2006 Code of Virginia § 19.2-295.3 - Admission of victim impact testimony

19.2-295.3. Admission of victim impact testimony.

Whether by trial or upon a plea of guilty, upon a finding that the defendantis guilty of a felony, the court shall permit the victim, as defined in 19.2-11.01, upon motion of the attorney for the Commonwealth, to testify inthe presence of the accused regarding the impact of the offense upon thevictim. The court shall limit the victim's testimony to the factors set forthin clauses (i) through (vi) of subsection A of 19.2-299.1. In the case oftrial by jury, the court shall permit the victim to testify at the sentencinghearing conducted pursuant to 19.2-295.1 or in the case of trial by thecourt or a guilty plea, the court shall permit the victim to testify beforethe court prior to the imposition of a sentence. Victim impact testimony inall capital murder cases shall be admitted in accordance with 19.2-264.4.

(1998, c. 485; 2004, c. 310.)