                                 CODE OF VIRGINIA

RIGHTS OF ACCUSED PERSON OR HIS ATTORNEY TO RESULTS OF INVESTIGATION OR TO
INVESTIGATION (§ 9.1-1104)

Upon the request of any person accused of a crime or upon the request of an
accused person&#8217;s attorney, the Department or the Division of Consolidated
Laboratory Services shall furnish to the accused or his attorney the results of
any investigation that has been conducted by it and that is related in any way
to a crime for which the person is accused. In any case in which an attorney of
record for a person accused of violation of any criminal law of the
Commonwealth, or the accused, may desire a scientific investigation, he shall,
by motion filed before the court in which the charge is pending, certify that in
good faith he believes that a scientific investigation may be relevant to the
criminal charge and that the Department or the Division of Consolidated
Laboratory Services has indicated it has a methodology to perform the requested
scientific investigation. The motion shall be heard ex parte as soon as
practicable, and the court shall, after a hearing upon the motion and being
satisfied as to the correctness of the certification, order that the same be
performed by the Department or the Division of Consolidated Laboratory Services
and shall prescribe in its order the method of custody, transfer, and return of
evidence submitted for scientific investigation. Upon the request of the
attorney for the Commonwealth of the jurisdiction in which the charge is
pending, he shall be furnished the results of the scientific investigation.

HISTORY: 2005, cc. 868, 881; 2024, c. 210.