{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-188.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-188.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-188.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-188.4.html"}],"law_id":75982,"edition_id":1,"section_id":75982,"structure_id":16023,"section_number":"19.2-188.4","catch_line":"Two-way video testimony related to certain forensic medical examinations","history":"2022, c. 253.","full_text":"A\n\nAny testimony offered by either party in a preliminary hearing or sentencing hearing, or offered by the accused in any hearing other than a trial, by a sexual assault nurse examiner or sexual assault forensic examiner who performed a forensic medical examination may be presented using two-way video conferencing.B\n\nAny testimony offered by either party in a trial, or offered by the attorney for the Commonwealth in any hearing other than a preliminary hearing or sentencing hearing, by a sexual assault nurse examiner or sexual assault forensic examiner who performed a forensic medical examination may be presented by two-way video conferencing with the consent of the court and all parties.C\n\nThe two-way video testimony permitted by this section shall comply with the provisions of subsection B of § 19.2-3.1. In addition, unless otherwise agreed to by the parties and the court, (i) all orders pertaining to witnesses apply to witnesses testifying by two-way video conferencing; (ii) upon request, all materials read or used by the witness during his testimony shall be identified on the video; and (iii) any witness testifying by two-way video conferencing shall certify at the conclusion of his testimony, under penalty of perjury, that he did not engage in any off-camera communications with any person during his testimony.D\n\nNothing in this section shall be construed as requiring a locality to purchase a two-way electronic video and audio communication system. Any decision to purchase such a system is at the discretion of the locality.","order_by":null,"text":{"0":{"id":272777,"text":"Any testimony offered by either party in a preliminary hearing or sentencing hearing, or offered by the accused in any hearing other than a trial, by a sexual assault nurse examiner or sexual assault forensic examiner who performed a forensic medical examination may be presented using two-way video conferencing.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":272778,"text":"Any testimony offered by either party in a trial, or offered by the attorney for the Commonwealth in any hearing other than a preliminary hearing or sentencing hearing, by a sexual assault nurse examiner or sexual assault forensic examiner who performed a forensic medical examination may be presented by two-way video conferencing with the consent of the court and all parties.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":272779,"text":"The two-way video testimony permitted by this section shall comply with the provisions of subsection B of § 19.2-3.1. In addition, unless otherwise agreed to by the parties and the court, (i) all orders pertaining to witnesses apply to witnesses testifying by two-way video conferencing; (ii) upon request, all materials read or used by the witness during his testimony shall be identified on the video; and (iii) any witness testifying by two-way video conferencing shall certify at the conclusion of his testimony, under penalty of perjury, that he did not engage in any off-camera communications with any person during his testimony.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":272780,"text":"Nothing in this section shall be construed as requiring a locality to purchase a two-way electronic video and audio communication system. Any decision to purchase such a system is at the discretion of the locality.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-188.4\/","history_text":"

This law was first created in 2022. The record of its establishment is cataloged in chapter 253<\/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":84637,"section_number":"19.2-3.1","catch_line":"Personal appearance by two-way electronic video and audio communication; standards","order_by":null,"url":"\/19.2-3.1\/"}],"permalink":{"id":168679,"object_type":"law","relational_id":75982,"identifier":"19.2-188.4","token":"19.2\/12\/19.2-188.4","url":"\/19.2-188.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-188.4\/","token":"19.2\/12\/19.2-188.4","dublin_core":{"Title":"Two-way video testimony related to certain forensic medical examinations","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-188.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any testimony<\/span> offered by either party<\/span> in a preliminary hearing<\/span> or sentencing hearing, or offered by the accused<\/span> in any hearing other than a trial<\/span>, by a sexual assault<\/span> nurse examiner or sexual assault<\/span> forensic examiner who performed a forensic medical examination may be presented using two-way video conferencing. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any testimony<\/span> offered by either party<\/span> in a trial<\/span>, or offered by the attorney for the Commonwealth in any hearing other than a preliminary hearing<\/span> or sentencing hearing, by a sexual assault<\/span> nurse examiner or sexual assault<\/span> forensic examiner who performed a forensic medical examination may be presented by two-way video conferencing with the consent of the court<\/span> and all parties. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The two-way video testimony<\/span> permitted by this section shall comply with the provisions of subsection B of § 19.2-3.1<\/a>. In addition, unless otherwise agreed to by the parties and the court<\/span>, (i) all orders<\/span> pertaining to witnesses apply to witnesses testifying by two-way video conferencing; (ii) upon request, all materials<\/span> read or used by the witness<\/span> during his testimony<\/span> shall be identified on the video; and (iii) any witness<\/span> testifying by two-way video conferencing shall certify at the conclusion of his testimony<\/span>, under penalty<\/span> of perjury<\/span>, that he did not engage in any off-camera communications with any person during his testimony<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Nothing in this section shall be construed as requiring a locality to purchase a two-way electronic video and audio communication system. Any decision to purchase such a system is at the discretion of the locality. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTWO-WAY VIDEO TESTIMONY RELATED TO CERTAIN FORENSIC MEDICAL EXAMINATIONS (\u00a7\n19.2-188.4)\n\nA. Any testimony offered by either party in a preliminary hearing or sentencing\nhearing, or offered by the accused in any hearing other than a trial, by a\nsexual assault nurse examiner or sexual assault forensic examiner who performed\na forensic medical examination may be presented using two-way video\nconferencing.\n\nB. Any testimony offered by either party in a trial, or offered by the attorney\nfor the Commonwealth in any hearing other than a preliminary hearing or\nsentencing hearing, by a sexual assault nurse examiner or sexual assault\nforensic examiner who performed a forensic medical examination may be presented\nby two-way video conferencing with the consent of the court and all parties.\n\nC. The two-way video testimony permitted by this section shall comply with the\nprovisions of subsection B of § 19.2-3.1. In addition, unless otherwise\nagreed to by the parties and the court, (i) all orders pertaining to witnesses\napply to witnesses testifying by two-way video conferencing; (ii) upon request,\nall materials read or used by the witness during his testimony shall be\nidentified on the video; and (iii) any witness testifying by two-way video\nconferencing shall certify at the conclusion of his testimony, under penalty of\nperjury, that he did not engage in any off-camera communications with any person\nduring his testimony.\n\nD. Nothing in this section shall be construed as requiring a locality to\npurchase a two-way electronic video and audio communication system. Any decision\nto purchase such a system is at the discretion of the locality.\n\nHISTORY: 2022, c. 253.","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}}