A. Special grand juries may be impanelled by a circuit court (i) at any time upon its own motion, (ii) upon recommendation of a minority of the members of a regular grand jury that a special grand jury be impanelled, to perform the functions provided for in subdivision (2) of § 19.2-191, or (iii) upon request of the attorney for the Commonwealth to investigate and report on any condition that involves or tends to promote criminal activity and consider bills of indictment to determine whether there is sufficient probable cause to return each such indictment as a "true bill."
B. A special grand jury shall be impanelled by a circuit court upon the recommendation of a majority of the members of a regular grand jury if the court finds probable cause to believe that a crime has been committed which should be investigated by a special grand jury impanelled to perform the functions provided for in subdivision (2) of § 19.2-191.
Code 1950, § 19.1-149; 1960, c. 366; 1975, c. 495; 1978, c. 741; 1980, c. 134; 1987, c. 136; 2001, c. 4.
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 1990–2024 · leading case:
Vihko v. Commonwealth, 393 S.E.2d 413 (Va. Ct. App. 1990).
Vihko v. Commonwealth, 393 S.E.2d 413 (Va. Ct. App. 1990).
· cites it 2× “See Code §§ 19.2-206 - 19.2-215. *502 We first consider whether the alleged grand jury improprieties violated statutes or case law.”
Johnson v. Ortiz, 721 F. Supp. 3d 418 (E.D. Va. 2024).
· cites it 9× “See Va. Code § 19.2-206. As the Court explained in Rehberg: [I]t is almost always a prosecutor who is responsible for the decision to present a case to a grand jury, and in many jurisdictions, even if an indictment is handed up, a prosecution cannot proceed unless the prosecutor…”
Commonwealth v. Morrissey, 89 Va. Cir. 191 (Henrico Cir. Ct. 2014).
· cites it 4× “2 in harmony with one another, the Court finds that § 19.2-206 authorizes a special grand jury to consider and to hand down *192 a true bill against an individual.”
In re Special Grand Jury Report, 54 Va. Cir. 482 (Roanoke County Cir. Ct. 2001).
“*483 Background On October 27,1999, a Special Grand Jury (“Jury”) was impaneled by order of the Circuit Court of Roanoke County pursuant to Code of Virginia (1950 as amended) § 19.2-206 for the purpose of investigating alleged malfeasance and nonfeasance by members of the Town…”
Va. Code Ann. § 19.2-206(A)(iii): 2 cases
Commonwealth v. Morrissey, 89 Va. Cir. 191 (Henrico Cir. Ct. 2014).
“2 in harmony with one another, the Court finds that § 19.2-206 authorizes a special grand jury to consider and to hand down *192 a true bill against an individual.”
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