At the conclusion of its investigation and deliberation, a special grand jury impanelled by the court on its own motion or on recommendation of a regular grand jury shall file a report of its findings with the court, including therein any recommendations that it may deem appropriate, after which it shall be discharged. Such report shall be sealed and not open to public inspection, other than by order of the court.
A majority, but not less than five, of the members of a special grand jury convened upon request of the attorney for the Commonwealth must concur in order to return a "true bill" of indictment. A "true bill" may be returned upon the testimony of, or evidence produced by, any witness who was called by the grand jury, upon evidence presented or sent to it.
1975, c. 495; 1978, c. 638; 2001, c. 4.
Notes of Decisions
Cited in
4
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 6× “While it is unclear from the record whether the special grand jury report recommended that the matter be referred to a regular grand jury for indictment, Code § 19.2-213, we assume from what transpired that the report did so recommend.”
Mark M. Whitaker v. Commonwealth of Virginia, No. 1686181 (Va. Ct. App. Dec. 10, 2019).
· cites it 11× “Second, appellant argues that, pursuant to Code § 19.2-213, the special grand jury was required to make a written report of its findings before returning the true bills of indictment.”
Johnson v. Ortiz, 721 F. Supp. 3d 418 (E.D. Va. 2024).
· cites it 3× “Va. Code § 19.2-213. Detective Ortiz argues that she had “no legal authority to convene the special grand jury which issued the true bill of indictment against Johnson,” because a “special grand jury can only be convened by the court, certain members of the regular grand jury,…”
In re Special Grand Jury Report, 54 Va. Cir. 482 (Roanoke County Cir. Ct. 2001).
· cites it 3× “The motions are filed pursuant to Code of Virginia (1950 as amended) § 19.2-213, which vests the trial court with the discretion to unseal and release a report filed by a* special grand juty.”
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