                                 CODE OF VIRGINIA

(EFFECTIVE JULY 1, 2026) DISCLOSURE OF LAW-ENFORCEMENT RECORDS; CRIMINAL
INCIDENT INFORMATION AND CERTAIN CRIMINAL INVESTIGATIVE FILES; LIMITATIONS (§
2.2-3706.1)

A. For purposes of this section:
			&#8220;Criminal investigative files&#8221; means any documents and
information, including complaints, court orders, memoranda, notes, diagrams,
maps, photographs, correspondence, reports, witness statements, and evidence,
relating to a criminal investigation or prosecution, other than criminal
incident information subject to disclosure in accordance with subsection B.
			&#8220;Family representative&#8221; means the decedent&#8217;s personal
representative or, if no personal representative as set forth in &#xA7; 64.2-100
has qualified, the decedent&#8217;s next of kin in order of intestate succession
as set forth in &#xA7; 64.2-200.
			&#8220;Immediate family members&#8221; means the decedent&#8217;s family
representative, spouse, child, sibling, parent, grandparent, or grandchild.
&#8220;Immediate family members&#8221; include a stepparent, stepchild,
stepsibling, and adoptive relationships.
			&#8220;Ongoing&#8221; refers to a case in which the prosecution has not been
finally adjudicated, the investigation continues to gather evidence for a
possible future criminal case, and such case would be jeopardized by the
premature release of evidence.

B. All public bodies engaged in criminal law-enforcement activities shall
provide records and information when requested in accordance with the provisions
of this chapter regarding criminal incident information relating to felony
offenses contained in any report, notes, electronic communication, or other
document, including filings through an incident-based reporting system, which
shall include:

   1. A general description of the criminal activity reported;

   2. The date and time the alleged crime was committed;

   3. The general location where the alleged crime was committed;

   4. The identity of the investigating officer or other point of contact; and

   5. A description of any injuries suffered or property damaged or stolen.
   				A verbal response as agreed to by the requester and the public body is
   sufficient to satisfy the requirements of this subsection.

C. Criminal investigative files relating to an ongoing criminal investigation or
proceeding are excluded from the mandatory disclosure provisions of this
chapter, but may be disclosed by the custodian, in his discretion, except as
provided in subsection E or where such disclosure is prohibited by law.

D. Criminal investigative files relating to a criminal investigation or
proceeding that is not ongoing are excluded from the mandatory disclosure
provisions of this chapter but may be disclosed by the custodian, in his
discretion, except as provided in subsection E; however, such records shall be
disclosed, by request, to the following persons, regardless of whether any such
person is a citizen of the Commonwealth:

   1. The victim;

   2. The victim&#8217;s immediate family members, if the victim is deceased and
   the immediate family member to which the records are to be disclosed is not a
   person of interest or a suspect in the criminal investigation or proceeding;

   3. The parent or guardian of the victim, if the victim is a minor and the
   parent or guardian is not a person of interest or a suspect in the criminal
   investigation or proceeding;

   4. An attorney representing a petitioner in a petition for a writ of habeas
   corpus or writ of actual innocence pursuant to Chapter 19.2 (&#xA7; 19.2-327.2
   et seq.) of Title 19.2 or any other federal or state post-conviction
   proceeding or pardon; and

   5. For the sole purpose of inspection at the location where such records are
   maintained by the public body that is the custodian of the records, (i) an
   attorney or his agent when such attorney is considering representing a
   petitioner in a post-conviction proceeding or pardon, (ii) an attorney who
   provides a sworn declaration that the attorney has been retained by an
   individual for purposes of pursuing a civil or criminal action and has a good
   faith basis to believe that the records being requested are material to such
   action, or (iii) a person who is proceeding pro se in a petition for a writ of
   habeas corpus or writ of actual innocence pursuant to Chapter 19.2 (&#xA7;
   19.2-327.2 et seq.) of Title 19.2 or any other federal or state
   post-conviction proceeding or pardon, who provides a sworn affidavit that the
   records being requested are material to such action.
   				An attorney or his agent who is in receipt of criminal investigative files
   or has inspected criminal investigative files pursuant to subdivision 4 or 5
   shall not release such criminal investigative files or any information
   contained therein except as necessary to provide adequate legal advice or
   representation to a person whom the attorney either represents or is
   considering representing in a post-conviction proceeding or pardon or
   represents in a civil or criminal action.
   				An attorney who is in receipt of criminal investigative files pursuant to
   subdivision 4 shall return the criminal investigative files to the public body
   that is the custodian of such records within 90 days of a final determination
   of any writ of habeas corpus, writ of actual innocence, or other federal or
   state post-conviction proceeding or pardon or, if no petition for such writ or
   post-conviction proceeding or pardon was filed, within six months of the
   attorney&#8217;s receipt of the records.
   				No disclosure for the purpose of inspection pursuant to clause (iii) of
   subdivision 5 shall be made unless an appropriate circuit court has reviewed
   the affidavit provided and determined the records requested are material to
   the action being pursued. The court shall order the person not to disclose or
   otherwise release any information contained in a criminal investigative file
   except as necessary for the pending action and may include other conditions as
   appropriate.

E. The provisions of subsections C and D shall not apply if the release of such
information:

   1. Would interfere with a particular ongoing criminal investigation or
   proceeding in a particularly identifiable manner;

   2. Would deprive a person of a right to a fair trial or an impartial
   adjudication;

   3. Would constitute an unwarranted invasion of personal privacy;

   4. Would disclose (i) the identity of a confidential source or (ii) in the
   case of a record compiled by a law-enforcement agency in the course of a
   criminal investigation, information furnished only by a confidential source;

   5. Would disclose law-enforcement investigative techniques and procedures, if
   such disclosure could reasonably be expected to risk circumvention of the law;
   or

   6. Would endanger the life or physical safety of any individual.
   				Nothing in this subsection shall be construed to authorize the withholding
   of those portions of such information that are unlikely to cause any effect
   listed herein.

F. Notwithstanding the provisions of subsection C or D, no criminal
investigative file or portion thereof, except disclosure of records under
subdivision D 4 or clause (i) of subdivision D 5, shall be disclosed to any
requester pursuant to this section, unless the public body has made reasonable
efforts to notify (i) the victim; (ii) the victim&#8217;s immediate family
members, if the victim is deceased and the immediate family member to be
notified is not a person of interest or a suspect in the criminal investigation
or proceeding; or (iii) the victim&#8217;s parent or guardian, if the victim is
a minor and the parent or guardian to be notified is not a person of interest or
a suspect in the criminal investigation or proceeding.
			Upon receipt of notice that a public body has received a request for criminal
investigative files pursuant to this section, an individual listed in clause
(i), (ii), or (iii) shall have 14 days to file in an appropriate court a
petition for an injunction to prevent the disclosure of the records as set forth
in &#xA7; 8.01-622.2. The public body shall not respond to the request until at
least 14 days has passed from the time notice was received by an individual
listed in clause (i), (ii), or (iii) unless such individual has waived the
14-day period or at the request of the victim&#8217;s insurance company or
attorney. The period within which the public body shall respond to the
underlying request pursuant to &#xA7; 2.2-3704 shall be tolled pending the
notification process and any subsequent disposition by the court.

G. No photographic, audio, video, or other record depicting a victim or allowing
for a victim to be readily identified shall be released pursuant to subsection C
or D to anyone except (i) the victim; (ii) the victim&#8217;s family
representative, if the victim is deceased and the family representative to which
the records are to be disclosed is not a person of interest or a suspect in the
criminal investigation or proceeding; (iii) the victim&#8217;s parent or
guardian, if the victim is a minor and the parent or guardian is not a person of
interest or a suspect in the criminal investigation or proceeding; or (iv) the
victim&#8217;s insurance company or attorney.

H. Nothing in this section shall prohibit the disclosure of current anonymized,
aggregate location and demographic data collected pursuant to &#xA7; 52-30.2 or
similar data documenting law-enforcement officer encounters with members of the
public.

I. In the event of a conflict between this section as it relates to requests
made under this section and other provisions of law, the other provisions of law
that restrict disclosure of criminal investigative files shall control.

J. The following records shall not be released under the provisions of this
section:

   1. Any record that has been expunged pursuant to &#xA7; 19.2-392.2, unless
   dissemination is authorized pursuant to &#xA7; 19.2-392.3 or 19.2-392.3:1; and

   2. Any record that has been sealed pursuant to &#xA7; 19.2-392.6:1,
   19.2-392.7, 19.2-392.8, 19.2-392.10, 19.2-392.11, 19.2-392.12, 19.2-392.12:1,
   or 19.2-392.17, unless dissemination is authorized pursuant to &#xA7;
   19.2-392.13 and the rules and regulations adopted pursuant to &#xA7; 9.1-128
   and the procedures adopted pursuant to &#xA7; 9.1-134.

HISTORY: 2021, Sp. Sess. I, c. 483; 2022, c. 386; 2024, cc. 580, 582; 2025, cc.
634, 671.