2025 SESSION

HOUSE SUBSTITUTE

25106041D

HOUSE BILL NO. 1630

AMENDMENT IN THE NATURE OF A SUBSTITUTE

(Proposed by the House Committee for Courts of Justice

on January 24, 2025)

(Patron Prior to Substitute—Delegate Keys-Gamarra)

A BILL to amend the Code of Virginia by adding in Chapter 15 of Title 19.2 an article numbered 4.3, consisting of a section numbered 19.2-264.15, relating to discovery; electronic means.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Chapter 15 of Title 19.2 an article numbered 4.3, consisting of a section numbered 19.2-264.15, as follows:

Article 4.3.

Electronic Discovery.

§ 19.2-264.15. Discovery; electronic means.

A. As used in this section, "electronic means" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities and includes the use of a flash drive, thumb drive, disc drive, PDF transmitted via email, or electronic file sharing.

B. If discovery is requested by counsel of record for the accused, the Commonwealth shall provide such discovery by electronic means unless (i) such counsel of record requests a physical copy or (ii) such material is prohibited from being distributed by law or impossible to provide by electronic means. If such material is impossible to provide by electronic means, the Commonwealth shall provide a physical copy unless such material is prohibited from being distributed by law.

C. In any district court, the attorney for the Commonwealth shall provide to counsel of record for the accused, if requested, a copy of any police report related to the case charged in the manner provided for in subsection B at least 10 days prior to the date the case is set for trial.