{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-188.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-188.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-188.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-188.2.html"}],"law_id":86564,"edition_id":1,"section_id":86564,"structure_id":16023,"section_number":"19.2-188.2","catch_line":"Certificate of surgeon as evidence","history":"1997, c. 557.","full_text":"A\n\nIn any criminal proceeding, the certificate of a duly qualified surgeon stating that he has removed organs or other body parts from a decedent for transplant in accordance with Chapter 8 (§ 32.1-277 et seq.) of Title 32.1, shall be admissible in evidence as evidence of the facts stated therein. The certificate shall be competent evidence to show that such organs or body parts were functional at the time of recovery and not affected by any injury or illness that caused the decedent’s death.B\n\nA copy of the certificate shall be filed with the attorney for the Commonwealth in the jurisdiction in which the decedent’s fatal injury occurred. The certificate shall not be admitted into evidence unless the attorney for the Commonwealth has provided a copy of the certificate to counsel for the defendant at least fourteen days prior to the proceeding in which it is to be offered into evidence.C\n\nAny such certificate, when properly notarized, purporting to be signed by the surgeon who removed the organs or other body parts shall be admissible in evidence without proof of seal or signature of the person whose name is signed to it. In any hearing or trial the accused shall have the right to call the person signing the certificate and the provisions of § 19.2-187.1 shall apply, mutatis mutandis.","order_by":null,"text":{"0":{"id":310067,"text":"In any criminal proceeding, the certificate of a duly qualified surgeon stating that he has removed organs or other body parts from a decedent for transplant in accordance with Chapter 8 (§ 32.1-277 et seq.) of Title 32.1, shall be admissible in evidence as evidence of the facts stated therein. The certificate shall be competent evidence to show that such organs or body parts were functional at the time of recovery and not affected by any injury or illness that caused the decedent’s death.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":310068,"text":"A copy of the certificate shall be filed with the attorney for the Commonwealth in the jurisdiction in which the decedent’s fatal injury occurred. The certificate shall not be admitted into evidence unless the attorney for the Commonwealth has provided a copy of the certificate to counsel for the defendant at least fourteen days prior to the proceeding in which it is to be offered into evidence.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":310069,"text":"Any such certificate, when properly notarized, purporting to be signed by the surgeon who removed the organs or other body parts shall be admissible in evidence without proof of seal or signature of the person whose name is signed to it. In any hearing or trial the accused shall have the right to call the person signing the certificate and the provisions of § 19.2-187.1 shall apply, mutatis mutandis.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":16023,"edition_id":1,"name":"Preliminary Hearing","identifier":"12","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 04:04:10","date_modified":"2026-06-26 04:04:10","permalink":{"id":168621,"object_type":"structure","relational_id":16023,"identifier":"12","token":"19.2\/12","url":"\/19.2\/12\/","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":76815,"structure_id":16023,"section_number":"19.2-183","catch_line":"Examination of witnesses; assistance of counsel; evidentiary matters and remedies; power to adjourn case","url":"\/19.2-183\/","token":"19.2\/12\/19.2-183","metadata":false},{"id":73768,"structure_id":16023,"section_number":"19.2-183.1","catch_line":"Joint preliminary hearings","url":"\/19.2-183.1\/","token":"19.2\/12\/19.2-183.1","metadata":false},{"id":75822,"structure_id":16023,"section_number":"19.2-184","catch_line":"Witnesses may be separated (Subsection (a) of Supreme Court Rule 2:615 derived in part from this section)","url":"\/19.2-184\/","token":"19.2\/12\/19.2-184","metadata":false},{"id":82925,"structure_id":16023,"section_number":"19.2-185","catch_line":"Testimony may be reduced to writing and subscribed","url":"\/19.2-185\/","token":"19.2\/12\/19.2-185","metadata":false},{"id":79502,"structure_id":16023,"section_number":"19.2-186","catch_line":"When accused to be discharged, tried, committed or bailed by judge","url":"\/19.2-186\/","token":"19.2\/12\/19.2-186","metadata":false},{"id":77353,"structure_id":16023,"section_number":"19.2-187","catch_line":"Admission into evidence of certain certificates of analysis","url":"\/19.2-187\/","token":"19.2\/12\/19.2-187","metadata":false},{"id":77294,"structure_id":16023,"section_number":"19.2-187.01","catch_line":"Certificate of analysis as evidence of chain of custody of material described therein","url":"\/19.2-187.01\/","token":"19.2\/12\/19.2-187.01","metadata":false},{"id":74057,"structure_id":16023,"section_number":"19.2-187.02","catch_line":"Admissibility of written reports or records of blood alcohol tests conducted in the regular course of providing emergency medical treatment","url":"\/19.2-187.02\/","token":"19.2\/12\/19.2-187.02","metadata":false},{"id":73680,"structure_id":16023,"section_number":"19.2-187.1","catch_line":"Procedures for notifying accused of certificate of analysis; waiver; continuances","url":"\/19.2-187.1\/","token":"19.2\/12\/19.2-187.1","metadata":false},{"id":62769,"structure_id":16023,"section_number":"19.2-187.2","catch_line":"Procedure for subpoena duces tecum of analysis evidence","url":"\/19.2-187.2\/","token":"19.2\/12\/19.2-187.2","metadata":false},{"id":84831,"structure_id":16023,"section_number":"19.2-188","catch_line":"Reports by Chief Medical Examiner received as evidence","url":"\/19.2-188\/","token":"19.2\/12\/19.2-188","metadata":false},{"id":67789,"structure_id":16023,"section_number":"19.2-188.1","catch_line":"Testimony regarding identification of controlled substances","url":"\/19.2-188.1\/","token":"19.2\/12\/19.2-188.1","metadata":false},{"id":86564,"structure_id":16023,"section_number":"19.2-188.2","catch_line":"Certificate of surgeon as evidence","url":"\/19.2-188.2\/","token":"19.2\/12\/19.2-188.2","metadata":false},{"id":67819,"structure_id":16023,"section_number":"19.2-188.3","catch_line":"Admissibility of affidavits by government officials regarding a search of government records (Subdivision (10)(b) of Supreme Court Rule 2:803 derived from this section)","url":"\/19.2-188.3\/","token":"19.2\/12\/19.2-188.3","metadata":false},{"id":75982,"structure_id":16023,"section_number":"19.2-188.4","catch_line":"Two-way video testimony related to certain forensic medical examinations","url":"\/19.2-188.4\/","token":"19.2\/12\/19.2-188.4","metadata":false},{"id":75244,"structure_id":16023,"section_number":"19.2-189","catch_line":"Commitment of accused for further examination","url":"\/19.2-189\/","token":"19.2\/12\/19.2-189","metadata":false},{"id":81953,"structure_id":16023,"section_number":"19.2-190","catch_line":"To whom, and when, examination and recognizance to be certified","url":"\/19.2-190\/","token":"19.2\/12\/19.2-190","metadata":false},{"id":64672,"structure_id":16023,"section_number":"19.2-190.1","catch_line":"Certification of ancillary misdemeanor offenses","url":"\/19.2-190.1\/","token":"19.2\/12\/19.2-190.1","metadata":false},{"id":77289,"structure_id":16023,"section_number":"19.2-190.2","catch_line":"Withdrawal of privately retained counsel","url":"\/19.2-190.2\/","token":"19.2\/12\/19.2-190.2","metadata":false}],"previous_section":{"id":67789,"structure_id":16023,"section_number":"19.2-188.1","catch_line":"Testimony regarding identification of controlled substances","url":"\/19.2-188.1\/","token":"19.2\/12\/19.2-188.1","metadata":false},"next_section":{"id":67819,"structure_id":16023,"section_number":"19.2-188.3","catch_line":"Admissibility of affidavits by government officials regarding a search of government records (Subdivision (10)(b) of Supreme Court Rule 2:803 derived from this section)","url":"\/19.2-188.3\/","token":"19.2\/12\/19.2-188.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-188.2\/","history_text":"

This law was first created in 1997. The record of its establishment is cataloged in chapter 557<\/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.<\/p>","references":false,"refers_to":[{"id":73680,"section_number":"19.2-187.1","catch_line":"Procedures for notifying accused of certificate of analysis; waiver; continuances","order_by":null,"url":"\/19.2-187.1\/"},{"id":63189,"section_number":"32.1-277","catch_line":"Office of the Chief Medical Examiner; central and district offices and facilities","order_by":null,"url":"\/32.1-277\/"}],"permalink":{"id":168671,"object_type":"law","relational_id":86564,"identifier":"19.2-188.2","token":"19.2\/12\/19.2-188.2","url":"\/19.2-188.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-188.2\/","token":"19.2\/12\/19.2-188.2","dublin_core":{"Title":"Certificate of surgeon as evidence","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-188.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In any criminal proceeding, the certificate of a duly qualified surgeon stating that he has removed organs or other body parts from a decedent for transplant in accordance with Chapter 8 (§ 32.1-277<\/a> et seq.) of Title 32.1, shall be admissible<\/span> in evidence<\/span> as evidence<\/span> of the facts<\/span> stated therein. The certificate shall be competent evidence<\/span> to show that such organs or body parts were functional at the time of recovery and not affected by any injury or illness that caused the decedent’s death. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A copy of the certificate shall be filed with the attorney for the Commonwealth in the jurisdiction<\/span> in which the decedent’s fatal injury occurred. The certificate shall not be admitted into evidence<\/span> unless the attorney for the Commonwealth has provided a copy of the certificate to counsel<\/span> for the defendant<\/span> at least fourteen days prior to the proceeding in which it is to be offered into evidence<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any such certificate, when properly notarized, purporting to be signed by the surgeon who removed the organs or other body parts shall be admissible<\/span> in evidence<\/span> without proof of seal or signature of the person whose name is signed to it. In any hearing<\/span> or trial<\/span> the accused<\/span> shall have the right to call the person signing the certificate and the provisions of § 19.2-187.1<\/a> shall apply, mutatis mutandis<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCERTIFICATE OF SURGEON AS EVIDENCE (\u00a7 19.2-188.2)\n\nA. In any criminal proceeding, the certificate of a duly qualified surgeon\nstating that he has removed organs or other body parts from a decedent for\ntransplant in accordance with Chapter 8 (§ 32.1-277 et seq.) of Title 32.1,\nshall be admissible in evidence as evidence of the facts stated therein. The\ncertificate shall be competent evidence to show that such organs or body parts\nwere functional at the time of recovery and not affected by any injury or\nillness that caused the decedent’s death.\n\nB. A copy of the certificate shall be filed with the attorney for the\nCommonwealth in the jurisdiction in which the decedent’s fatal injury\noccurred. The certificate shall not be admitted into evidence unless the\nattorney for the Commonwealth has provided a copy of the certificate to counsel\nfor the defendant at least fourteen days prior to the proceeding in which it is\nto be offered into evidence.\n\nC. Any such certificate, when properly notarized, purporting to be signed by the\nsurgeon who removed the organs or other body parts shall be admissible in\nevidence without proof of seal or signature of the person whose name is signed\nto it. In any hearing or trial the accused shall have the right to call the\nperson signing the certificate and the provisions of § 19.2-187.1 shall\napply, mutatis mutandis.\n\nHISTORY: 1997, c. 557.","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}}