19.2-212 - Provision for court reporter; use and disposition of notes, tapes and transcriptions.
§ 19.2-212. Provision for court reporter; use and disposition of notes, tapesand transcriptions.
A. A court reporter shall be provided for a special grand jury to record,manually or electronically, and transcribe all oral testimony taken before aspecial grand jury, but such reporter shall not be present during any stageof its deliberations. The notes, tapes and transcriptions of the reporter arefor the sole use of the special grand jury, and the contents thereof shallnot be divulged by anyone except as hereinafter provided. After the specialgrand jury has completed its use of the notes, tapes and transcriptions, theforeman shall cause them to be sealed, the container dated, and delivered tothe court.
The court shall cause the sealed container to be kept safely. If any witnesstestifying before the special grand jury is prosecuted subsequently forperjury, the court, on motion of either the attorney for the Commonwealth orthe defendant, shall permit them both to have access to the testimony givenby the defendant when a witness before the special grand jury, and thetestimony shall be admissible in the perjury case.
If no prosecution for perjury is instituted within three years from the dateof the report of the special grand jury, the court shall cause the sealedcontainer to be destroyed; however, on motion of the attorney for theCommonwealth, the court may extend the time period for destruction if thegrand jury was impanelled at the request of the attorney for the Commonwealth.
B. Upon motion to the presiding judge, the attorney for the Commonwealthshall be permitted to review any evidence that was presented to the specialgrand jury, and shall be permitted to make notes and to duplicate portions ofthe evidence as he deems necessary for use in a criminal investigation orproceeding. The attorney for the Commonwealth shall maintain the secrecy ofall information obtained from a review or duplication of the evidencepresented to the special grand jury. Upon motion to the presiding judge by aperson indicted after a special grand jury investigation, similar permissionto review, note or duplicate evidence shall be extended if it appears thatthe permission is consistent with the ends of justice and is necessary toreasonably inform such person of the nature of the evidence to be presentedagainst him, or to adequately prepare his defense.
(1975, c. 495; 2001, c. 4; 2003, c. 96; 2008, c. 644.)