§ 19.2-11.5 Definitions
As used in this chapter, unless the context requires a different meaning: “Anonymous physical evidence recovery kit” means a physical evidence recovery kit that is collected from a victim of sexual assault through a forensic medical examination where the victim elects, at the time of the examination, not to report the sexual assault offense to a law-enforcement agency. “Anonymous trace evidence collection kit” means a trace evidence collection kit that is collected from a victim of strangulation through a forensic medical examination where the victim elects, at the time of the examination, not to report the strangulation to a law-enforcement agency. “Department” means the Virginia Department of Forensic Science. “Division” means the Division of Consolidated Laboratory Services of the Virginia Department of General Services. “Health care provider” means a health care provider as defined in § 8.01-581.1 that provides forensic medical examinations to victims of sexual assault. “Law-enforcement agency” means the state or local law-enforcement agency with the primary responsibility for investigating an alleged sexual assault offense case and includes the employees of that agency. “Physical evidence recovery kit” means any evidence collection kit supplied by the Department to health care providers for use in collecting evidence from victims of sexual assault during forensic medical examinations or to the Office of the Chief Medical Examiner for use during death investigations to collect evidence from decedents who may be victims of sexual assault. “Sexual assault forensic examiner” means a health care provider who has completed the education and training recommended by the Virginia Forensic Nursing Advisory Council, approved by the Board of Health pursuant to § 32.1-162.15:12, to conduct examinations using a physical evidence recovery kit. “Sexual assault offense” means a violation or attempted violation of any offense enumerated in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 or of any offense specified in § 18.2-361, 18.2-370, or 18.2-370.1. “Telehealth sexual assault forensic examination” means an in-person forensic medical examination by a health care provider in consultation with and under the supervision of a sexual assault forensic examiner using telehealth services as defined in § 32.1-122.03:1 to collect evidence using a physical evidence recovery kit. “Trace evidence collection kit” means any evidence collection kit supplied by the Department to health care providers for use in collecting evidence from victims of strangulation during forensic medical examinations or to the Office of the Chief Medical Examiner for use during death investigations to collect evidence from decedents who may be victims of strangulation. “Victim of sexual assault” means any person who undergoes a forensic medical examination for the collection of a physical evidence recovery kit connected to a sexual assault offense. “Victim of strangulation” means any person who undergoes a forensic medical examination for the collection of evidence in connection with an alleged strangulation.
History
This law was first created in 2016. The record of its establishment is cataloged in chapters 332 and 698 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 2023, chapters 312 and 312; in 2025, chapters 529 and 538.
2016, cc. 332, 698; 2023, cc. 312, 312; 2025, cc. 529, 538.