Attorney General; instituting or conducting criminal prosecutions.
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.
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.
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.