                                 CODE OF VIRGINIA

CRIMINAL CASES (§ 2.2-511)

A. Unless specifically requested by the Governor to do so, the Attorney General
shall have no authority to institute or conduct criminal prosecutions in the
circuit courts of the Commonwealth except in cases involving (i) violations of
the Alcoholic Beverage Control Act (&#xA7; 4.1-100 et seq.), (ii) violation of
laws relating to elections and the electoral process as provided in &#xA7;
24.2-104, (iii) violation of laws relating to motor vehicles and their
operation, (iv) the handling of funds by a state bureau, institution, commission
or department, (v) the theft of state property, (vi) violation of the criminal
laws involving child pornography and sexually explicit visual material involving
children, (vii) the practice of law without being duly authorized or licensed or
the illegal practice of law, (viii) violations of &#xA7; 3.2-4212 or
58.1-1008.2, (ix) with the concurrence of the local attorney for the
Commonwealth, violations of the Virginia Computer Crimes Act (&#xA7; 18.2-152.1
et seq.), (x) with the concurrence of the local attorney for the Commonwealth,
violations of the Air Pollution Control Law (&#xA7; 10.1-1300 et seq.), the
Virginia Waste Management Act (&#xA7; 10.1-1400 et seq.), and the State Water
Control Law (&#xA7; 62.1-44.2 et seq.), (xi) with the concurrence of the local
attorney for the Commonwealth, violations of Chapters 2 (&#xA7; 18.2-18 et
seq.), 3 (&#xA7; 18.2-22 et seq.), and 10 (&#xA7; 18.2-434 et seq.) of Title
18.2, if such crimes relate to violations of law listed in clause (x) of this
subsection, (xii) with the concurrence of the local attorney for the
Commonwealth, criminal violations by Medicaid providers or their employees in
the course of doing business, or violations of Chapter 13 (&#xA7; 18.2-512 et
seq.) of Title 18.2, in which cases the Attorney General may leave the
prosecution to the local attorney for the Commonwealth, or he may institute
proceedings by information, presentment or indictment, as appropriate, and
conduct the same, (xiii) with the concurrence of the local attorney for the
Commonwealth, violations of Article 9 (&#xA7; 18.2-246.1 et seq.) of Chapter 6
of Title 18.2, (xiv) with the concurrence of the local attorney for the
Commonwealth, assisting in the prosecution of violations of &#xA7;&#xA7;
18.2-186.3 and 18.2-186.4, (xv) with the concurrence of the local attorney for
the Commonwealth, assisting in the prosecution of violations of &#xA7;
18.2-46.2, 18.2-46.3, or 18.2-46.5 when such violations are committed on the
grounds of a state correctional facility, and (xvi) with the concurrence of the
local attorney for the Commonwealth, assisting in the prosecution of violations
of Article 10 (&#xA7; 18.2-246.6 et seq.) of Chapter 6 of Title 18.2.
			In all other criminal cases in the circuit courts, except where the law
provides otherwise, the authority of the Attorney General to appear or
participate in the proceedings shall attach when the appellate court receives
the record after a notice of appeal has been filed with the clerk of the circuit
court noting an appeal to the Court of Appeals or the Supreme Court. In all
criminal cases before the Court of Appeals or the Supreme Court in which the
Commonwealth is a party or is directly interested, the Attorney General shall
appear and represent the Commonwealth upon receipt of the record in the
appellate court, unless, and with the consent of the Attorney General, the
attorney for the Commonwealth who prosecuted the underlying criminal case files
a notice of appearance to represent the Commonwealth in any such appeal.
However, in an appeal regarding bail, bond, or recognizance pursuant to Article
1 (&#xA7; 19.2-119 et seq.) of Chapter 9 of Title 19.2 or subsection B of &#xA7;
19.2-398, the attorney for the Commonwealth who prosecuted the underlying
criminal case shall continue to represent the Commonwealth on appeal.

B. The Attorney General shall, upon request of a person who was the victim of a
crime and subject to such reasonable procedures as the Attorney General may
require, ensure that such person is given notice of the filing, of the date,
time and place and of the disposition of any appeal or habeas corpus proceeding
involving the cases in which such person was a victim. For the purposes of this
section, a victim is an individual who has suffered physical, psychological or
economic harm as a direct result of the commission of a crime; a spouse, child,
parent or legal guardian of a minor or incapacitated victim; or a spouse, child,
parent or legal guardian of a victim of a homicide. Nothing in this subsection
shall confer upon any person a right to appeal or modify any decision in a
criminal, appellate or habeas corpus proceeding; abridge any right guaranteed by
law; or create any cause of action for damages against the Commonwealth or any
of its political subdivisions, the Attorney General or any of his employees or
agents, any other officer, employee or agent of the Commonwealth or any of its
political subdivisions, or any officer of the court.

HISTORY: Code 1950, § 2-90; 1958, c. 235; 1966, c. 677, § 2.1-124; 1974, c.
490; 1975, c. 42; 1984, c. 703; 1993, c. 866; 1995, cc. 565, 839; 1997, c. 801;
1998, cc. 507, 510; 2000, c. 239; 2001, c. 844; 2002, cc. 588, 623; 2003, c.
103; 2004, cc. 450, 883, 996; 2007, c. 409; 2009, c. 847; 2021, Sp. Sess. I, c.
489; 2023, cc. 314, 315.