts Not of Record","identifier":"16.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160919,"object_type":"structure","relational_id":12700,"identifier":"16.1","token":"16.1","url":"\/16.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":64380,"structure_id":14442,"section_number":"16.1-269","catch_line":"Repealed","url":"\/16.1-269\/","token":"16.1\/11\/7\/16.1-269","metadata":false},{"id":66829,"structure_id":14442,"section_number":"16.1-269.1","catch_line":"Trial in circuit court; preliminary hearing; direct indictment; remand","url":"\/16.1-269.1\/","token":"16.1\/11\/7\/16.1-269.1","metadata":false},{"id":55813,"structure_id":14442,"section_number":"16.1-269.2","catch_line":"Admissibility of statement; investigation and report; bail","url":"\/16.1-269.2\/","token":"16.1\/11\/7\/16.1-269.2","metadata":false},{"id":87118,"structure_id":14442,"section_number":"16.1-269.3","catch_line":"Retention by juvenile court; appeal","url":"\/16.1-269.3\/","token":"16.1\/11\/7\/16.1-269.3","metadata":false},{"id":65791,"structure_id":14442,"section_number":"16.1-269.4","catch_line":"Transfer to circuit court; appeal by juvenile","url":"\/16.1-269.4\/","token":"16.1\/11\/7\/16.1-269.4","metadata":false},{"id":83230,"structure_id":14442,"section_number":"16.1-269.5","catch_line":"Placement of juvenile","url":"\/16.1-269.5\/","token":"16.1\/11\/7\/16.1-269.5","metadata":false},{"id":72657,"structure_id":14442,"section_number":"16.1-269.6","catch_line":"Circuit court hearing; jury; termination of juvenile court jurisdiction; objections and appeals","url":"\/16.1-269.6\/","token":"16.1\/11\/7\/16.1-269.6","metadata":false},{"id":85877,"structure_id":14442,"section_number":"16.1-270","catch_line":"Waiver of jurisdiction of juvenile court in certain cases","url":"\/16.1-270\/","token":"16.1\/11\/7\/16.1-270","metadata":false},{"id":57857,"structure_id":14442,"section_number":"16.1-271","catch_line":"Subsequent offenses by juvenile","url":"\/16.1-271\/","token":"16.1\/11\/7\/16.1-271","metadata":false},{"id":85077,"structure_id":14442,"section_number":"16.1-272","catch_line":"Power of circuit court over juvenile offender","url":"\/16.1-272\/","token":"16.1\/11\/7\/16.1-272","metadata":false},{"id":74910,"structure_id":14442,"section_number":"16.1-272.1","catch_line":"Claim of error to be raised within one year","url":"\/16.1-272.1\/","token":"16.1\/11\/7\/16.1-272.1","metadata":false}],"previous_section":{"id":66829,"structure_id":14442,"section_number":"16.1-269.1","catch_line":"Trial in circuit court; preliminary hearing; direct indictment; remand","url":"\/16.1-269.1\/","token":"16.1\/11\/7\/16.1-269.1","metadata":false},"next_section":{"id":87118,"structure_id":14442,"section_number":"16.1-269.3","catch_line":"Retention by juvenile court; appeal","url":"\/16.1-269.3\/","token":"16.1\/11\/7\/16.1-269.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-269.2\/","history_text":"

This law was first created in 1994. The record of its establishment is cataloged in chapters 859<\/a> and 949<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1999, chapter 350<\/a>; in 2005, chapters 590<\/a> and 843<\/a>; in 2020, chapters 987<\/a> and 988<\/a>; in 2024, chapter 365<\/a>.<\/p>","references":[{"id":66829,"section_number":"16.1-269.1","catch_line":"Trial in circuit court; preliminary hearing; direct indictment; remand","order_by":null,"url":"\/16.1-269.1\/"},{"id":72657,"section_number":"16.1-269.6","catch_line":"Circuit court hearing; jury; termination of juvenile court jurisdiction; objections and appeals","order_by":null,"url":"\/16.1-269.6\/"}],"refers_to":[{"id":66829,"section_number":"16.1-269.1","catch_line":"Trial in circuit court; preliminary hearing; direct indictment; remand","order_by":null,"url":"\/16.1-269.1\/"},{"id":84576,"section_number":"16.1-273","catch_line":"Court may require investigation of social history and preparation of victim impact statement","order_by":null,"url":"\/16.1-273\/"},{"id":55113,"section_number":"18.2-344","catch_line":"Repealed","order_by":null,"url":"\/18.2-344\/"},{"id":86583,"section_number":"18.2-46.1","catch_line":"Definitions","order_by":null,"url":"\/18.2-46.1\/"},{"id":75662,"section_number":"18.2-61","catch_line":"Rape","order_by":null,"url":"\/18.2-61\/"},{"id":61367,"section_number":"19.2-119","catch_line":"Definitions","order_by":null,"url":"\/19.2-119\/"}],"permalink":{"id":161683,"object_type":"law","relational_id":55813,"identifier":"16.1-269.2","token":"16.1\/11\/7\/16.1-269.2","url":"\/16.1-269.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-269.2\/","token":"16.1\/11\/7\/16.1-269.2","dublin_core":{"Title":"Admissibility of statement; investigation and report; bail","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-269.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Statements made by the juvenile at the transfer hearing<\/span> provided for under § 16.1-269.1<\/a> shall not be admissible<\/span> against him over objection in any criminal proceedings following the transfer, except for purposes of impeachment<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Prior to a transfer hearing pursuant to subsection A of § 16.1-269.1<\/a> or a preliminary hearing<\/span> pursuant to subsection C of § 16.1-269.1<\/a>, a study and report to the court<\/span>, in writing, relevant to the factors set out in subdivision A 4 of § 16.1-269.1<\/a>, as well as an assessment of any affiliation with a criminal street gang as defined in § 18.2-46.1<\/a>, shall be made by the probation<\/span> services or other qualified agency designated by the court<\/span>. Such report shall include any relevant information supporting an allegation<\/span> that the juvenile was a victim of felonious criminal sexual assault<\/span> in violation of Article 7 (§ 18.2-61<\/a> et seq.) of Chapter 4 of Title 18.2 or trafficking in violation of Article 3 (§ 18.2-344<\/a> et seq.) of Chapter 8 of Title 18.2 by the alleged victim. It is the intent<\/span> of the General Assembly that these juveniles be viewed as victims and provided treatment and services in the juvenile system. Upon motion<\/span> of the attorney for the Commonwealth for a transfer hearing pursuant to subsection A of § 16.1-269.1<\/a>, the attorney for the Commonwealth shall provide notice to the designated probation<\/span> services or other qualified agency of the need for a transfer report. Counsel<\/span> for the juvenile and the attorney for the Commonwealth shall have full access to the study and report and any other report or data concerning the juvenile which are available to the court<\/span>. The court<\/span> shall not consider the report until a finding<\/span> has been made concerning probable cause<\/span>. If the court<\/span> so orders<\/span>, the study and report may be expanded to include matters provided for in § 16.1-273<\/a>, whereupon it may also serve as the report required by this subsection, but on the condition that it will not be submitted to the judge<\/span> who will preside at any subsequent hearings<\/span> except as provided for by law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> After the completion of the hearing, whether or not the juvenile court<\/span> decides to retain jurisdiction<\/span> over the juvenile or transfer such juvenile for criminal proceedings in the circuit<\/span> court, the juvenile court<\/span> shall set bail<\/span> for the juvenile in accordance with Chapter 9 (§ 19.2-119<\/a> et seq.) of Title 19.2, if bail<\/span> has not already been set. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nADMISSIBILITY OF STATEMENT; INVESTIGATION AND REPORT; BAIL (\u00a7 16.1-269.2)\n\nA. Statements made by the juvenile at the transfer hearing provided for under\n§ 16.1-269.1 shall not be admissible against him over objection in any\ncriminal proceedings following the transfer, except for purposes of impeachment.\n\nB. Prior to a transfer hearing pursuant to subsection A of § 16.1-269.1 or\na preliminary hearing pursuant to subsection C of § 16.1-269.1, a study and\nreport to the court, in writing, relevant to the factors set out in subdivision\nA 4 of § 16.1-269.1, as well as an assessment of any affiliation with a\ncriminal street gang as defined in § 18.2-46.1, shall be made by the\nprobation services or other qualified agency designated by the court. Such\nreport shall include any relevant information supporting an allegation that the\njuvenile was a victim of felonious criminal sexual assault in violation of\nArticle 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 or trafficking in\nviolation of Article 3 (§ 18.2-344 et seq.) of Chapter 8 of Title 18.2 by\nthe alleged victim. It is the intent of the General Assembly that these\njuveniles be viewed as victims and provided treatment and services in the\njuvenile system. Upon motion of the attorney for the Commonwealth for a transfer\nhearing pursuant to subsection A of § 16.1-269.1, the attorney for the\nCommonwealth shall provide notice to the designated probation services or other\nqualified agency of the need for a transfer report. Counsel for the juvenile and\nthe attorney for the Commonwealth shall have full access to the study and report\nand any other report or data concerning the juvenile which are available to the\ncourt. The court shall not consider the report until a finding has been made\nconcerning probable cause. If the court so orders, the study and report may be\nexpanded to include matters provided for in § 16.1-273, whereupon it may\nalso serve as the report required by this subsection, but on the condition that\nit will not be submitted to the judge who will preside at any subsequent\nhearings except as provided for by law.\n\nC. After the completion of the hearing, whether or not the juvenile court\ndecides to retain jurisdiction over the juvenile or transfer such juvenile for\ncriminal proceedings in the circuit court, the juvenile court shall set bail for\nthe juvenile in accordance with Chapter 9 (§ 19.2-119 et seq.) of Title\n19.2, if bail has not already been set.\n\nHISTORY: 1994, cc. 859, 949; 1999, c. 350; 2005, cc. 590, 843; 2020, cc. 987,\n988; 2024, c. 365.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}