{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/9.1-1104.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/9.1-1104.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/9.1-1104.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/9.1-1104.html"}],"law_id":58367,"edition_id":1,"section_id":58367,"structure_id":15333,"section_number":"9.1-1104","catch_line":"Rights of accused person or his attorney to results of investigation or to investigation","history":"2005, cc. 868, 881; 2024, c. 210.","full_text":"Upon the request of any person accused of a crime or upon the request of an accused person’s attorney, the Department or the Division of Consolidated Laboratory Services shall furnish to the accused or his attorney the results of any investigation that has been conducted by it and that is related in any way to a crime for which the person is accused. In any case in which an attorney of record for a person accused of violation of any criminal law of the Commonwealth, or the accused, may desire a scientific investigation, he shall, by motion filed before the court in which the charge is pending, certify that in good faith he believes that a scientific investigation may be relevant to the criminal charge and that the Department or the Division of Consolidated Laboratory Services has indicated it has a methodology to perform the requested scientific investigation. The motion shall be heard ex parte as soon as practicable, and the court shall, after a hearing upon the motion and being satisfied as to the correctness of the certification, order that the same be performed by the Department or the Division of Consolidated Laboratory Services and shall prescribe in its order the method of custody, transfer, and return of evidence submitted for scientific investigation. Upon the request of the attorney for the Commonwealth of the jurisdiction in which the charge is pending, he shall be furnished the results of the scientific investigation.","order_by":null,"text":{"0":{"id":213745,"text":"Upon the request of any person accused of a crime or upon the request of an accused person’s attorney, the Department or the Division of Consolidated Laboratory Services shall furnish to the accused or his attorney the results of any investigation that has been conducted by it and that is related in any way to a crime for which the person is accused. In any case in which an attorney of record for a person accused of violation of any criminal law of the Commonwealth, or the accused, may desire a scientific investigation, he shall, by motion filed before the court in which the charge is pending, certify that in good faith he believes that a scientific investigation may be relevant to the criminal charge and that the Department or the Division of Consolidated Laboratory Services has indicated it has a methodology to perform the requested scientific investigation. The motion shall be heard ex parte as soon as practicable, and the court shall, after a hearing upon the motion and being satisfied as to the correctness of the certification, order that the same be performed by the Department or the Division of Consolidated Laboratory Services and shall prescribe in its order the method of custody, transfer, and return of evidence submitted for scientific investigation. Upon the request of the attorney for the Commonwealth of the jurisdiction in which the charge is pending, he shall be furnished the results of the scientific investigation.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15333,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":15332,"metadata":{},"date_created":"2026-06-26 03:54:01","date_modified":"2026-06-26 03:54:01","permalink":{"id":285105,"object_type":"structure","relational_id":15333,"identifier":"1","token":"9.1\/11\/1","url":"\/9.1\/11\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":15332,"edition_id":1,"name":"Department of Forensic Science","identifier":"11","label":"chapter","depth":2,"order_by":1,"parent_id":12896,"metadata":{},"date_created":"2026-06-26 03:54:01","date_modified":"2026-06-26 03:54:01","permalink":{"id":285103,"object_type":"structure","relational_id":15332,"identifier":"11","token":"9.1\/11","url":"\/9.1\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12896,"edition_id":1,"name":"Commonwealth Public Safety","identifier":"9.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":284487,"object_type":"structure","relational_id":12896,"identifier":"9.1","token":"9.1","url":"\/9.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":79967,"structure_id":15333,"section_number":"9.1-1100","catch_line":"Department of Forensic Science created; Director","url":"\/9.1-1100\/","token":"9.1\/11\/1\/9.1-1100","metadata":false},{"id":79739,"structure_id":15333,"section_number":"9.1-1100.1","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/9.1-1100.1\/","token":"9.1\/11\/1\/9.1-1100.1","metadata":false},{"id":79601,"structure_id":15333,"section_number":"9.1-1101","catch_line":"Powers and duties of the Department","url":"\/9.1-1101\/","token":"9.1\/11\/1\/9.1-1101","metadata":false},{"id":80331,"structure_id":15333,"section_number":"9.1-1101.1","catch_line":"Purchase of forensic laboratory services","url":"\/9.1-1101.1\/","token":"9.1\/11\/1\/9.1-1101.1","metadata":false},{"id":67273,"structure_id":15333,"section_number":"9.1-1101.2","catch_line":"Possession or transfer of unlawful items by Department employees while engaged in the performance of official duties","url":"\/9.1-1101.2\/","token":"9.1\/11\/1\/9.1-1101.2","metadata":false},{"id":71992,"structure_id":15333,"section_number":"9.1-1102","catch_line":"Department to be isolated; security and protection of evidence","url":"\/9.1-1102\/","token":"9.1\/11\/1\/9.1-1102","metadata":false},{"id":66823,"structure_id":15333,"section_number":"9.1-1103","catch_line":"Forensic Science Academy","url":"\/9.1-1103\/","token":"9.1\/11\/1\/9.1-1103","metadata":false},{"id":58367,"structure_id":15333,"section_number":"9.1-1104","catch_line":"Rights of accused person or his attorney to results of investigation or to investigation","url":"\/9.1-1104\/","token":"9.1\/11\/1\/9.1-1104","metadata":false},{"id":71182,"structure_id":15333,"section_number":"9.1-1105","catch_line":"Reexamination by independent experts","url":"\/9.1-1105\/","token":"9.1\/11\/1\/9.1-1105","metadata":false},{"id":70959,"structure_id":15333,"section_number":"9.1-1106","catch_line":"Disposal of certain hazardous materials","url":"\/9.1-1106\/","token":"9.1\/11\/1\/9.1-1106","metadata":false},{"id":85351,"structure_id":15333,"section_number":"9.1-1107","catch_line":"Disposal of certain other property after analysis","url":"\/9.1-1107\/","token":"9.1\/11\/1\/9.1-1107","metadata":false},{"id":68553,"structure_id":15333,"section_number":"9.1-1108","catch_line":"Disposal of property held by Department for more than 15 years","url":"\/9.1-1108\/","token":"9.1\/11\/1\/9.1-1108","metadata":false}],"previous_section":{"id":66823,"structure_id":15333,"section_number":"9.1-1103","catch_line":"Forensic Science Academy","url":"\/9.1-1103\/","token":"9.1\/11\/1\/9.1-1103","metadata":false},"next_section":{"id":71182,"structure_id":15333,"section_number":"9.1-1105","catch_line":"Reexamination by independent experts","url":"\/9.1-1105\/","token":"9.1\/11\/1\/9.1-1105","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/9.1-1104\/","history_text":"

This law was first created in 2005. The record of its establishment is cataloged in chapters 868<\/a> and 881<\/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 1 time. 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. That modification is as follows: in 2024, chapter 210<\/a>.<\/p>","references":[{"id":72252,"section_number":"19.2-310.5","catch_line":"DNA data bank","order_by":null,"url":"\/19.2-310.5\/"},{"id":58516,"section_number":"19.2-327.3","catch_line":"Contents and form of the petition based on previously unknown or untested human biological evidence of actual innocence","order_by":null,"url":"\/19.2-327.3\/"},{"id":54878,"section_number":"19.2-327.4","catch_line":"Determination by the Supreme Court for findings of fact by the circuit court","order_by":null,"url":"\/19.2-327.4\/"},{"id":62575,"section_number":"2.2-3802","catch_line":"Systems to which chapter inapplicable","order_by":null,"url":"\/2.2-3802\/"}],"refers_to":false,"permalink":{"id":285135,"object_type":"law","relational_id":58367,"identifier":"9.1-1104","token":"9.1\/11\/1\/9.1-1104","url":"\/9.1-1104\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/9.1-1104\/","token":"9.1\/11\/1\/9.1-1104","dublin_core":{"Title":"Rights of accused person or his attorney to results of investigation or to investigation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 9.1-1104","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Upon the request of any person accused<\/span> of a crime<\/span> or upon the request of an accused<\/span> person’s attorney, the Department or the Division of Consolidated Laboratory Services shall furnish to the accused<\/span> or his attorney the results of any investigation that has been conducted by it and that is related in any way to a crime<\/span> for which the person is accused<\/span>. In any case in which an attorney of record for a person accused<\/span> of violation of any criminal law<\/span> of the Commonwealth, or the accused<\/span>, may desire a scientific investigation, he shall, by motion<\/span> filed before the court<\/span> in which the charge is pending, certify that in good faith he believes that a scientific investigation may be relevant to the criminal charge and that the Department or the Division of Consolidated Laboratory Services has indicated it has a methodology to perform the requested scientific investigation. The motion<\/span> shall be heard ex parte<\/span> as soon as practicable, and the court<\/span> shall, after a hearing<\/span> upon the motion<\/span> and being satisfied as to the correctness of the certification, order<\/span> that the same be performed by the Department or the Division of Consolidated Laboratory Services and shall prescribe in its order<\/span> the method of custody<\/span>, transfer, and return of evidence<\/span> submitted for scientific investigation. Upon the request of the attorney for the Commonwealth of the jurisdiction<\/span> in which the charge is pending, he shall be furnished the results of the scientific investigation.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRIGHTS OF ACCUSED PERSON OR HIS ATTORNEY TO RESULTS OF INVESTIGATION OR TO\nINVESTIGATION (\u00a7 9.1-1104)\n\nUpon the request of any person accused of a crime or upon the request of an\naccused person’s attorney, the Department or the Division of Consolidated\nLaboratory Services shall furnish to the accused or his attorney the results of\nany investigation that has been conducted by it and that is related in any way\nto a crime for which the person is accused. In any case in which an attorney of\nrecord for a person accused of violation of any criminal law of the\nCommonwealth, or the accused, may desire a scientific investigation, he shall,\nby motion filed before the court in which the charge is pending, certify that in\ngood faith he believes that a scientific investigation may be relevant to the\ncriminal charge and that the Department or the Division of Consolidated\nLaboratory Services has indicated it has a methodology to perform the requested\nscientific investigation. The motion shall be heard ex parte as soon as\npracticable, and the court shall, after a hearing upon the motion and being\nsatisfied as to the correctness of the certification, order that the same be\nperformed by the Department or the Division of Consolidated Laboratory Services\nand shall prescribe in its order the method of custody, transfer, and return of\nevidence submitted for scientific investigation. Upon the request of the\nattorney for the Commonwealth of the jurisdiction in which the charge is\npending, he shall be furnished the results of the scientific investigation.\n\nHISTORY: 2005, cc. 868, 881; 2024, c. 210.","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}}