Virginia 2023 Regular Session

Virginia Senate Bill SB902

Introduced
1/5/23  

Caption

Attorney General; instituting or conducting criminal prosecutions.

Impact

The implications of SB902 are significant as it limits the Attorney General's ability to intervene in most criminal cases unless they meet specified criteria. This aims to strengthen local prosecutorial power and ensure that the Attorney General's focus remains on severe and complex crimes. One notable impact is the potential for increased workloads and responsibilities for local commonwealth attorneys, as they will now handle a broader range of cases without the potential support of the Attorney General's office. This decentralization of prosecutorial authority may lead to variations in enforcement and legal outcomes across different jurisdictions.

Summary

SB902 amends the Code of Virginia, specifically ยง2.2-511, which outlines the authority of the Attorney General in conducting criminal prosecutions. The bill establishes that unless specifically requested by the Governor, the Attorney General shall not have the authority to institute or conduct criminal prosecutions in circuit courts of the Commonwealth except for specific offenses such as violations of the Alcoholic Beverage Control Act, election laws, and serious crimes against children among others. This change is aimed at clarifying the limited scope of the Attorney General's prosecutorial power.

Contention

While SB902 may streamline prosecutorial responsibilities, the bill also raises concerns around access to justice for victims. Critics argue that limiting the Attorney General's role could leave significant gaps in the prosecution of certain types of crimes, particularly those that may require state-level intervention due to their complexity or severity. Additionally, there is apprehension regarding how this change could affect the prosecution of cases that overlap with state regulatory frameworks, particularly in areas like environmental law and consumer protection. These issues reflect a broader debate about the appropriate balance of power between state and local authorities within the legal system.

Companion Bills

No companion bills found.

Previously Filed As

VA SB197

Attorney General; instituting or conducting criminal prosecutions.

VA HB2279

Attorney General; prosecuting violations of criminal law related to human/sex trafficking offenses.

VA HB1556

Authority of Attorney General; criminal cases; criminal sexual assault and commercial sex trafficking committed against children.

VA SB1028

In Office of Attorney General, further providing for legal advice and civil matters and for criminal prosecutions.

VA SB604

Crimes and Offenses; the Attorney General concurrent jurisdiction with district attorneys to conduct criminal prosecutions of violent crimes, illegal immigration offenses, and fentanyl offenses; provide

VA HB2401

Relating to revising the criminal code generally

VA HB2347

Limitation of prosecutions; false entries or destruction of records by officers.

VA SB1026

Crim. sex. assault & commercial sex trafficking committed against children; authority of Attor. Gen.

VA HB2694

Criminal sexual assault against a minor; capital murder, death penalty, etc.

VA HB1942

Financial institutions; regulation of money transmitters, penalty, effective date.

Similar Bills

VA SB197

Attorney General; instituting or conducting criminal prosecutions.

VA SB1026

Crim. sex. assault & commercial sex trafficking committed against children; authority of Attor. Gen.

VA HB2279

Attorney General; prosecuting violations of criminal law related to human/sex trafficking offenses.

VA HB1556

Authority of Attorney General; criminal cases; criminal sexual assault and commercial sex trafficking committed against children.

PA SB1028

In Office of Attorney General, further providing for legal advice and civil matters and for criminal prosecutions.

PA HB703

A Joint Resolution proposing integrated amendments to the Constitution of the Commonwealth of Pennsylvania, providing for the election and qualifications of the Secretary of the Commonwealth.

PA HB2051

Providing for liability for false claims, for adoption of congressional intent of the Federal False Claims Act, for damages, costs and civil penalties, for powers of Attorney General, for qui tam actions and for civil investigative demands.

PA SB38

Providing for liability for false claims, for adoption of congressional intent of the Federal False Claims Act, for damages, costs and civil penalties, for powers of Attorney General, for qui tam actions and for civil investigative demands.