HB 787

            
2020 SESSION

20102657D

HOUSE BILL NO. 787 

House Amendments in [ ] � February 5, 2020

A BILL to amend and reenact � 19.2-215.1 of the Code of
Virginia, relating to grand jury; hate crimes.

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Patron Prior to Engrossment--Delegate Bagby 

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Referred to Committee for Courts of Justice 

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Be it enacted by the General Assembly of Virginia:

1. That � 19.2-215.1 of the Code of Virginia is amended and
reenacted as follows:

� 19.2-215.1. Functions of a multi-jurisdiction grand jury.

The functions of a multi-jurisdiction grand jury are:

1. To investigate any condition that involves or tends to
promote criminal violations of:

a. Title 10.1 for which punishment as a felony is authorized;

b. � 13.1-520;

c. �� 18.2-47 and 18.2-48;

d. �� 18.2-111 and 18.2-112;

e. Article 6 (� 18.2-59 et seq.) of Chapter 4 of Title 18.2;

f. Article 7.1 (� 18.2-152.1 et seq.) of Chapter 5 of Title
18.2;

g. Article 1 (� 18.2-247 et seq.) and Article 1.1 (�
18.2-265.1 et seq.) of Chapter 7 of Title 18.2;

h. Article 1 (� 18.2-325 et seq.) and Article 1.1:1 (�
18.2-340.15 et seq.) of Chapter 8 of Title 18.2, Chapter 29 (� 59.1-364 et
seq.) of Title 59.1 or any other provision prohibiting, limiting, regulating,
or otherwise affecting gaming or gambling activity;

i. � 18.2-434, when violations occur before a
multi-jurisdiction grand jury;

j. Article 2 (� 18.2-438 et seq.) and Article 3 (� 18.2-446 et
seq.) of Chapter 10 of Title 18.2;

k. � 18.2-460 for which punishment as a felony is authorized;

l. Article 1.1 (� 18.2-498.1 et seq.) of Chapter 12 of Title
18.2;

m. Article 1 (� 32.1-310 et seq.) of Chapter 9 of Title 32.1;

n. Chapter 4.2 (� 59.1-68.6 et seq.) of Title 59.1;

o. Article 9 (� 3.2-6570 et seq.) of Chapter 65 of Title 3.2;

p. Article 1 (� 18.2-30 et seq.) of Chapter 4 of Title 18.2;

q. Article 2.1 (� 18.2-46.1 et seq.) and Article 2.2 (�
18.2-46.4 et seq.) of Chapter 4 of Title 18.2;

r. Article 5 (� 18.2-186 et seq.) and Article 6 (� 18.2-191 et
seq.) of Chapter 6 of Title 18.2;

s. Chapter 6.1 (� 59.1-92.1 et seq.) of Title 59.1;

t. � 18.2-178 where the violation involves insurance fraud;

u. � 18.2-346, 18.2-348, or 18.2-349 for which punishment as a
felony is authorized or � 18.2-355, 18.2-356, 18.2-357, or 18.2-357.1;

v. Article 9 (� 18.2-246.1 et seq.) of Chapter 6 of Title
18.2;

w. Article 2 (� 18.2-38 et seq.) of Chapter 4 of Title 18.2;

x. Malicious felonious assault and malicious bodily wounding
under Article 4 (� 18.2-51 et seq.) of Chapter 4 of Title 18.2;

y. Article 5 (� 18.2-58 et seq.) of Chapter 4 of Title 18.2;

z. Felonious sexual assault under Article 7 (� 18.2-61 et
seq.) of Chapter 4 of Title 18.2;

aa. Arson in violation of � 18.2-77 when the structure burned
was occupied or a Class 3 felony violation of � 18.2-79;

ab. Chapter 13 (� 18.2-512 et seq.) of Title 18.2;

ac. � 18.2-246.14 and Chapter 10 (� 58.1-1000 et seq.) of
Title 58.1; and

ad. Subsection A or B of � 18.2-57 where the victim was
selected because of his race, religious conviction, [ gender, disability,
gender identity, sexual orientation, ] color, or national origin;

ae. � 18.2-121 for which punishment as a felony is
authorized;

af. Article 5 (� 18.2-420 et seq.) of Chapter 9 of Title
18.2; and

ag. Any other provision of law when such condition is discovered
in the course of an investigation that a multi-jurisdiction grand jury is
otherwise authorized to undertake and to investigate any condition that
involves or tends to promote any attempt, solicitation, or conspiracy to
violate the laws enumerated in this section.

2. To report evidence of any criminal offense enumerated in
subdivision 1 and for which a court reporter has recorded all oral testimony as
provided by � 19.2-215.9 to the attorney for the Commonwealth or United States
attorney of any jurisdiction where such offense could be prosecuted or
investigated, or to the chief law-enforcement officer of any jurisdiction where
such offense could be prosecuted or investigated, or to a sworn investigator
designated pursuant to � 19.2-215.6, or, when appropriate, to the Attorney
General.

3. To consider bills of indictment prepared by a special
counsel to determine whether there is sufficient probable cause to return each
such indictment as a "true bill." Only bills of indictment which
allege an offense enumerated in subdivision 1 may be submitted to a
multi-jurisdiction grand jury.

4. The provisions of this section shall not abrogate the
authority of an attorney for the Commonwealth in a particular jurisdiction to
determine the course of a prosecution in that jurisdiction.