                                 CODE OF VIRGINIA

OFFICERS TO GIVE INFORMATION OF VIOLATION OF PENAL LAWS TO ATTORNEY FOR
COMMONWEALTH (§ 19.2-201)

A. As used in this section, &#8220;chief law-enforcement officer&#8221; means
the Superintendent of State Police; any chief of police or sheriff responsible
for law enforcement in the jurisdiction served by him; the head of any private
police department that has been designated as a criminal justice agency by the
Department of Criminal Justice Services as defined by &#xA7; 9.1-101; the chief
of any campus police department established pursuant to &#xA7;&#xA7; 23.1-809
and 23.1-810; the chief of the Lynchburg Regional Airport police department
established pursuant to &#xA7; 15.2-1123.1; or director or chief executive of
any agency or department employing law-enforcement officers as defined in &#xA7;
9.1-101.

B. Every commissioner of the revenue, sheriff, constable or other officer shall
promptly give information of the violation of any penal law to the attorney for
the Commonwealth, who shall forthwith institute and prosecute all necessary and
proper proceedings in such case, whether in the name of the Commonwealth or of a
county or corporation, and may in such case issue or cause to be issued a
summons for any witnesses he may deem material to give evidence before the court
or grand jury. Except as otherwise provided in this chapter, no attorney for the
Commonwealth shall go before any grand jury except when duly sworn to testify as
a witness, but he may advise the foreman of a regular grand jury or any member
or members thereof in relation to the discharge of their duties.

C. Every chief law-enforcement officer shall provide to the attorney for the
Commonwealth access to all records, including police reports, disciplinary
records, and internal affairs investigations, relating to wrongful arrest or use
of force complaints, or other complaints that a person has been deprived of the
rights, privileges, or immunities secured or protected by the laws of the United
States and the Commonwealth made against a law-enforcement officer who is
employed by the chief law-enforcement officer&#8217;s agency. Access shall be
granted to the attorney for the Commonwealth to such records whenever a
law-enforcement officer is a potential witness in a pending criminal matter or
criminal investigation related to the performance of his duties as a law
enforcement officer.
			The chief law-enforcement officer may redact any statements made by a
law-enforcement officer employed by his agency or department during an internal
affairs investigation that may incriminate such law-enforcement officer or be
otherwise used to prosecute such law-enforcement officer. Any redactions made by
the chief law-enforcement officer may be challenged by the attorney for the
Commonwealth in an ex parte hearing before a circuit court judge.
			Any information protected by the federal Health Insurance Portability and
Accountability Act shall not be disclosed pursuant to this subsection.

HISTORY: Code 1950, § 19.1-156; 1960, c. 366; 1975, c. 495; 2020, Sp. Sess. I,
c. 37.