9.1-1104 - Rights of accused person or his attorney to results of investigation or to investigation. - Virginia Statutes

§ 9.1-1104. Rights of accused person or his attorney to results ofinvestigation or to investigation.

Upon the request of any person accused of a crime or upon the request of anaccused person's attorney, the Department or the Division of ConsolidatedLaboratory Services shall furnish to the accused or his attorney the resultsof any investigation that has been conducted by it and that is related in anyway to a crime for which the person is accused. In any case in which anattorney of record for a person accused of violation of any criminal law ofthe Commonwealth, or the accused, may desire a scientific investigation, heshall, by motion filed before the court in which the charge is pending,certify that in good faith he believes that a scientific investigation may berelevant to the criminal charge. The motion shall be heard ex parte as soonas practicable, and the court shall, after a hearing upon the motion andbeing satisfied as to the correctness of the certification, order that thesame be performed by the Department or the Division of ConsolidatedLaboratory Services and shall prescribe in its order the method of custody,transfer, and return of evidence submitted for scientific investigation. Uponthe request of the attorney for the Commonwealth of the jurisdiction in whichthe charge is pending, he shall be furnished the results of the scientificinvestigation.

(2005, cc. 868, 881.)