Title 5 — Judicial Procedure
63 chapters · 721 sections in this title.
5 V.I.C. § 3903 Persons authorized to serve search warrant
0.3K chars
A search warrant may in all cases be served by any of the officers mentioned in its direction or by an officer authorized by law to serve such warrant, but by no other person, except in aid of the officer on his requiring it, he being present and acting in its execution.
5 V.I.C. § 3904 Breaking doors or windows for entry or exit
0.3K chars
The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute a search warrant, if, after notice of his authority and purpose, he is refused admittance or when necessary to liberate himself or a person aiding him …
5 V.I.C. § 3905 Disposition of property
0.5K chars
When the property is delivered to the judge, he must, if it was stolen or embezzled, dispose of it as provided in chapter 337 of this title. If it was taken on a warrant issued on the grounds stated in section 3902 of this title he must retain it in his possession, subject to the…
5 V.I.C. § 3906 Search of defendant at preliminary examination
0.4K chars
When a person charged with a felony is supposed by the judge, before whom he is brought to have on his person a dangerous weapon, or anything which may be used as evidence of the commission of the offense, the judge may direct him to be searched in his presence, and the weapon or…
5 V.I.C. § 3910 Purpose; HIV testing; and inadmissibility of test results
4.3K chars
(a) For purposes of this chapter:(1) “HIV” means Human Immunodeficiency Virus identified as the causative agent of Acquired Immunodeficiency Syndrome (“AIDS”), a condition in which the body's immune system fails and life threatening illnesses develop.(2) “Sexual offense” means:(A…
5 V.I.C. § 3911 Post-conviction testing; notice to victim; request of victim; disclosure of test results; counseling and referral
4.8K chars
(a) In all cases in which a defendant has been convicted of a sexual offense, the prosecutor shall advise the victim of his right to request the testing of the convicted person's blood for the presence of HIV antibodies. To assist the victim of the sexual offense in determining w…
5 V.I.C. § 3912 Testing during incarceration and disclosure of HIV test results
0.8K chars
Except as otherwise requested by the victim, if the initial HIV test is conducted within the first two years of a convicted perpetrator's imprisonment, the request for disclosure is considered a standing request for any subsequent HIV test results obtained within two years after …
5 V.I.C. § 3941 Custody by peace officer
0.2K chars
When property alleged to have been stolen or embezzled comes into the custody of a peace officer, he shall hold it subject to the order of the court as provided in this chapter.
5 V.I.C. § 3942 Delivery to owner
0.3K chars
On satisfactory proof of title of the owner of the property, the court which hears the charge must order it to be delivered to the owner or his duly authorized agent, on his paying the reasonable and necessary expenses incurred in its preservation, to be ascertained and certified…
5 V.I.C. § 3943 Failure to file charge
0.3K chars
If no charge is filed against any person in relation to property alleged to have been stolen or embezzled, the judge who examines the charge against the person accused of the crime shall order it to be delivered to the owner or his duly authorized agent on like proof and conditio…
5 V.I.C. § 3944 Scope of order; rights of third persons
0.3K chars
The order provided for in sections 3942 and 3943 of this title entitles the owner or his agent to demand and receive the possession of the property from the officer having it in custody, and authorizes such officer to deliver it accordingly, but does not affect the rights of thir…
5 V.I.C. § 3945 Money or property taken from arrested person
0.4K chars
When money or other property is taken from a person arrested upon a charge of crime, the officer taking it shall at the time give duplicate receipts therefor, specifying particularly the amount of money or kind of property taken, one of which receipts he shall deliver to the pers…
5 V.I.C. § 3946 Unclaimed property
0.6K chars
If the property stolen or embezzled is not claimed by the owner before the expiration of one year from the conviction of the person for stealing or embezzling it, and after publication, the officer having it in custody shall, if it is money, pay it to the clerk of the district co…
5 V.I.C. § 3981 Means for prevention of crimes
0.4K chars
(1) Crimes may be prevented by the intervention of the officers of justice —(1) by requiring security to keep the peace;(2) by requiring the police force of the Virgin Islands to attend at exposed places; and(3) by suppressing riots. (1) by requiring security to keep the peace; (…
5 V.I.C. § 3982 Persons acting by command of officers of justice
0.1K chars
When the officers of justice act in the prevention of crime, other persons who by their command act in their aid are justified in so doing.
5 V.I.C. § 4001 Complaint as to threatened crime
0.4K chars
A complaint may be laid before any judge of the Superior Court that a person has threatened to commit a crime against the person or property of another. When complaint is so made to a judge, he shall examine the complainant on oath, and reduce his statement to writing and cause t…
5 V.I.C. § 4002 Warrant of arrest
0.4K chars
If it appears to the judge that there is good reason to fear the commission of the crime threatened by the person complained of, he shall issue a warrant for the arrest of such person, which warrant shall be directed and executed as a warrant of arrest, and may be substantially i…
5 V.I.C. § 4003 Preliminary examination
0.5K chars
(a) When the person complained of is brought before the judge, if the charge is controverted he shall take the testimony in relation thereto and the evidence shall be reduced to writing and subscribed by the witness. The judge shall issue subpoenas for witnesses for the complaina…
5 V.I.C. § 4004 Discharge of defendant
0.6K chars
If from the examination it appears that there is no good reason to fear the commission of the crime alleged to have been threatened, the person complained of shall be discharged. The order for the discharge shall be indorsed upon the warrant and signed by the judge with his title…
5 V.I.C. § 4005 Holding to answer in district court
1.7K chars
(a) If there is good reason to fear the commission of the crime, the person complained of shall be held to answer as in case of felony, and the judge may admit to bail to keep the peace in the same manner as in case of felony. (b) When a judge has held a person to answer as provi…
5 V.I.C. § 4006 Proceedings in district court; undertaking to keep the peace and for good behavior
0.9K chars
(a) If the complainant does not appear at the district court when summoned, the person complained of may be discharged unless good cause to the contrary be shown. (b) If both parties appear, the district court shall hear the proofs and allegations transmitted by the judge of the …
5 V.I.C. § 4007 Breach of peace in presence of court
0.4K chars
A person who, in the presence of any court, assaults or threatens to assault another, or to commit an offense against his property, or who contends with another with angry words to the disturbance of the peace may be ordered by the court without warrant or other proof to give sec…
5 V.I.C. § 4008 Security to keep the peace after conviction
0.4K chars
The court before which any person is convicted of a crime, which by the judgment of such court is punished otherwise than by imprisonment for more than one year, may require such person to enter into an undertaking to keep the peace, as provided in section 4005(a) of this title, …
5 V.I.C. § 4021 Unlawful assembly; command to disperse
0.4K chars
When three or more persons, whether armed or not, are unlawfully or riotously assembled in any town, village or settlement or in any other place in the Virgin Islands, any marshal, deputy marshal, or any police officer or other peace officer of the Virgin Islands shall go among t…
5 V.I.C. § 4022 Arrests; aid of private persons; other measures
0.6K chars
(a) If the persons assembled do not immediately disperse, the officers must arrest them or cause them to be arrested, that they may be punished according to law, and for the purpose may command the aid of all persons present. (b) If the persons assembled and commanded to disperse…
5 V.I.C. § 4023 Killing or wounding
0.4K chars
If, in the effort to suppress or disperse any unlawful or riotous assembly, or to arrest or detain any of the persons engaged therein, any such rioters or other persons then present as spectators or otherwise are killed or wounded, the officers, and persons acting in their aid, a…
5 V.I.C. § 4051 Crimes which may be compromised
0.7K chars
(a) No crime may be compromised, nor any proceeding for the prosecution or punishment therefor stayed upon a compromise, except as provided in this chapter or other law. (b) When an information charges a misdemeanor, for which the person injured by the act constituting the crime …
5 V.I.C. § 4052 Procedure for compromise
0.6K chars
For a compromise to be effected, the party injured shall appear before the court in which the complaint or information is filed at any time before trial and acknowledge in writing that he has received satisfaction for the injury. The court may then in its discretion, on payment o…
5 V.I.C. § 4101 Definitions
7.7K chars
(a) As used in this chapter, the following terms shall have the following meanings, unless the context otherwise requires:(a) “Aggrieved person” means a person who was a party to any intercepted wire or oral communication or a person against whom the interception was directed.(b)…
5 V.I.C. § 4102 Authorization for interception of wire or oral communication
8.5K chars
(a) The Attorney General or the United States Attorney may authorize an application to a court of competent jurisdiction for, and any judge of such court may grant in conformity with this chapter, an order authorizing or approving the interception of wire or oral communications b…
5 V.I.C. § 4103 Authorization for disclosure and use of intercepted wire or oral communications
2.2K chars
(a) Any investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire or oral communication or evidence derived therefrom may disclose such contents to another investigative or law enforcement officer to …
5 V.I.C. § 4104 Procedure for interception of wire or oral communications
4.4K chars
(1) Each application for an order authorizing or approving the interception of a wire or oral communication shall be made in writing, upon oath or affirmation, to a Judge of the Superior Court or of the District Court, and shall state the applicant's authority to make such applic…
5 V.I.C. § 4105 Procedures by court upon application for electronic surveillance under this chapter
17.9K chars
(a) The Court may require the applicant to furnish additional testimony or documentary evidence in support of the application. (b) Upon such application, the Court may enter an ex parte order, as requested or as modified, authorizing or approving the interception of wire or oral …
5 V.I.C. § 4106 Unlawful to publish names of parties to intercepted communications; penalty
0.7K chars
(a) No person shall print, publish, or broadcast, or cause to be printed, published, or broadcast, in any newspaper, magazine, periodical, or other publication or from any television or radio broadcasting station, the name or identity of any person served with, or to be served wi…
5 V.I.C. § 4107 Recovery of civil damages authorized
1.0K chars
(a) Any person whose wire or oral communication is intercepted, disclosed, or used, in violation of this chapter shall have a civil cause of action against any person who intercepts, discloses or uses, or procures any other person to intercept, disclose, or use, such communicatio…
5 V.I.C. § 4201 Definitions
5.7K chars
(a) As used in this chapter, unless the context clearly requires otherwise, the following words have the following meanings:(a) “CODIS” or “Combined DNA Index System” means the Federal Bureau of Investigation's combined DNA identification Index System, which includes the storage …
5 V.I.C. § 4202 Establishment; Director
0.4K chars
(a) There is established within the Department of Justice, Office of the Attorney General, a Virgin Islands DNA Database and Databank under the supervision of a Director. (b) The Governor shall appoint the Director on the basis of knowledge and experience in the field of forensic…
5 V.I.C. § 4203 DNA sample required
1.5K chars
(a) All designated offenders shall submit a DNA sample collected by a person authorized pursuant to section 4204, subsection (b), to determine identification characteristics specific to that person and to be included in the Database. The submission of a DNA sample is not stayed p…
5 V.I.C. § 4204 Collection procedures; costs; collection materials; civil liability
1.8K chars
(a) The Director, after consultation with the Attorney General, shall establish regulations or procedures for the collection of DNA samples, including standards for training persons responsible for collection of DNA samples. (b) Only a physician, registered professional nurse, li…
5 V.I.C. § 4205 DNA analysis
1.0K chars
All DNA samples collected pursuant to section 4203, subsection (a), must be forwarded to the Director for DNA analysis. The Director may employ independent forensic laboratories to perform the DNA analysis required under section 4203, subsection (a). The Director shall provide fo…
5 V.I.C. § 4206 Quality assurance program
1.1K chars
The Director shall establish a quality assurance program that must include proficiency standards for laboratories and analysts responsible for performing DNA testing and analysis. The procedural rules and quality assurance program, laboratory techniques, laboratory equipment, sup…
5 V.I.C. § 4207 Confidentiality and disclosure
4.5K chars
(a) Records, findings, reports, and results of DNA testing, may be disclosed, upon written or electronic request, to the following persons for the following purposes:(1) the court, the prosecution and the defense in a criminal proceeding pursuant to a written request on a form pr…
5 V.I.C. § 4208 Penalties
1.0K chars
(a) Any person who, by virtue of employment or official position, has possession of, or access to, a DNA sample or record or portion of a sample record contained in the Database and who willfully discloses any portion of a record or portion of a sample or a record in any manner t…
5 V.I.C. § 4209 Expungement
2.4K chars
(a) If an individual, either voluntarily or pursuant to a warrant or order of a court, has submitted a sample for DNA testing in connection with the investigation or prosecution of a crime and (i) no criminal action against the individual relating to the crime was commenced withi…
5 V.I.C. § 4210 Petition to require testing
0.9K chars
(1) A person who was convicted of and sentenced for an offense may file a written petition with the sentencing court to require the DNA testing and analysis of any evidence that meets the following criteria:(1) The evidence is in the possession or control of a court, the Territor…
5 V.I.C. § 4211 Separability
0.3K chars
If any provision or, part of this chapter is held unconstitutional or otherwise invalid, the invalidity does not affect other provisions or application of this section which can be given effect without the invalid provision or application, and to this end the provision of this se…
5 V.I.C. § 4501 Findings and purposes
1.9K chars
(1) The Legislature hereby finds and declares that:(1) The Government has a basic obligation to protect the public by providing institutional confinement and care of offenders and, where appropriate, treatment in the community;(2) Efforts to rehabilitate and restore criminal offe…
5 V.I.C. § 4502 Definitions
3.9K chars
(a) As used in this chapter:(a) “Adult” means a person eighteen years of age or older, or a juvenile transferred from the Family Division to a Court of competent jurisdiction pursuant to section 2508 of this title, and committed to the custody of the Bureau of Corrections for inc…
5 V.I.C. § 4503 Bureau of Corrections
1.8K chars
(a) A Bureau of Corrections is continued as an independent bureau within the Executive Branch of the Government. (b) The Director of Corrections, in cooperation with the Director of Personnel, shall establish minimum qualifications standards for correctional personnel; shall deve…
5 V.I.C. § 4504 Institutions, services and administrative structure
3.9K chars
(a) The Bureau shall be completely responsible for the maintenance, supervision and administration of the following institutions and services:(1) All institutions within the Virgin Islands for the care, custody and correction of persons detained or committed for felonies or misde…