Be it enacted by the General Assembly of Virginia:
1. That § 19.2-212 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-212. Provision for court reporter; use and disposition of notes, tapes and 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 a
special grand jury, but such reporter shall not be present during any stage of
its deliberations. The notes, tapes and transcriptions of the reporter are for
the sole use of the special grand jury, and the contents thereof shall not be
divulged by anyone except as hereinafter provided. After the special grand jury
has completed its use of the
The court shall cause the sealed container to be kept safely. If any witness
testifying before the special grand jury is prosecuted subsequently for
perjury, the court, on motion of either the attorney for the Commonwealth or
the defendant, shall permit them both to have access to the testimony given by
the defendant when a witness before the special grand jury, and the
If no prosecution for perjury is instituted within three years from the date of the report of the special grand jury, the court shall cause the sealed container to be destroyed; however, on motion of the attorney for the Commonwealth, the court may extend the time period for destruction if the grand jury was impanelled at the request of the attorney for the Commonwealth.
B. Upon motion to the presiding judge, the attorney for the Commonwealth shall be permitted to review any evidence that was presented to the special grand jury, and shall be permitted to make notes and to duplicate portions of the evidence as he deems necessary for use in a criminal investigation or proceeding. The attorney for the Commonwealth shall maintain the secrecy of all information obtained from a review or duplication of the evidence presented to the special grand jury. Upon motion to the presiding judge by a person indicted by a special grand jury, similar permission to review, note or duplicate evidence shall be extended if it appears that the permission is consistent with the ends of justice and is necessary to reasonably inform such person of the nature of the evidence to be presented against him, or to adequately prepare his defense.