{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-11.01.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-11.01.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-11.01.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-11.01.html"}],"law_id":56192,"edition_id":1,"section_id":56192,"structure_id":14638,"section_number":"19.2-11.01","catch_line":"Crime victim and witness rights","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.","full_text":"A\n\nIn recognition of the Commonwealth’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 \u00a7 19.2-11.1, it shall be the responsibility of a locality’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.\n\t\t\tAs 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’s rights under \u00a7 40.1-28.7:2.1\n\nVictim and witness protection and law-enforcement contacts.\n\t\t\t\ta. 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 § 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.\n\t\t\t\tb. 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’s family.2\n\nFinancial assistance.\n\t\t\t\ta. 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’ Compensation Fund pursuant to Chapter 21.1 (§ 19.2-368.1 et seq.) and on other available assistance and services.\n\t\t\t\tb. Victims shall be assisted in having any property held by law-enforcement agencies for evidentiary purposes returned promptly in accordance with §§ 19.2-270.1 and 19.2-270.2.\n\t\t\t\tc. 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 §§ 19.2-305 and 19.2-305.1, Chapter 21.1 (§ 19.2-368.1 et seq.), Article 21 (§ 58.1-520 et seq.) of Chapter 3 of Title 58.1, and other applicable laws of the Commonwealth.3\n\nNotices.\n\t\t\t\ta. 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’s loss of pay and other benefits resulting from court appearances and (ii) advised that pursuant to § 18.2-465.1 it is unlawful for an employer to penalize an employee for appearing in court pursuant to a summons or subpoena.\n\t\t\t\tb. 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 § 19.2-265.01 if they have provided their names, current addresses and telephone numbers.\n\t\t\t\tc. Victims shall receive notification, if requested, subject to such reasonable procedures as the Attorney General may require pursuant to § 2.2-511, from the Attorney General of the filing and disposition of any appeal or habeas corpus proceeding involving their case.\n\t\t\t\td. 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 §§ 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.\n\t\t\t\te. 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 § 19.2-11.2.\n\t\t\t\tf. Victims of sexual assault, as defined in § 19.2-11.5, shall be advised of their rights regarding physical evidence recovery kits as provided in Chapter 1.2 (§ 19.2-11.5 et seq.).\n\t\t\t\tg. Upon the victim’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 (§ 37.2-814 et seq.) of Chapter 8 of Title 37.2, committed pursuant to Chapter 9 (§ 37.2-900 et seq.) of Title 37.2, or certified pursuant to § 37.2-806 or (ii) who was acquitted by reason of insanity and committed pursuant to § 19.2-182.3.4\n\nVictim input.\n\t\t\t\ta. Victims shall be given the opportunity, pursuant to § 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 §§ 16.1-273 and 53.1-155 or any other applicable law.\n\t\t\t\tb. Victims shall have the right to remain in the courtroom during a criminal trial or proceeding pursuant to the provisions of § 19.2-265.01.\n\t\t\t\tc. On motion of the attorney for the Commonwealth, victims shall be given the opportunity, pursuant to § 19.2-295.3, to testify prior to sentencing of a defendant regarding the impact of the offense.\n\t\t\t\td. 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’s views about the disposition of the case, including the victim’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.\n\t\t\t\tThe 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.\n\t\t\t\tThe 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.\n\t\t\t\te. 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\n\nCourtroom assistance.\n\t\t\t\ta. Victims and witnesses shall be informed that their addresses, any telephone numbers, and email addresses may not be disclosed, pursuant to the provisions of §§ 19.2-11.2 and 19.2-269.2, except when necessary for the conduct of the criminal proceeding.\n\t\t\t\tb. Victims and witnesses shall be advised that they have the right to the services of an interpreter in accordance with §§ 19.2-164 and 19.2-164.1.\n\t\t\t\tc. Victims and witnesses of certain sexual offenses shall be advised that there 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 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 § 18.2-67.9.6\n\nPost trial assistance.\n\t\t\t\ta. Within 30 days of receipt of a victim’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’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.\n\t\t\t\tb. 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.\n\t\t\t\tc. If the defendant’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\n\nFor purposes of this chapter, “victim” 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 § 18.2-57 or 18.2-57.2, stalking in violation of § 18.2-60.3, a violation of a protective order in violation of § 16.1-253.2 or 18.2-60.4, sexual battery in violation of § 18.2-67.4, attempted sexual battery in violation of § 18.2-67.5, or maiming or driving while intoxicated in violation of § 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’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, “victim” 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\n\nOfficials 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.","order_by":null,"text":{"0":{"id":205875,"text":"In recognition of the Commonwealth’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 \u00a7 19.2-11.1, it shall be the responsibility of a locality’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.\n\t\t\tAs 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’s rights under \u00a7 40.1-28.7:2.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":205876,"text":"Victim and witness protection and law-enforcement contacts.\n\t\t\t\ta. 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 § 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.\n\t\t\t\tb. 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’s family.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":205877,"text":"Financial assistance.\n\t\t\t\ta. 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’ Compensation Fund pursuant to Chapter 21.1 (§ 19.2-368.1 et seq.) and on other available assistance and services.\n\t\t\t\tb. Victims shall be assisted in having any property held by law-enforcement agencies for evidentiary purposes returned promptly in accordance with §§ 19.2-270.1 and 19.2-270.2.\n\t\t\t\tc. 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 §§ 19.2-305 and 19.2-305.1, Chapter 21.1 (§ 19.2-368.1 et seq.), Article 21 (§ 58.1-520 et seq.) of Chapter 3 of Title 58.1, and other applicable laws of the Commonwealth.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":205878,"text":"Notices.\n\t\t\t\ta. 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’s loss of pay and other benefits resulting from court appearances and (ii) advised that pursuant to § 18.2-465.1 it is unlawful for an employer to penalize an employee for appearing in court pursuant to a summons or subpoena.\n\t\t\t\tb. 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 § 19.2-265.01 if they have provided their names, current addresses and telephone numbers.\n\t\t\t\tc. Victims shall receive notification, if requested, subject to such reasonable procedures as the Attorney General may require pursuant to § 2.2-511, from the Attorney General of the filing and disposition of any appeal or habeas corpus proceeding involving their case.\n\t\t\t\td. 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 §§ 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.\n\t\t\t\te. 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 § 19.2-11.2.\n\t\t\t\tf. Victims of sexual assault, as defined in § 19.2-11.5, shall be advised of their rights regarding physical evidence recovery kits as provided in Chapter 1.2 (§ 19.2-11.5 et seq.).\n\t\t\t\tg. Upon the victim’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 (§ 37.2-814 et seq.) of Chapter 8 of Title 37.2, committed pursuant to Chapter 9 (§ 37.2-900 et seq.) of Title 37.2, or certified pursuant to § 37.2-806 or (ii) who was acquitted by reason of insanity and committed pursuant to § 19.2-182.3.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":205879,"text":"Victim input.\n\t\t\t\ta. Victims shall be given the opportunity, pursuant to § 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 §§ 16.1-273 and 53.1-155 or any other applicable law.\n\t\t\t\tb. Victims shall have the right to remain in the courtroom during a criminal trial or proceeding pursuant to the provisions of § 19.2-265.01.\n\t\t\t\tc. On motion of the attorney for the Commonwealth, victims shall be given the opportunity, pursuant to § 19.2-295.3, to testify prior to sentencing of a defendant regarding the impact of the offense.\n\t\t\t\td. 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’s views about the disposition of the case, including the victim’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.\n\t\t\t\tThe 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.\n\t\t\t\tThe 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.\n\t\t\t\te. Whenever the Attorney General represents the Commonwealth in any criminal appeal, he shall consult with the victim in the manner prescribed by subdivision d.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":205880,"text":"Courtroom assistance.\n\t\t\t\ta. Victims and witnesses shall be informed that their addresses, any telephone numbers, and email addresses may not be disclosed, pursuant to the provisions of §§ 19.2-11.2 and 19.2-269.2, except when necessary for the conduct of the criminal proceeding.\n\t\t\t\tb. Victims and witnesses shall be advised that they have the right to the services of an interpreter in accordance with §§ 19.2-164 and 19.2-164.1.\n\t\t\t\tc. Victims and witnesses of certain sexual offenses shall be advised that there 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 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 § 18.2-67.9.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":205881,"text":"Post trial assistance.\n\t\t\t\ta. Within 30 days of receipt of a victim’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’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.\n\t\t\t\tb. 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.\n\t\t\t\tc. If the defendant’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.","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"B"},"7":{"id":205882,"text":"For purposes of this chapter, “victim” 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 § 18.2-57 or 18.2-57.2, stalking in violation of § 18.2-60.3, a violation of a protective order in violation of § 16.1-253.2 or 18.2-60.4, sexual battery in violation of § 18.2-67.4, attempted sexual battery in violation of § 18.2-67.5, or maiming or driving while intoxicated in violation of § 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’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, “victim” 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).","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A6","next_prefix":"C"},"8":{"id":205883,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14638,"edition_id":1,"name":"Crime Victim and Witness Rights Act","identifier":"1.1","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:49:01","date_modified":"2026-06-26 03:49:01","permalink":{"id":168245,"object_type":"structure","relational_id":14638,"identifier":"1.1","token":"19.2\/1.1","url":"\/19.2\/1.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56192,"structure_id":14638,"section_number":"19.2-11.01","catch_line":"Crime victim and witness rights","url":"\/19.2-11.01\/","token":"19.2\/1.1\/19.2-11.01","metadata":false},{"id":84590,"structure_id":14638,"section_number":"19.2-11.02","catch_line":"Prohibiting inquiry into the immigration status of certain victims or witnesses of crime","url":"\/19.2-11.02\/","token":"19.2\/1.1\/19.2-11.02","metadata":false},{"id":69605,"structure_id":14638,"section_number":"19.2-11.1","catch_line":"Establishment of crime victim-witness assistance programs; funding; minimum standards","url":"\/19.2-11.1\/","token":"19.2\/1.1\/19.2-11.1","metadata":false},{"id":81173,"structure_id":14638,"section_number":"19.2-11.2","catch_line":"Crime victim's right to nondisclosure of certain information; exceptions; testimonial privilege","url":"\/19.2-11.2\/","token":"19.2\/1.1\/19.2-11.2","metadata":false},{"id":62489,"structure_id":14638,"section_number":"19.2-11.3","catch_line":"Virginia Crime Victim-Witness Fund","url":"\/19.2-11.3\/","token":"19.2\/1.1\/19.2-11.3","metadata":false},{"id":58509,"structure_id":14638,"section_number":"19.2-11.4","catch_line":"Establishment of victim-offender reconciliation program","url":"\/19.2-11.4\/","token":"19.2\/1.1\/19.2-11.4","metadata":false}],"next_section":{"id":84590,"structure_id":14638,"section_number":"19.2-11.02","catch_line":"Prohibiting inquiry into the immigration status of certain victims or witnesses of crime","url":"\/19.2-11.02\/","token":"19.2\/1.1\/19.2-11.02","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-11.01\/","history_text":"

This law was first created in 1995. The record of its establishment is cataloged in chapter 687<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 15 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1996, chapter 546<\/a>; in 1997, chapter 691<\/a>; in 1998, chapter 485<\/a>; in 1999, chapters 668<\/a>, 702<\/a>, and 844<\/a>; in 2000, chapters 272<\/a> and 827<\/a>; in 2001, chapters 410<\/a>, 530<\/a>, and 549<\/a>; in 2002, chapters 310<\/a>, 810<\/a>, and 818<\/a>; in 2003, chapters 103<\/a>, 751<\/a>, and 764<\/a>; in 2006, chapter 241<\/a>; in 2007, chapters 94<\/a>, 109<\/a>, and 423<\/a>; in 2014, chapter 230<\/a>; in 2017, chapter 535<\/a>; in 2018, chapters 47<\/a> and 83<\/a>; in 2019, chapter 216<\/a>; in 2023, chapters 559<\/a>, 746<\/a>, and 784<\/a>.<\/p>","references":[{"id":63838,"section_number":"17.1-128","catch_line":"Recording evidence and incidents of trial in certain civil cases and cost thereof; cost of transcripts; preservation of original notes or records; certified transcript prima facie correct","order_by":null,"url":"\/17.1-128\/"},{"id":60828,"section_number":"17.1-802","catch_line":"Membership; terms; compensation and expenses","order_by":null,"url":"\/17.1-802\/"},{"id":68792,"section_number":"19.2-11.11","catch_line":"Victim's right to notification of scientific analysis information","order_by":null,"url":"\/19.2-11.11\/"},{"id":85173,"section_number":"19.2-265.01","catch_line":"Victims, certain members of the family and support persons not to be excluded","order_by":null,"url":"\/19.2-265.01\/"},{"id":54588,"section_number":"19.2-265.1","catch_line":"Exclusion of witnesses (Subsection (a) of Supreme Court Rule 2:615 derived in part from this section and subsection (c) of Supreme Court Rule 2:615 derived from this section)","order_by":null,"url":"\/19.2-265.1\/"},{"id":66348,"section_number":"19.2-265.6","catch_line":"Dismissal of criminal charges on Commonwealth's motion; 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Trauma Triage Plan; Stroke Triage Plan","order_by":null,"url":"\/32.1-111.3\/"},{"id":81572,"section_number":"40.1-28.7:2","catch_line":"Employers to allow crime victims leave to attend criminal proceedings","order_by":null,"url":"\/40.1-28.7_2\/"},{"id":55576,"section_number":"44-146.18","catch_line":"Department of Emergency Management; administration and operational control; coordinator and other personnel; powers and duties","order_by":null,"url":"\/44-146.18\/"},{"id":85193,"section_number":"44-146.19","catch_line":"Powers and duties of political subdivisions","order_by":null,"url":"\/44-146.19\/"},{"id":65258,"section_number":"53.1-133.02","catch_line":"Notice to be given upon prisoner release, escape, etc","order_by":null,"url":"\/53.1-133.02\/"},{"id":65510,"section_number":"53.1-134","catch_line":"Virginia Parole Board; appointment of members","order_by":null,"url":"\/53.1-134\/"},{"id":83495,"section_number":"53.1-155","catch_line":"Investigation prior to release; transition assistance","order_by":null,"url":"\/53.1-155\/"},{"id":85833,"section_number":"53.1-160","catch_line":"Notice to be given upon prisoner release, escape, etc","order_by":null,"url":"\/53.1-160\/"},{"id":57199,"section_number":"9.1-108","catch_line":"Criminal Justice Services Board membership; terms; vacancies; members not disqualified from holding other offices; designation of chairmen; meetings; compensation","order_by":null,"url":"\/9.1-108\/"}],"refers_to":[{"id":82642,"section_number":"16.1-253.2","catch_line":"Violation of provisions of protective orders; penalties","order_by":null,"url":"\/16.1-253.2\/"},{"id":84576,"section_number":"16.1-273","catch_line":"Court may require investigation of social history and preparation of victim impact statement","order_by":null,"url":"\/16.1-273\/"},{"id":67410,"section_number":"18.2-266","catch_line":"Driving motor vehicle, engine, etc., while intoxicated, etc","order_by":null,"url":"\/18.2-266\/"},{"id":55703,"section_number":"18.2-465.1","catch_line":"Penalizing employee for court appearance or service on jury panel","order_by":null,"url":"\/18.2-465.1\/"},{"id":54708,"section_number":"18.2-51.4","catch_line":"Maiming, etc., of another resulting from driving while intoxicated","order_by":null,"url":"\/18.2-51.4\/"},{"id":64628,"section_number":"18.2-57","catch_line":"Assault and battery; penalty","order_by":null,"url":"\/18.2-57\/"},{"id":72208,"section_number":"18.2-57.2","catch_line":"Assault and battery against a family or household member; penalty","order_by":null,"url":"\/18.2-57.2\/"},{"id":54485,"section_number":"18.2-60.3","catch_line":"Stalking; penalty","order_by":null,"url":"\/18.2-60.3\/"},{"id":86834,"section_number":"18.2-60.4","catch_line":"Violation of protective orders; penalty","order_by":null,"url":"\/18.2-60.4\/"},{"id":67699,"section_number":"18.2-67.4","catch_line":"Sexual battery","order_by":null,"url":"\/18.2-67.4\/"},{"id":57731,"section_number":"18.2-67.5","catch_line":"Attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery","order_by":null,"url":"\/18.2-67.5\/"},{"id":71989,"section_number":"18.2-67.8","catch_line":"Closed preliminary hearings","order_by":null,"url":"\/18.2-67.8\/"},{"id":69605,"section_number":"19.2-11.1","catch_line":"Establishment of crime victim-witness assistance programs; funding; minimum standards","order_by":null,"url":"\/19.2-11.1\/"},{"id":81173,"section_number":"19.2-11.2","catch_line":"Crime victim's right to nondisclosure of certain information; exceptions; testimonial privilege","order_by":null,"url":"\/19.2-11.2\/"},{"id":57134,"section_number":"19.2-11.5","catch_line":"Definitions","order_by":null,"url":"\/19.2-11.5\/"},{"id":82705,"section_number":"19.2-164","catch_line":"Interpreters for non-English-speaking persons (Supreme Court Rule 2:507 derived in part from this section)","order_by":null,"url":"\/19.2-164\/"},{"id":60354,"section_number":"19.2-164.1","catch_line":"Interpreters for the deaf (Supreme Court Rule 2:507 derived in part from this section)","order_by":null,"url":"\/19.2-164.1\/"},{"id":85173,"section_number":"19.2-265.01","catch_line":"Victims, certain members of the family and support persons not to be excluded","order_by":null,"url":"\/19.2-265.01\/"},{"id":67973,"section_number":"19.2-269.2","catch_line":"Nondisclosure of addresses or telephone numbers of crime victims and witnesses","order_by":null,"url":"\/19.2-269.2\/"},{"id":86326,"section_number":"19.2-270.1","catch_line":"Use of photographs as evidence in certain larceny and burglary prosecutions","order_by":null,"url":"\/19.2-270.1\/"},{"id":54053,"section_number":"19.2-270.2","catch_line":"Disposition of money, securities or documents seized upon arrest, etc., and pertinent as evidence","order_by":null,"url":"\/19.2-270.2\/"},{"id":65204,"section_number":"19.2-295.3","catch_line":"Admission of victim impact testimony","order_by":null,"url":"\/19.2-295.3\/"},{"id":67741,"section_number":"19.2-299.1","catch_line":"When Victim Impact Statement required; contents; uses","order_by":null,"url":"\/19.2-299.1\/"},{"id":75628,"section_number":"19.2-305","catch_line":"Requiring fines, costs, restitution for damages, support, or community services from probationer","order_by":null,"url":"\/19.2-305\/"},{"id":82621,"section_number":"19.2-305.1","catch_line":"Restitution for property damage or loss; community service","order_by":null,"url":"\/19.2-305.1\/"},{"id":55906,"section_number":"19.2-368.1","catch_line":"Findings; legislative intent","order_by":null,"url":"\/19.2-368.1\/"},{"id":77776,"section_number":"2.2-511","catch_line":"Criminal cases","order_by":null,"url":"\/2.2-511\/"},{"id":56013,"section_number":"37.2-806","catch_line":"Judicial certification of eligibility for admission of persons with intellectual disability","order_by":null,"url":"\/37.2-806\/"},{"id":68004,"section_number":"37.2-814","catch_line":"(Effective July 1, 2026) Commitment hearing for involuntary admission; written explanation; right to counsel; rights of petitioner","order_by":null,"url":"\/37.2-814\/"},{"id":55224,"section_number":"37.2-900","catch_line":"Definitions","order_by":null,"url":"\/37.2-900\/"},{"id":69004,"section_number":"52-35","catch_line":"Witness protection program established","order_by":null,"url":"\/52-35\/"},{"id":65258,"section_number":"53.1-133.02","catch_line":"Notice to be given upon prisoner release, escape, etc","order_by":null,"url":"\/53.1-133.02\/"},{"id":83495,"section_number":"53.1-155","catch_line":"Investigation prior to release; transition assistance","order_by":null,"url":"\/53.1-155\/"},{"id":85833,"section_number":"53.1-160","catch_line":"Notice to be given upon prisoner release, escape, etc","order_by":null,"url":"\/53.1-160\/"},{"id":57268,"section_number":"58.1-520","catch_line":"(Contingent effective date) Definitions","order_by":null,"url":"\/58.1-520\/"}],"permalink":{"id":168247,"object_type":"law","relational_id":56192,"identifier":"19.2-11.01","token":"19.2\/1.1\/19.2-11.01","url":"\/19.2-11.01\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-11.01\/","token":"19.2\/1.1\/19.2-11.01","dublin_core":{"Title":"Crime victim and witness rights","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-11.01","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In recognition of the Commonwealth’s concern for the victims<\/span> and witnesses of crime<\/span>, it is the purpose of this chapter to ensure that the full impact of crime<\/span> is brought to the attention of the courts<\/span> of the Commonwealth; that crime<\/span> victims<\/span> and witnesses are treated with dignity, respect and sensitivity; and that their privacy is protected to the extent permissible under law<\/span>. It is the further purpose of this chapter to ensure that victims<\/span> and witnesses are informed of the rights provided to them under the laws<\/span> of the Commonwealth; that they receive authorized services as appropriate; and that they have the opportunity to be heard by law<\/span>-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<\/span>. Unless otherwise stated and subject to the provisions of \u00a7 19.2-11.1<\/a>, it shall be the responsibility of a locality’s crime<\/span> victim<\/span> and witness<\/span> 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<\/span> victims<\/span> has been received by the victim<\/span>.\n\t\t\tAs soon as practicable after identifying a victim<\/span> of a crime<\/span>, the investigating law<\/span>-enforcement agency shall provide the victim<\/span> with a standardized form listing the specific rights afforded to crime<\/span> victims<\/span>. The form shall include a telephone number by which the victim<\/span> can receive further information and assistance in securing the rights afforded crime<\/span> victims<\/span>, 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<\/span>-enforcement agency, and a summary of the victim<\/span>’s rights under \u00a7 40.1-28.7:2<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Victim<\/span> and witness<\/span> protection and law<\/span>-enforcement contacts.\n\t\t\t\ta. In order<\/span> that victims<\/span> and witnesses receive protection from harm and threats of harm arising out of their cooperation with law<\/span>-enforcement, or prosecution<\/span> efforts, they shall be provided with information as to the level of protection which may be available pursuant to § 52-35<\/a> or to any other federal, state or local program providing protection, and shall be assisted in obtaining this protection from the appropriate authorities.\n\t\t\t\tb. Victims<\/span> and witnesses shall be provided, where available, a separate waiting area during court<\/span> proceedings that affords them privacy and protection from intimidation, and that does not place the victim<\/span> in close proximity to the defendant<\/span> or the defendant<\/span>’s family. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Financial assistance.\n\t\t\t\ta. Victims<\/span> shall be informed of financial assistance and social services available to them as victims<\/span> of a crime<\/span>, including information on their possible right to file a claim for compensation from the Crime<\/span> Victims<\/span>’ Compensation Fund pursuant to Chapter 21.1 (§ 19.2-368.1<\/a> et seq.) and on other available assistance and services.\n\t\t\t\tb. Victims<\/span> shall be assisted in having any property held by law<\/span>-enforcement agencies for evidentiary purposes returned promptly in accordance with §§ 19.2-270.1<\/a> and 19.2-270.2<\/a>.\n\t\t\t\tc. Victims<\/span> shall be advised that restitution<\/span> is available for damages<\/span> or loss resulting from an offense<\/span> and shall be assisted in seeking restitution<\/span> in accordance with §§ 19.2-305<\/a> and 19.2-305.1<\/a>, Chapter 21.1 (§ 19.2-368.1<\/a> et seq.), Article 21 (§ 58.1-520<\/a> et seq.) of Chapter 3 of Title 58.1, and other applicable laws<\/span> of the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Notices.\n\t\t\t\ta. Victims<\/span> and witnesses shall be (i) provided with appropriate employer intercession services to ensure that employers of victims<\/span> and witnesses will cooperate with the criminal justice process in order<\/span> to minimize an employee’s loss of pay and other benefits resulting from court<\/span> appearances<\/span> and (ii) advised that pursuant to § 18.2-465.1<\/a> it is unlawful for an employer to penalize an employee for appearing in court<\/span> pursuant to a summons<\/span> or subpoena<\/span>.\n\t\t\t\tb. Victims<\/span> 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<\/span> dates in accordance with § 19.2-265.01<\/a> if they have provided their names, current addresses and telephone numbers.\n\t\t\t\tc. Victims<\/span> shall receive notification, if requested, subject to such reasonable procedures as the Attorney General<\/span> may require pursuant to § 2.2-511<\/a>, from the Attorney General<\/span> of the filing and disposition<\/span> of any appeal<\/span> or habeas corpus<\/span> proceeding involving their case.\n\t\t\t\td. Victims<\/span> shall be notified by the Department of Corrections or a sheriff or jail superintendent (i) in whose custody<\/span> an escape, change of name, transfer, release or discharge of a prisoner occurs pursuant to the provisions of §§ 53.1-133.02<\/a> and 53.1-160<\/a> or (ii) when an accused<\/span> is released on bail<\/span>, if they have provided their names, current addresses and telephone numbers in writing. Such notification may be provided through the Virginia Statewide VINE (Victim<\/span> Information and Notification Everyday) System or other similar electronic or automated system.\n\t\t\t\te. Victims<\/span> shall be advised that, in order<\/span> to protect their right to receive notices and offer input, all agencies and persons having such duties must have current victim<\/span> addresses and telephone numbers given by the victims<\/span>. Victims<\/span> shall also be advised that any such information given shall be confidential as provided by § 19.2-11.2<\/a>.\n\t\t\t\tf. Victims<\/span> of sexual assault<\/span>, as defined in § 19.2-11.5<\/a>, shall be advised of their rights regarding physical evidence<\/span> recovery kits as provided in Chapter 1.2 (§ 19.2-11.5<\/a> et seq.).\n\t\t\t\tg. Upon the victim<\/span>’s request, the victim<\/span> shall be notified by the Commissioner of Behavioral Health and Developmental Services or his designee of the release of a defendant<\/span> (i) who was found to be unrestorably incompetent and was committed pursuant to Article 5 (§ 37.2-814<\/a> et seq.) of Chapter 8 of Title 37.2, committed pursuant to Chapter 9 (§ 37.2-900<\/a> et seq.) of Title 37.2, or certified pursuant to § 37.2-806<\/a> or (ii) who was acquitted by reason of insanity<\/span> and committed pursuant to § 19.2-182.3<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Victim<\/span> input.\n\t\t\t\ta. Victims<\/span> shall be given the opportunity, pursuant to § 19.2-299.1<\/a>, to prepare a written victim<\/span> impact statement prior to sentencing of a defendant<\/span> and may provide information to any individual or agency charged with investigating the social history of a person or preparing a victim<\/span> impact statement under the provisions of §§ 16.1-273<\/a> and 53.1-155<\/a> or any other applicable law<\/span>.\n\t\t\t\tb. Victims<\/span> shall have the right to remain in the courtroom during a criminal trial<\/span> or proceeding pursuant to the provisions of § 19.2-265.01<\/a>.\n\t\t\t\tc. On motion<\/span> of the attorney for the Commonwealth, victims<\/span> shall be given the opportunity, pursuant to § 19.2-295.3<\/a>, to testify prior to sentencing of a defendant<\/span> regarding the impact of the offense<\/span>.\n\t\t\t\td. In a felony<\/span> case, the attorney for the Commonwealth shall consult with the victim<\/span> either verbally or in writing (i) to inform the victim<\/span> of the contents of a proposed plea<\/span> agreement and (ii) to obtain the victim<\/span>’s views about the disposition<\/span> of the case, including the victim<\/span>’s views concerning dismissal<\/span>, pleas<\/span>, plea<\/span> 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<\/span> of any criminal case. The court<\/span> shall not accept the plea<\/span> 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<\/span> due to incarceration, hospitalization, failure to appear at trial<\/span> when subpoenaed, change of address without notice, or failure to provide an address or phone number as required in subdivision A 3 b.\n\t\t\t\tThe victim<\/span> shall be notified in accordance with subdivision A 3 b of any proceeding in which the plea<\/span> agreement will be tendered to the court<\/span>. The attorney for the Commonwealth may satisfy his responsibility under this provision by consulting with a parent or guardian of an unemancipated minor<\/span> victim<\/span>, if the parent or guardian is not a suspect, person of interest, or defendant<\/span> in the criminal investigation of the proceeding.\n\t\t\t\tThe responsibility to consult with the victim<\/span> under this subdivision shall not confer upon the defendant<\/span> any substantive or procedural rights and shall not affect the validity of any plea<\/span> entered by the defendant<\/span>.\n\t\t\t\te. Whenever the Attorney General<\/span> represents the Commonwealth in any criminal appeal<\/span>, he shall consult with the victim<\/span> in the manner prescribed by subdivision d. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

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

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

B.<\/span> For purposes of this chapter, “victim<\/span>” means (i) a person who has suffered physical, psychological, or economic harm as a direct result of the commission of (a) a felony<\/span>, (b) assault<\/span> and battery<\/span> in violation of § 18.2-57<\/a> or 18.2-57.2<\/a>, stalking in violation of § 18.2-60.3<\/a>, a violation of a protective order<\/span> in violation of § 16.1-253.2<\/a> or 18.2-60.4<\/a>, sexual battery<\/span> in violation of § 18.2-67.4<\/a>, attempted sexual battery<\/span> in violation of § 18.2-67.5<\/a>, or maiming or driving while intoxicated in violation of § 18.2-51.4<\/a> or 18.2-266<\/a>, or (c) a delinquent act that would be a felony<\/span> or a misdemeanor<\/span> violation of any offense<\/span> 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<\/span>; (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<\/span> of such a person who is a minor<\/span>, for six months or more or for the majority of the minor<\/span>’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<\/span> of a homicide<\/span>; however, “victim<\/span>” does not mean a parent, child, spouse, sibling, or legal guardian who commits a felony<\/span> or other enumerated criminal offense<\/span> against a victim<\/span> as defined in clause (i). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Officials and employees of the judiciary, including court<\/span> services units, law<\/span>-enforcement agencies, the Department of Corrections, attorneys for the Commonwealth and public defenders<\/span>, shall be provided with copies of this chapter by the Department of Criminal Justice Services or a crime<\/span> victim<\/span> and witness<\/span> assistance program. Each agency, officer or employee who has a responsibility or responsibilities to victims<\/span> under this chapter or other applicable law<\/span> shall make reasonable efforts to become informed about these responsibilities and to ensure that victims<\/span> and witnesses receive such information and services to which they may be entitled under applicable law<\/span>, provided that no liability or cause of action<\/span> shall arise from the failure to make such efforts or from the failure of such victims<\/span> or witnesses to receive any such information or services. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCRIME VICTIM AND WITNESS RIGHTS (\u00a7 19.2-11.01)\n\nA. In recognition of the Commonwealth’s concern for the victims and\nwitnesses of crime, it is the purpose of this chapter to ensure that the full\nimpact of crime is brought to the attention of the courts of the Commonwealth;\nthat crime victims and witnesses are treated with dignity, respect and\nsensitivity; and that their privacy is protected to the extent permissible under\nlaw. It is the further purpose of this chapter to ensure that victims and\nwitnesses are informed of the rights provided to them under the laws of the\nCommonwealth; that they receive authorized services as appropriate; and that\nthey have the opportunity to be heard by law-enforcement agencies, attorneys for\nthe Commonwealth, corrections agencies and the judiciary at all critical stages\nof the criminal justice process to the extent permissible under law. Unless\notherwise stated and subject to the provisions of \u00a7 19.2-11.1, it shall be the\nresponsibility of a locality’s crime victim and witness assistance program\nto provide the information and assistance required by this chapter, including\nverification that the standardized form listing the specific rights afforded to\ncrime victims has been received by the victim.\n\t\t\tAs soon as practicable after identifying a victim of a crime, the\ninvestigating law-enforcement agency shall provide the victim with a\nstandardized form listing the specific rights afforded to crime victims. The\nform shall include a telephone number by which the victim can receive further\ninformation and assistance in securing the rights afforded crime victims, the\nname, address and telephone number of the office of the attorney for the\nCommonwealth, the name, address and telephone number of the investigating\nlaw-enforcement agency, and a summary of the victim’s rights under \u00a7\n40.1-28.7:2.\n\n 1. Victim and witness protection and law-enforcement contacts.\n \t\t\t\ta. In order that victims and witnesses receive protection from harm and\n threats of harm arising out of their cooperation with law-enforcement, or\n prosecution efforts, they shall be provided with information as to the level\n of protection which may be available pursuant to § 52-35 or to any other\n federal, state or local program providing protection, and shall be assisted in\n obtaining this protection from the appropriate authorities.\n \t\t\t\tb. Victims and witnesses shall be provided, where available, a separate\n waiting area during court proceedings that affords them privacy and protection\n from intimidation, and that does not place the victim in close proximity to\n the defendant or the defendant’s family.\n\n 2. Financial assistance.\n \t\t\t\ta. Victims shall be informed of financial assistance and social services\n available to them as victims of a crime, including information on their\n possible right to file a claim for compensation from the Crime Victims’\n Compensation Fund pursuant to Chapter 21.1 (§ 19.2-368.1 et seq.) and on\n other available assistance and services.\n \t\t\t\tb. Victims shall be assisted in having any property held by\n law-enforcement agencies for evidentiary purposes returned promptly in\n accordance with §§ 19.2-270.1 and 19.2-270.2.\n \t\t\t\tc. Victims shall be advised that restitution is available for damages or\n loss resulting from an offense and shall be assisted in seeking restitution in\n accordance with §§ 19.2-305 and 19.2-305.1, Chapter 21.1 (§\n 19.2-368.1 et seq.), Article 21 (§ 58.1-520 et seq.) of Chapter 3 of\n Title 58.1, and other applicable laws of the Commonwealth.\n\n 3. Notices.\n \t\t\t\ta. Victims and witnesses shall be (i) provided with appropriate employer\n intercession services to ensure that employers of victims and witnesses will\n cooperate with the criminal justice process in order to minimize an\n employee’s loss of pay and other benefits resulting from court\n appearances and (ii) advised that pursuant to § 18.2-465.1 it is unlawful\n for an employer to penalize an employee for appearing in court pursuant to a\n summons or subpoena.\n \t\t\t\tb. Victims shall receive advance notification when practicable from the\n attorney for the Commonwealth of judicial proceedings relating to their case\n and shall be notified when practicable of any change in court dates in\n accordance with § 19.2-265.01 if they have provided their names, current\n addresses and telephone numbers.\n \t\t\t\tc. Victims shall receive notification, if requested, subject to such\n reasonable procedures as the Attorney General may require pursuant to §\n 2.2-511, from the Attorney General of the filing and disposition of any appeal\n or habeas corpus proceeding involving their case.\n \t\t\t\td. Victims shall be notified by the Department of Corrections or a sheriff\n or jail superintendent (i) in whose custody an escape, change of name,\n transfer, release or discharge of a prisoner occurs pursuant to the provisions\n of §§ 53.1-133.02 and 53.1-160 or (ii) when an accused is released\n on bail, if they have provided their names, current addresses and telephone\n numbers in writing. Such notification may be provided through the Virginia\n Statewide VINE (Victim Information and Notification Everyday) System or other\n similar electronic or automated system.\n \t\t\t\te. Victims shall be advised that, in order to protect their right to\n receive notices and offer input, all agencies and persons having such duties\n must have current victim addresses and telephone numbers given by the victims.\n Victims shall also be advised that any such information given shall be\n confidential as provided by § 19.2-11.2.\n \t\t\t\tf. Victims of sexual assault, as defined in § 19.2-11.5, shall be\n advised of their rights regarding physical evidence recovery kits as provided\n in Chapter 1.2 (§ 19.2-11.5 et seq.).\n \t\t\t\tg. Upon the victim’s request, the victim shall be notified by the\n Commissioner of Behavioral Health and Developmental Services or his designee\n of the release of a defendant (i) who was found to be unrestorably incompetent\n and was committed pursuant to Article 5 (§ 37.2-814 et seq.) of Chapter 8\n of Title 37.2, committed pursuant to Chapter 9 (§ 37.2-900 et seq.) of\n Title 37.2, or certified pursuant to § 37.2-806 or (ii) who was acquitted\n by reason of insanity and committed pursuant to § 19.2-182.3.\n\n 4. Victim input.\n \t\t\t\ta. Victims shall be given the opportunity, pursuant to § 19.2-299.1,\n to prepare a written victim impact statement prior to sentencing of a\n defendant and may provide information to any individual or agency charged with\n investigating the social history of a person or preparing a victim impact\n statement under the provisions of §§ 16.1-273 and 53.1-155 or any\n other applicable law.\n \t\t\t\tb. Victims shall have the right to remain in the courtroom during a\n criminal trial or proceeding pursuant to the provisions of § 19.2-265.01.\n \t\t\t\tc. On motion of the attorney for the Commonwealth, victims shall be given\n the opportunity, pursuant to § 19.2-295.3, to testify prior to sentencing\n of a defendant regarding the impact of the offense.\n \t\t\t\td. In a felony case, the attorney for the Commonwealth shall consult with\n the victim either verbally or in writing (i) to inform the victim of the\n contents of a proposed plea agreement and (ii) to obtain the victim’s\n views about the disposition of the case, including the victim’s views\n concerning dismissal, pleas, plea negotiations and sentencing. However,\n nothing in this section shall limit the ability of the attorney for the\n Commonwealth to exercise his discretion on behalf of the citizens of the\n Commonwealth in the disposition of any criminal case. The court shall not\n accept the plea agreement unless it finds that, except for good cause shown,\n the Commonwealth has complied with clauses (i) and (ii). Good cause shown\n shall include, but not be limited to, the unavailability of the victim due to\n incarceration, hospitalization, failure to appear at trial when subpoenaed,\n change of address without notice, or failure to provide an address or phone\n number as required in subdivision A 3 b.\n \t\t\t\tThe victim shall be notified in accordance with subdivision A 3 b of any\n proceeding in which the plea agreement will be tendered to the court. The\n attorney for the Commonwealth may satisfy his responsibility under this\n provision by consulting with a parent or guardian of an unemancipated minor\n victim, if the parent or guardian is not a suspect, person of interest, or\n defendant in the criminal investigation of the proceeding.\n \t\t\t\tThe responsibility to consult with the victim under this subdivision shall\n not confer upon the defendant any substantive or procedural rights and shall\n not affect the validity of any plea entered by the defendant.\n \t\t\t\te. Whenever the Attorney General represents the Commonwealth in any\n criminal appeal, he shall consult with the victim in the manner prescribed by\n subdivision d.\n\n 5. Courtroom assistance.\n \t\t\t\ta. Victims and witnesses shall be informed that their addresses, any\n telephone numbers, and email addresses may not be disclosed, pursuant to the\n provisions of §§ 19.2-11.2 and 19.2-269.2, except when necessary for\n the conduct of the criminal proceeding.\n \t\t\t\tb. Victims and witnesses shall be advised that they have the right to the\n services of an interpreter in accordance with §§ 19.2-164 and\n 19.2-164.1.\n \t\t\t\tc. Victims and witnesses of certain sexual offenses shall be advised that\n there may be a closed preliminary hearing in accordance with § 18.2-67.8\n and, if a victim was 14 years of age or younger on the date of the offense and\n is 16 or under at the time of the trial, or a witness to the offense is 14\n years of age or younger at the time of the trial, that two-way closed-circuit\n television may be used in the taking of testimony in accordance with §\n 18.2-67.9.\n\n 6. Post trial assistance.\n \t\t\t\ta. Within 30 days of receipt of a victim’s written request after the\n final trial court proceeding in the case, the attorney for the Commonwealth\n shall notify the victim in writing, of (i) the disposition of the case, (ii)\n the crimes of which the defendant was convicted, (iii) the defendant’s\n right to appeal, if known, and (iv) the telephone number of offices to contact\n in the event of nonpayment of restitution by the defendant.\n \t\t\t\tb. If the defendant has been released on bail pending the outcome of an\n appeal, the agency that had custody of the defendant immediately prior to his\n release shall notify the victim as soon as practicable that the defendant has\n been released.\n \t\t\t\tc. If the defendant’s conviction is overturned, and the attorney for\n the Commonwealth decides to retry the case or the case is remanded for a new\n trial, the victim shall be entitled to the same rights as if the first trial\n did not take place.\n\nB. For purposes of this chapter, “victim” means (i) a person who has\nsuffered physical, psychological, or economic harm as a direct result of the\ncommission of (a) a felony, (b) assault and battery in violation of §\n18.2-57 or 18.2-57.2, stalking in violation of § 18.2-60.3, a violation of\na protective order in violation of § 16.1-253.2 or 18.2-60.4, sexual\nbattery in violation of § 18.2-67.4, attempted sexual battery in violation\nof § 18.2-67.5, or maiming or driving while intoxicated in violation of\n§ 18.2-51.4 or 18.2-266, or (c) a delinquent act that would be a felony or\na misdemeanor violation of any offense enumerated in clause (b) if committed by\nan adult; (ii) a spouse or child of such a person; (iii) a parent or legal\nguardian of such a person who is a minor; (iv) for the purposes of subdivision A\n4 only, a current or former foster parent or other person who has or has had\nphysical custody of such a person who is a minor, for six months or more or for\nthe majority of the minor’s life; or (v) a spouse, parent, sibling, or\nlegal guardian of such a person who is physically or mentally incapacitated or\nwas the victim of a homicide; however, “victim” does not mean a\nparent, child, spouse, sibling, or legal guardian who commits a felony or other\nenumerated criminal offense against a victim as defined in clause (i).\n\nC. Officials and employees of the judiciary, including court services units,\nlaw-enforcement agencies, the Department of Corrections, attorneys for the\nCommonwealth and public defenders, shall be provided with copies of this chapter\nby the Department of Criminal Justice Services or a crime victim and witness\nassistance program. Each agency, officer or employee who has a responsibility or\nresponsibilities to victims under this chapter or other applicable law shall\nmake reasonable efforts to become informed about these responsibilities and to\nensure that victims and witnesses receive such information and services to which\nthey may be entitled under applicable law, provided that no liability or cause\nof action shall arise from the failure to make such efforts or from the failure\nof such victims or witnesses to receive any such information or services.\n\nHISTORY: 1995, c. 687; 1996, c. 546; 1997, c. 691; 1998, c. 485; 1999, cc. 668,\n702, 844; 2000, cc. 272, 827; 2001, cc. 410, 530, 549; 2002, cc. 310, 810, 818;\n2003, cc. 103, 751, 764; 2006, c. 241; 2007, cc. 94, 109, 423; 2014, c. 230;\n2017, c. 535; 2018, cc. 47, 83; 2019, c. 216; 2021, Sp. Sess. I, cc. 344, 345;\n2023, cc. 559, 746, 784.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}