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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>

2026-07-06 17:28:36 -04:00

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legislature

session

identifier

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Bill

Criminal cases; ex parte requests for expert assistance.

Ex parte requests for expert assistance in criminal cases. Provides that in any case in which a defendant is charged with a felony offense or a Class 1 misdemeanor and determined to be indigent by the court, the defendant or his attorney, upon notice to the Commonwealth, may move the court to designate another judge in the same circuit to hear an ex parte request for appointment of a qualified expert to assist in the defense. For a motion for expert assistance, the bill requires a defendant or his attorney to state under oath or in a sworn declaration that a need for confidentiality exists. Upon receiving the defendant's or his attorney's declaration of need for confidentiality, the court is required to conduct an ex parte hearing as soon as practicable on the request for authorization to obtain expert assistance. After a hearing upon the motion, the court is required to authorize the defendant or his attorney to obtain expert assistance upon a showing that the requested assistance would materially assist the defendant and that the denial of such services would result in a fundamentally unfair trial.Under current law, in a capital case, a defendant or his attorney is required to show, in an adversarial proceeding before the trial judge, a particularized need for confidentiality of the request for expert assistance. Upon a finding, by clear and convincing evidence, that a particularized need for confidentiality of the expert services exists, the court holds an ex parte hearing and may order the appointment of a qualified expert upon a showing that the provision of the requested expert services would materially assist the defendant in preparing his defense and the lack of such confidential assistance would result in a fundamentally unfair trial. There is no such procedure to appoint a qualified expert in noncapital cases.

us/states/va

Virginia General Assembly

2020

HB 824

Virginia HB 824 (2020)

bill

enacted

Patrick A. Hope

2020-01-07

2020-04-10

openstates

ocd-bill/6e4cdaa5-6ef4-4967-acfb-eb052475deda

https://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+HB824

380ae3ca9bfb2692cbd4b300f10c305c183f8be33257f938c3ffd45af719830d

2026-07-01

https://data.openstates.org/daily/2026-07-01/public.pgdump

2026-07-06

reported

legislation

bill

us-va

Virginia HB 824 (2020) — Criminal cases; ex parte requests for expert assistance.

Version chain

The bill's text revisions, in order — the diff chain from filing to enrollment.

Acts of Assembly Chapter text (CHAP1124) (committee substitute) — source
Bill text as passed House and Senate (HB824ER) (committee substitute) — source
Engrossed by House - committee substitute HB824H1 (committee substitute) — source
Engrossed by House - committee substitute HB824H1 (committee substitute) — source
Impact statement from DPB (HB824S1) (committee substitute) — source

Votes

Passed Senate with substitute (35-Y 5-N) — 35–5 (pass) · upper
Constitutional reading dispensed (32-Y 0-N) — 32–0 (pass) · upper
VOTE: Adoption (87-Y 12-N) — 86–12 (pass) · lower
VOTE: REJECTED (0-Y 97-N) — 0–96 (fail) · lower
Reported from Judiciary with substitute (12-Y 2-N) — 12–2 (pass) · upper
Conference report agreed to by Senate (37-Y 3-N) — 37–3 (pass) · upper
Subcommittee recommends reporting with substitute (6-Y 1-N) — 6–1 (pass) · lower
Reported from Courts of Justice with substitute (15-Y 2-N) — 15–2 (pass) · lower
Senate insisted on substitute (38-Y 0-N) — 38–0 (pass) · upper
Reconsideration of conference report agreed to by Senate (40-Y 0-N) — 40–0 (pass) · upper
VOTE: Passage (93-Y 6-N) — 92–6 (pass) · lower
Conference report agreed to by Senate (34-Y 5-N) — 34–5 (pass) · upper

Timeline

The legislative action history — every referral, reading, and vote.

2020-01-07 Prefiled and ordered printed; offered 01/08/20 20105153D introduction
2020-01-07 Referred to Committee for Courts of Justice referral-committee
2020-01-28 Assigned Courts sub: Criminal referral-committee
2020-02-06 House subcommittee amendments and substitutes offered
2020-02-06 Subcommittee recommends reporting with substitute (6-Y 1-N)
2020-02-07 Reported from Courts of Justice with substitute (15-Y 2-N) committee-passage
2020-02-07 Committee substitute printed 20107597D-H1 substitution
2020-02-09 Read first time reading-1
2020-02-10 Read second time reading-2
2020-02-10 Committee substitute agreed to 20107597D-H1
2020-02-10 Engrossed by House - committee substitute HB824H1
2020-02-11 Read third time and passed House (93-Y 6-N) passage, reading-3
2020-02-11 VOTE: Passage (93-Y 6-N)
2020-02-12 Constitutional reading dispensed
2020-02-12 Referred to Committee on the Judiciary referral-committee
2020-02-19 Reported from Judiciary with substitute (12-Y 2-N) committee-passage
2020-02-19 Committee substitute printed 20108750D-S1 substitution
2020-02-21 Impact statement from DPB (HB824S1)
2020-02-21 Constitutional reading dispensed (32-Y 0-N)
2020-02-24 Read third time reading-3
2020-02-24 Reading of substitute waived
2020-02-24 Committee substitute agreed to 20108750D-S1
2020-02-24 Engrossed by Senate - committee substitute HB824S1
2020-02-24 Passed Senate with substitute (35-Y 5-N) passage
2020-02-26 Placed on Calendar
2020-02-26 Senate substitute rejected by House 20108750D-S1 (0-Y 97-N)
2020-02-26 VOTE: REJECTED (0-Y 97-N)
2020-02-28 Senate insisted on substitute (38-Y 0-N)
2020-02-28 Senate requested conference committee
2020-03-02 House acceded to request
2020-03-02 Conferees appointed by House
2020-03-03 Conferees appointed by Senate
2020-03-05 Amended by conference committee
2020-03-05 Conference report agreed to by House (87-Y 12-N)
2020-03-05 VOTE: Adoption (87-Y 12-N)
2020-03-07 Conference report agreed to by Senate (37-Y 3-N)
2020-03-07 Reconsideration of conference report agreed to by Senate (40-Y 0-N)
2020-03-08 Conference report agreed to by Senate (34-Y 5-N)
2020-03-18 Enrolled
2020-03-18 Signed by President
2020-03-19 Signed by Speaker
2020-03-20 Impact statement from DPB (HB824ER)
2020-03-20 Enrolled Bill communicated to Governor on March 20, 2020
2020-03-20 Governor's Action Deadline 11:59 p.m., April 11, 2020
2020-04-10 Approved by Governor-Chapter 1124 (effective 7/1/20) executive-signature

Source

OpenStates / OpenCivicData bulk snapshot 2026-07-01; origin ocd-bill/6e4cdaa5-6ef4-4967-acfb-eb052475deda. Confidence: reported (aggregated from official Virginia legislature records).

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