2006 Code of Virginia § 19.2-11.01 - Crime victim and witness rights

19.2-11.01. Crime victim and witness rights.

A. In recognition of the Commonwealth's concern for the victims and witnessesof crime, it is the purpose of this chapter to ensure that the full impact ofcrime is brought to the attention of the courts of the Commonwealth; thatcrime victims and witnesses are treated with dignity, respect andsensitivity; and that their privacy is protected to the extent permissibleunder law. It is the further purpose of this chapter to ensure that victimsand witnesses are informed of the rights provided to them under the laws ofthe Commonwealth; that they receive authorized services as appropriate; andthat they have the opportunity to be heard by law-enforcement agencies,attorneys for the Commonwealth, corrections agencies and the judiciary at allcritical stages of the criminal justice process to the extent permissibleunder law. Unless otherwise stated and subject to the provisions of 19.2-11.1, it shall be the responsibility of a locality's crime victim andwitness assistance program to provide the information and assistance requiredby this chapter, including verification that the standardized form listingthe specific rights afforded to crime victims has been received by the victim.

As soon as practicable after identifying a victim of a crime, theinvestigating law-enforcement agency shall provide the victim with astandardized form listing the specific rights afforded to crime victims. Theform shall include a telephone number by which the victim can receive furtherinformation and assistance in securing the rights afforded crime victims, thename, address and telephone number of the office of the attorney for theCommonwealth, and the name, address and telephone number of the investigatinglaw-enforcement agency.

1. Victim and witness protection and law-enforcement contacts.

a. In order that victims and witnesses receive protection from harm andthreats of harm arising out of their cooperation with law-enforcement, orprosecution efforts, they shall be provided with information as to the levelof protection which may be available pursuant to 52-35 or to any otherfederal, state or local program providing protection, and shall be assistedin obtaining this protection from the appropriate authorities.

b. Victims and witnesses shall be provided, where available, a separatewaiting area during court proceedings that affords them privacy andprotection from intimidation, and that does not place the victim in closeproximity to the defendant or the defendant's family.

2. Financial assistance.

a. Victims shall be informed of financial assistance and social servicesavailable to them as victims of a crime, including information on theirpossible right to file a claim for compensation from the Crime Victims'Compensation Fund pursuant to Chapter 21.1 ( 19.2-368.1 et seq.) of thistitle and on other available assistance and services.

b. Victims shall be assisted in having any property held by law-enforcementagencies for evidentiary purposes returned promptly in accordance with 19.2-270.1 and 19.2-270.2.

c. Victims shall be advised that restitution is available for damages or lossresulting from an offense and shall be assisted in seeking restitution inaccordance with 19.2-305, 19.2-305.1, Chapter 21.1 ( 19.2-368.1 et seq.)of this title, Article 21 ( 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 employerintercession services to ensure that employers of victims and witnesses willcooperate with the criminal justice process in order to minimize anemployee's loss of pay and other benefits resulting from court appearancesand (ii) advised that pursuant to 18.2-465.1 it is unlawful for an employerto penalize an employee for appearing in court pursuant to a summons orsubpoena.

b. Victims shall receive advance notification when practicable from theattorney for the Commonwealth of judicial proceedings relating to their caseand shall be notified when practicable of any change in court dates inaccordance with 19.2-265.01 if they have provided their names, currentaddresses and telephone numbers.

c. Victims shall receive notification, if requested, subject to suchreasonable procedures as the Attorney General may require pursuant to 2.2-511, from the Attorney General of the filing and disposition of anyappeal or habeas corpus proceeding involving their case.

d. Victims shall be notified by the Department of Corrections or a sheriff orjail superintendent (i) in whose custody an escape, change of name, transfer,release or discharge of a prisoner occurs pursuant to the provisions of 53.1-133.02 and 53.1-160 or (ii) when an accused is released on bail, if theyhave provided their names, current addresses and telephone numbers in writing.

e. Victims shall be advised that, in order to protect their right to receivenotices and offer input, all agencies and persons having such duties musthave current victim addresses and telephone numbers given by the victims.Victims shall also be advised that any such information given shall beconfidential as provided by 19.2-11.2.

4. Victim input.

a. Victims shall be given the opportunity, pursuant to 19.2-299.1, toprepare a written victim impact statement prior to sentencing of a defendantand may provide information to any individual or agency charged withinvestigating the social history of a person or preparing a victim impactstatement under the provisions of 16.1-273 and 53.1-155 or any otherapplicable law.

b. Victims shall have the right to remain in the courtroom during a criminaltrial or proceeding pursuant to the provisions of 19.2-265.01.

c. On motion of the attorney for the Commonwealth, victims shall be given theopportunity, pursuant to 19.2-264.4 and 19.2-295.3, to testify prior tosentencing of a defendant regarding the impact of the offense.

d. In a felony case, the attorney for the Commonwealth, upon the victim'swritten request, 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's views about the disposition of the case,including the victim's views concerning dismissal, pleas, plea negotiationsand sentencing. However, nothing in this section shall limit the ability ofthe attorney for the Commonwealth to exercise his discretion on behalf of thecitizens of the Commonwealth in the disposition of any criminal case. Thecourt shall not accept the plea agreement unless it finds that, except forgood cause shown, the Commonwealth has complied with clauses (i) and (ii).Good cause shown shall include, but not be limited to, the unavailability ofthe victim due to incarceration, hospitalization, failure to appear at trialwhen subpoenaed, or change of address without notice.

Upon the victim's written request, the victim shall be notified in accordancewith subdivision A 3 b of any proceeding in which the plea agreement will betendered to the court.

The responsibility to consult with the victim under this subdivision shallnot confer upon the defendant any substantive or procedural rights and shallnot affect the validity of any plea entered by the defendant.

5. Courtroom assistance.

a. Victims and witnesses shall be informed that their addresses and telephonenumbers may not be disclosed, pursuant to the provisions of 19.2-11.2 and19.2-269.2, except when necessary for the conduct of the criminal proceeding.

b. Victims and witnesses shall be advised that they have the right to theservices of an interpreter in accordance with 19.2-164 and 19.2-164.1.

c. Victims and witnesses of certain sexual offenses shall be advised thatthere may be a closed preliminary hearing in accordance with 18.2-67.8 and,if a victim was 14 years of age or younger on the date of the offense and is16 or under at the time of the trial, or a witness to the offense is 14 yearsof age or younger at the time of the trial, that two-way closed-circuittelevision may be used in the taking of testimony in accordance with 18.2-67.9.

6. Post trial assistance.

a. Within 30 days of receipt of a victim's written request after the finaltrial court proceeding in the case, the attorney for the Commonwealth shallnotify the victim in writing, of (i) the disposition of the case, (ii) thecrimes of which the defendant was convicted, (iii) the defendant's right toappeal, if known, and (iv) the telephone number of offices to contact in theevent of nonpayment of restitution by the defendant.

b. If the defendant has been released on bail pending the outcome of anappeal, the agency that had custody of the defendant immediately prior to hisrelease shall notify the victim as soon as practicable that the defendant hasbeen released.

c. If the defendant's conviction is overturned, and the attorney for theCommonwealth decides to retry the case or the case is remanded for a newtrial, the victim shall be entitled to the same rights as if the first trialdid not take place.

B. For purposes of this chapter, "victim" means (i) a person who hassuffered physical, psychological or economic harm as a direct result of thecommission of a felony or of assault and battery in violation of 18.2-57 or 18.2-57.2, stalking in violation of 18.2-60.3, sexual battery inviolation of 18.2-67.4, attempted sexual battery in violation of 18.2-67.5, maiming or driving while intoxicated in violation of 18.2-51.4or 18.2-266, (ii) a spouse or child of such a person, (iii) a parent orlegal guardian of such a person who is a minor, (iv) for the purposes ofsubdivision A 4 of this section only, a current or former foster parent orother person who has or has had physical custody of such a person who is aminor, for six months or more or for the majority of the minor's life, or (v)a spouse, parent, sibling or legal guardian of such a person who isphysically or mentally incapacitated or was the victim of a homicide;however, "victim" does not mean a parent, child, spouse, sibling or legalguardian who commits a felony or other enumerated criminal offense against avictim 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 theCommonwealth and public defenders, shall be provided with copies of thischapter by the Department of Criminal Justice Services or a crime victim andwitness assistance program. Each agency, officer or employee who has aresponsibility or responsibilities to victims under this chapter or otherapplicable law shall make reasonable efforts to become informed about theseresponsibilities and to ensure that victims and witnesses receive suchinformation and services to which they may be entitled under applicable law,provided that no liability or cause of action shall arise from the failure tomake such efforts or from the failure of such victims or witnesses to receiveany such information or services.

(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.)