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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>58367</law_id><section_number>9.1-1104</section_number><catch_line>Rights of accused person or his attorney to results of investigation or to investigation</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>19.2-310.5</reference><reference>19.2-327.3</reference><reference>19.2-327.4</reference><reference>2.2-3802</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="9.1">Commonwealth Public Safety</unit><unit label="chapter" level="2" order_by="1" identifier="11">Department of Forensic Science</unit><unit label="article" level="3" order_by="1" identifier="1">General Provisions</unit></structure><text>
						<section><p>Upon the request of any person <span class="dictionary">accused</span> of a <span class="dictionary">crime</span> or upon the request of an <span class="dictionary">accused</span> person&#x2019;s attorney, the Department or the Division of Consolidated Laboratory Services shall furnish to the <span class="dictionary">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 <span class="dictionary">crime</span> for which the person is <span class="dictionary">accused</span>. In any case in which an attorney of record for a person <span class="dictionary">accused</span> of violation of any criminal <span class="dictionary">law</span> of the Commonwealth, or the <span class="dictionary">accused</span>, may desire a scientific investigation, he shall, by <span class="dictionary">motion</span> filed before the <span class="dictionary">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 <span class="dictionary">motion</span> shall be heard <span class="dictionary">ex parte</span> as soon as practicable, and the <span class="dictionary">court</span> shall, after a <span class="dictionary">hearing</span> upon the <span class="dictionary">motion</span> and being satisfied as to the correctness of the certification, <span class="dictionary">order</span> that the same be performed by the Department or the Division of Consolidated Laboratory Services and shall prescribe in its <span class="dictionary">order</span> the method of <span class="dictionary">custody</span>, transfer, and return of <span class="dictionary">evidence</span> submitted for scientific investigation. Upon the request of the attorney for the Commonwealth of the <span class="dictionary">jurisdiction</span> in which the charge is pending, he shall be furnished the results of the scientific investigation.</p></section></text><history>2005, cc. 868, 881; 2024, c. 210.</history><metadata></metadata></law>
