SB 1355 would require all attorneys for the Commonwealth to provide discovery materials to defense counsel by electronic means in all courts, unless the materials are legally prohibited from being distributed electronically or cannot be provided that way. The bill creates a new article in Title 19.2 of the Code of Virginia governing electronic discovery in criminal cases and directs the Supreme Court of Virginia to adopt implementing rules by July 1, 2027.
The bill also delays the operative date of the new requirement until January 1, 2028, and requires the Executive Secretary of the Compensation Board to convene a work group to study the operational and technology costs of implementation. That work group must include prosecutors, indigent defense representatives, trial lawyers, state police, budget staff, and other stakeholders, and must report interim findings by November 30, 2025, and a final report by August 1, 2026.
Impact
This bill would amend the Code of Virginia by adding § 19.2-264.15 and establishing a statewide electronic-discovery requirement for criminal cases handled by Commonwealth’s attorneys. It would affect prosecutors, defense counsel, courts, and criminal justice agencies by standardizing how discovery is delivered and by potentially reducing paper-based exchange, while also requiring courts and agencies to adapt their procedures and technology systems. The bill further requires rulemaking by the Supreme Court of Virginia and a cost study/reporting process before the requirement takes effect.
Sentiment
The available vote history suggests broad support for the concept, with the bill being incorporated by the Courts of Justice committee on a 14-0 vote. No committee transcript is provided, but the unanimous vote indicates little visible opposition at that stage. The inclusion of a delayed effective date and a mandated cost study also suggests an effort to build consensus around implementation concerns.
Contention
The main points of potential contention are practical rather than ideological: whether prosecutors and related agencies can reliably provide discovery electronically in every case, what exceptions should apply for legally restricted or technically infeasible materials, and what the implementation costs will be. Stakeholders likely to focus on these issues include Commonwealth’s attorneys, indigent defense counsel, state police, and budget officials, all of whom are named in the required work group. The bill’s delayed effective date and reporting requirements appear designed to address these operational and fiscal concerns.