                                 CODE OF VIRGINIA

CRIME VICTIM AND WITNESS RIGHTS (§ 19.2-11.01)

A. In recognition of the Commonwealth&#8217;s concern for the victims and
witnesses of crime, it is the purpose of this chapter to ensure that the full
impact of crime is brought to the attention of the courts of the Commonwealth;
that crime victims and witnesses are treated with dignity, respect and
sensitivity; and that their privacy is protected to the extent permissible under
law. It is the further purpose of this chapter to ensure that victims and
witnesses are informed of the rights provided to them under the laws of the
Commonwealth; that they receive authorized services as appropriate; and that
they have the opportunity to be heard by law-enforcement agencies, attorneys for
the Commonwealth, corrections agencies and the judiciary at all critical stages
of the criminal justice process to the extent permissible under law. Unless
otherwise stated and subject to the provisions of § 19.2-11.1, it shall be the
responsibility of a locality&#8217;s crime victim and witness assistance program
to provide the information and assistance required by this chapter, including
verification that the standardized form listing the specific rights afforded to
crime victims has been received by the victim.
			As soon as practicable after identifying a victim of a crime, the
investigating law-enforcement agency shall provide the victim with a
standardized form listing the specific rights afforded to crime victims. The
form shall include a telephone number by which the victim can receive further
information and assistance in securing the rights afforded crime victims, the
name, address and telephone number of the office of the attorney for the
Commonwealth, the name, address and telephone number of the investigating
law-enforcement agency, and a summary of the victim&#8217;s rights under §
40.1-28.7:2.

   1. Victim and witness protection and law-enforcement contacts.
   				a. In order that victims and witnesses receive protection from harm and
   threats of harm arising out of their cooperation with law-enforcement, or
   prosecution efforts, they shall be provided with information as to the level
   of protection which may be available pursuant to &#xA7; 52-35 or to any other
   federal, state or local program providing protection, and shall be assisted in
   obtaining this protection from the appropriate authorities.				b. Victims and
   witnesses shall be provided, where available, a separate waiting area during
   court proceedings that affords them privacy and protection from intimidation,
   and that does not place the victim in close proximity to the defendant or the
   defendant&#8217;s family.

   2. Financial assistance.
   				a. Victims shall be informed of financial assistance and social services
   available to them as victims of a crime, including information on their
   possible right to file a claim for compensation from the Crime Victims&#8217;
   Compensation Fund pursuant to Chapter 21.1 (&#xA7; 19.2-368.1 et seq.) and on
   other available assistance and services.				b. Victims shall be assisted in
   having any property held by law-enforcement agencies for evidentiary purposes
   returned promptly in accordance with &#xA7;&#xA7; 19.2-270.1 and
   19.2-270.2.				c. Victims shall be advised that restitution is available for
   damages or loss resulting from an offense and shall be assisted in seeking
   restitution in accordance with &#xA7;&#xA7; 19.2-305 and 19.2-305.1, Chapter
   21.1 (&#xA7; 19.2-368.1 et seq.), Article 21 (&#xA7; 58.1-520 et seq.) of
   Chapter 3 of Title 58.1, and other applicable laws of the Commonwealth.

   3. Notices.
   				a. Victims and witnesses shall be (i) provided with appropriate employer
   intercession services to ensure that employers of victims and witnesses will
   cooperate with the criminal justice process in order to minimize an
   employee&#8217;s loss of pay and other benefits resulting from court
   appearances and (ii) advised that pursuant to &#xA7; 18.2-465.1 it is unlawful
   for an employer to penalize an employee for appearing in court pursuant to a
   summons or subpoena.				b. Victims shall receive advance notification when
   practicable from the attorney for the Commonwealth of judicial proceedings
   relating to their case and shall be notified when practicable of any change in
   court dates in accordance with &#xA7; 19.2-265.01 if they have provided their
   names, current addresses and telephone numbers.				c. Victims shall receive
   notification, if requested, subject to such reasonable procedures as the
   Attorney General may require pursuant to &#xA7; 2.2-511, from the Attorney
   General of the filing and disposition of any appeal or habeas corpus
   proceeding involving their case.				d. Victims shall be notified by the
   Department of Corrections or a sheriff or jail superintendent (i) in whose
   custody an escape, change of name, transfer, release or discharge of a
   prisoner occurs pursuant to the provisions of &#xA7;&#xA7; 53.1-133.02 and
   53.1-160 or (ii) when an accused is released on bail, if they have provided
   their names, current addresses and telephone numbers in writing. Such
   notification may be provided through the Virginia Statewide VINE (Victim
   Information and Notification Everyday) System or other similar electronic or
   automated system.				e. Victims shall be advised that, in order to protect
   their right to receive notices and offer input, all agencies and persons
   having such duties must have current victim addresses and telephone numbers
   given by the victims. Victims shall also be advised that any such information
   given shall be confidential as provided by &#xA7; 19.2-11.2.				f. Victims of
   sexual assault, as defined in &#xA7; 19.2-11.5, shall be advised of their
   rights regarding physical evidence recovery kits as provided in Chapter 1.2
   (&#xA7; 19.2-11.5 et seq.).				g. Upon the victim&#8217;s request, the victim
   shall be notified by the Commissioner of Behavioral Health and Developmental
   Services or his designee of the release of a defendant (i) who was found to be
   unrestorably incompetent and was committed pursuant to Article 5 (&#xA7;
   37.2-814 et seq.) of Chapter 8 of Title 37.2, committed pursuant to Chapter 9
   (&#xA7; 37.2-900 et seq.) of Title 37.2, or certified pursuant to &#xA7;
   37.2-806 or (ii) who was acquitted by reason of insanity and committed
   pursuant to &#xA7; 19.2-182.3.

   4. Victim input.
   				a. Victims shall be given the opportunity, pursuant to &#xA7; 19.2-299.1,
   to prepare a written victim impact statement prior to sentencing of a
   defendant and may provide information to any individual or agency charged with
   investigating the social history of a person or preparing a victim impact
   statement under the provisions of &#xA7;&#xA7; 16.1-273 and 53.1-155 or any
   other applicable law.				b. Victims shall have the right to remain in the
   courtroom during a criminal trial or proceeding pursuant to the provisions of
   &#xA7; 19.2-265.01.				c. On motion of the attorney for the Commonwealth,
   victims shall be given the opportunity, pursuant to &#xA7; 19.2-295.3, to
   testify prior to sentencing of a defendant regarding the impact of the
   offense.				d. In a felony case, the attorney for the Commonwealth shall
   consult with the victim either verbally or in writing (i) to inform the victim
   of the contents of a proposed plea agreement and (ii) to obtain the
   victim&#8217;s views about the disposition of the case, including the
   victim&#8217;s views concerning dismissal, pleas, plea negotiations and
   sentencing. However, nothing in this section shall limit the ability of the
   attorney for the Commonwealth to exercise his discretion on behalf of the
   citizens of the Commonwealth in the disposition of any criminal case. The
   court shall not accept the plea agreement unless it finds that, except for
   good cause shown, the Commonwealth has complied with clauses (i) and (ii).
   Good cause shown shall include, but not be limited to, the unavailability of
   the victim due to incarceration, hospitalization, failure to appear at trial
   when subpoenaed, change of address without notice, or failure to provide an
   address or phone number as required in subdivision A 3 b.				The victim shall
   be notified in accordance with subdivision A 3 b of any proceeding in which
   the plea agreement will be tendered to the court. The attorney for the
   Commonwealth may satisfy his responsibility under this provision by consulting
   with a parent or guardian of an unemancipated minor victim, if the parent or
   guardian is not a suspect, person of interest, or defendant in the criminal
   investigation of the proceeding.				The responsibility to consult with the
   victim under this subdivision shall not confer upon the defendant any
   substantive or procedural rights and shall not affect the validity of any plea
   entered by the defendant.				e. Whenever the Attorney General represents the
   Commonwealth in any criminal appeal, he shall consult with the victim in the
   manner prescribed by subdivision d.

   5. Courtroom assistance.
   				a. Victims and witnesses shall be informed that their addresses, any
   telephone numbers, and email addresses may not be disclosed, pursuant to the
   provisions of &#xA7;&#xA7; 19.2-11.2 and 19.2-269.2, except when necessary for
   the conduct of the criminal proceeding.				b. Victims and witnesses shall be
   advised that they have the right to the services of an interpreter in
   accordance with &#xA7;&#xA7; 19.2-164 and 19.2-164.1.				c. Victims and
   witnesses of certain sexual offenses shall be advised that there may be a
   closed preliminary hearing in accordance with &#xA7; 18.2-67.8 and, if a
   victim was 14 years of age or younger on the date of the offense and is 16 or
   under at the time of the trial, or a witness to the offense is 14 years of age
   or younger at the time of the trial, that two-way closed-circuit television
   may be used in the taking of testimony in accordance with &#xA7; 18.2-67.9.

   6. Post trial assistance.
   				a. Within 30 days of receipt of a victim&#8217;s written request after the
   final trial court proceeding in the case, the attorney for the Commonwealth
   shall notify the victim in writing, of (i) the disposition of the case, (ii)
   the crimes of which the defendant was convicted, (iii) the defendant&#8217;s
   right to appeal, if known, and (iv) the telephone number of offices to contact
   in the event of nonpayment of restitution by the defendant.				b. If the
   defendant has been released on bail pending the outcome of an appeal, the
   agency that had custody of the defendant immediately prior to his release
   shall notify the victim as soon as practicable that the defendant has been
   released.				c. If the defendant&#8217;s conviction is overturned, and the
   attorney for the Commonwealth decides to retry the case or the case is
   remanded for a new trial, the victim shall be entitled to the same rights as
   if the first trial did not take place.

B. For purposes of this chapter, &#8220;victim&#8221; means (i) a person who has
suffered physical, psychological, or economic harm as a direct result of the
commission of (a) a felony, (b) assault and battery in violation of &#xA7;
18.2-57 or 18.2-57.2, stalking in violation of &#xA7; 18.2-60.3, a violation of
a protective order in violation of &#xA7; 16.1-253.2 or 18.2-60.4, sexual
battery in violation of &#xA7; 18.2-67.4, attempted sexual battery in violation
of &#xA7; 18.2-67.5, or maiming or driving while intoxicated in violation of
&#xA7; 18.2-51.4 or 18.2-266, or (c) a delinquent act that would be a felony or
a misdemeanor violation of any offense enumerated in clause (b) if committed by
an adult; (ii) a spouse or child of such a person; (iii) a parent or legal
guardian of such a person who is a minor; (iv) for the purposes of subdivision A
4 only, a current or former foster parent or other person who has or has had
physical custody of such a person who is a minor, for six months or more or for
the majority of the minor&#8217;s life; or (v) a spouse, parent, sibling, or
legal guardian of such a person who is physically or mentally incapacitated or
was the victim of a homicide; however, &#8220;victim&#8221; does not mean a
parent, child, spouse, sibling, or legal guardian who commits a felony or other
enumerated criminal offense against a victim as defined in clause (i).

C. Officials and employees of the judiciary, including court services units,
law-enforcement agencies, the Department of Corrections, attorneys for the
Commonwealth and public defenders, shall be provided with copies of this chapter
by the Department of Criminal Justice Services or a crime victim and witness
assistance program. Each agency, officer or employee who has a responsibility or
responsibilities to victims under this chapter or other applicable law shall
make reasonable efforts to become informed about these responsibilities and to
ensure that victims and witnesses receive such information and services to which
they may be entitled under applicable law, provided that no liability or cause
of action shall arise from the failure to make such efforts or from the failure
of such victims or witnesses to receive any such information or services.

HISTORY: 1995, c. 687; 1996, c. 546; 1997, c. 691; 1998, c. 485; 1999, cc. 668,
702, 844; 2000, cc. 272, 827; 2001, cc. 410, 530, 549; 2002, cc. 310, 810, 818;
2003, cc. 103, 751, 764; 2006, c. 241; 2007, cc. 94, 109, 423; 2014, c. 230;
2017, c. 535; 2018, cc. 47, 83; 2019, c. 216; 2021, Sp. Sess. I, cc. 344, 345;
2023, cc. 559, 746, 784.