                                 CODE OF VIRGINIA

PROVISION FOR COURT REPORTER; USE AND DISPOSITION OF NOTES, TAPES AND
TRANSCRIPTIONS (§ 19.2-212)

A. A court reporter shall be provided for a special grand jury to record,
manually or electronically, and transcribe all oral testimony taken before a
special grand jury, but such reporter shall not be present during any stage of
its deliberations. The notes, tapes and transcriptions of the reporter are for
the sole use of the special grand jury, and the contents thereof shall not be
divulged by anyone except as hereinafter provided. After the special grand jury
has completed its use of the notes, tapes and transcriptions, the foreman shall
cause them to be sealed, the container dated, and delivered to the court.
			The court shall cause the sealed container to be kept safely. If any witness
testifying before the special grand jury is prosecuted subsequently for perjury,
the court, on motion of either the attorney for the Commonwealth or the
defendant, shall permit them both to have access to the testimony given by the
defendant when a witness before the special grand jury, and the testimony shall
be admissible in the perjury case.
			If no prosecution for perjury is instituted within three years from the date
of the report of the special grand jury, the court shall cause the sealed
container to be destroyed; however, on motion of the attorney for the
Commonwealth, the court may extend the time period for destruction if the grand
jury was impanelled at the request of the attorney for the Commonwealth.

B. Upon motion to the presiding judge, the attorney for the Commonwealth shall
be permitted to review any evidence that was presented to the special grand
jury, and shall be permitted to make notes and to duplicate portions of the
evidence as he deems necessary for use in a criminal investigation or
proceeding. The attorney for the Commonwealth shall maintain the secrecy of all
information obtained from a review or duplication of the evidence presented to
the special grand jury. Upon motion to the presiding judge by a person indicted
after a special grand jury investigation, similar permission to review, note or
duplicate evidence shall be extended if it appears that the permission is
consistent with the ends of justice and is necessary to reasonably inform such
person of the nature of the evidence to be presented against him, or to
adequately prepare his defense.

HISTORY: 1975, c. 495; 2001, c. 4; 2003, c. 96; 2008, c. 644.