                                 CODE OF VIRGINIA

COURT REPORTER PROVIDED; SAFEKEEPING OF TRANSCRIPTS, NOTES, ETC.; WHEN
DISCLOSURE PERMITTED; ACCESS TO RECORD OF TESTIMONY AND EVIDENCE (§ 19.2-215.9)

A. A court reporter shall be provided for a multi-jurisdiction grand jury to
record, manually or electronically, and transcribe all oral testimony taken
before a multi-jurisdiction grand jury, but such a reporter shall not be present
during any stage of its deliberations. Such transcription shall include the
original or copies of all documents, reports, or other evidence presented to the
multi-jurisdiction grand jury. The notes, tapes, and transcriptions of the
reporter are for the use of the multi-jurisdiction grand jury, and the contents
thereof shall not be used or divulged by anyone except as provided in this
article. After the multi-jurisdiction grand jury has completed its use of the
notes, tapes, and transcriptions, the foreman shall cause them to be delivered
to the clerk of the circuit court in whose jurisdiction the multi-jurisdiction
grand jury sits, with copies provided to special counsel. Upon motion of special
counsel, the presiding judge may order that such notes, tapes, and
transcriptions be destroyed at the direction of special counsel by any means the
presiding judge deems sufficient, provided that at least seven years have passed
from the date of the multi-jurisdiction grand jury proceeding where such notes,
tapes, and transcriptions were made.

B. The clerk shall cause the notes, tapes, and transcriptions or other evidence
to be kept safely. Upon motion to the presiding judge, special counsel or the
attorney for the Commonwealth or United States attorney of any jurisdiction
where the offense could be prosecuted or investigated shall be permitted to
review any of the evidence which was presented to the multi-jurisdiction 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. Special counsel, the attorney for the Commonwealth, or the United
States attorney shall maintain the secrecy of all information obtained from a
review or duplication of the evidence presented to the multi-jurisdiction grand
jury, except that this information may be disclosed pursuant to the provisions
of subdivision 2 of &#xA7; 19.2-215.1. A United States attorney satisfies his
duty to maintain secrecy of information obtained from a review or duplication of
evidence presented to the multi-jurisdiction grand jury if such information is
maintained in accordance with the Federal Rules of Criminal Procedure. After a
person has been indicted by a grand jury, the attorney for the Commonwealth
shall notify such person that the multi-jurisdiction grand jury was used to
obtain evidence for a prosecution. Upon motion to the presiding judge by a
person indicted by a multi-jurisdiction grand jury or by a person being
prosecuted with evidence presented to a multi-jurisdiction grand jury, similar
permission to review, note, or duplicate evidence shall be extended.
			Any person granted permission to make notes and to duplicate portions of the
evidence given before the multi-jurisdiction grand jury shall maintain the
secrecy of all information obtained from a review or duplication of the evidence
presented to the multi-jurisdiction grand jury, except for disclosure as he
deems necessary for use in a criminal investigation or proceeding. The timing of
the access to such evidence shall be determined by the presiding judge after a
hearing on the matter, if the parties do not otherwise agree. Any person granted
permission herein is precluded from making additional copies of these materials,
except as he deems necessary for use in a criminal investigation or proceeding,
without permission of the presiding judge and is to notify the presiding judge
and the attorney for the Commonwealth immediately if these materials are lost or
their secrecy has not been maintained.

C. If any witness who testified or produced evidence before the
multi-jurisdiction grand jury is prosecuted on the basis of his testimony or the
evidence he produced, or if any witness is prosecuted for perjury on the basis
of his testimony or the evidence he produced before the multi-jurisdiction grand
jury, the presiding judge, on motion of either special counsel or the defendant,
shall permit the defendant access to the testimony of or evidence produced by
the defendant before the multi-jurisdiction grand jury. The testimony and the
evidence produced by the defendant before the multi-jurisdiction grand jury
shall then be admissible in the trial of the criminal offense with which the
defendant is charged (i) to establish a charge of perjury in the
Commonwealth&#8217;s case-in-chief on the basis of his testimony before the
multi-jurisdiction grand jury and (ii) for the purpose of impeaching the
defendant in the trial of any other criminal matter, provided the testimony or
evidence being used for impeachment was produced by the defendant voluntarily
before the multi-jurisdiction grand jury.

HISTORY: 1983, c. 543; 2014, c. 389; 2016, c. 262; 2019, c. 522.