{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-271.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-271.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-271.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-271.4.html"}],"law_id":74779,"edition_id":1,"section_id":74779,"structure_id":12962,"section_number":"19.2-271.4","catch_line":"Privileged communications by certain public safety personnel","history":"2012, cc. 148, 320; 2017, c. 609.","full_text":"A\n\nA person who is a member of a critical incident stress management or peer support team, established pursuant to subdivision A 13 of &#xA7; 32.1-111.3, shall not disclose nor be compelled to testify regarding any information communicated to him by emergency medical services or public safety personnel who are the subjects of peer support services regarding a critical incident. Such information shall also be exempt from the Virginia Freedom of Information Act (&#xA7; 2.2-3700 et seq.).B\n\nA person whose communications are privileged under subsection A may waive the privilege.C\n\nThe provisions of this section shall not apply when:1\n\nCriminal activity is revealed;2\n\nA member of a critical incident stress management or peer support team is a witness or a party to a critical incident that prompted the peer support services;3\n\nA member of a critical incident stress management or peer support team reveals the content of privileged information to prevent a crime against any other person or a threat to public safety;4\n\nThe privileged information reveals intent to defraud or deceive the investigation into the critical incident;5\n\nA member of a critical incident stress management or peer support team reveals the content of privileged information to the employer of the emergency medical services or public safety personnel regarding criminal acts committed or information that would indicate that the emergency medical services or public safety personnel pose a threat to themselves or others; or6\n\nA member of a critical incident stress management or peer support team is not acting in the role of a member at the time of the communication.D\n\nFor the purposes of this section, &#8220;critical incident&#8221; means an incident that induces an abnormally high level of negative emotions in response to a perceived loss of control. Such an incident is most often related to a threat to the well-being of the emergency medical services or public safety employee or to the well-being of another individual for whom such employee has some obligation of personal or professional concern.","order_by":null,"text":{"0":{"id":268729,"text":"A person who is a member of a critical incident stress management or peer support team, established pursuant to subdivision A 13 of &#xA7; 32.1-111.3, shall not disclose nor be compelled to testify regarding any information communicated to him by emergency medical services or public safety personnel who are the subjects of peer support services regarding a critical incident. Such information shall also be exempt from the Virginia Freedom of Information Act (&#xA7; 2.2-3700 et seq.).","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":268730,"text":"A person whose communications are privileged under subsection A may waive the privilege.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":268731,"text":"The provisions of this section shall not apply when:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":268732,"text":"Criminal activity is revealed;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":268733,"text":"A member of a critical incident stress management or peer support team is a witness or a party to a critical incident that prompted the peer support services;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":268734,"text":"A member of a critical incident stress management or peer support team reveals the content of privileged information to prevent a crime against any other person or a threat to public safety;","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"6":{"id":268735,"text":"The privileged information reveals intent to defraud or deceive the investigation into the critical incident;","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"7":{"id":268736,"text":"A member of a critical incident stress management or peer support team reveals the content of privileged information to the employer of the emergency medical services or public safety personnel regarding criminal acts committed or information that would indicate that the emergency medical services or public safety personnel pose a threat to themselves or others; or","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"C6"},"8":{"id":268737,"text":"A member of a critical incident stress management or peer support team is not acting in the role of a member at the time of the communication.","type":"section","prefixes":["C","6"],"prefix":"6","entire_prefix":"C6","prefix_anchor":"C6","level":2,"prior_prefix":"C5","next_prefix":"D"},"9":{"id":268738,"text":"For the purposes of this section, &#8220;critical incident&#8221; means an incident that induces an abnormally high level of negative emotions in response to a perceived loss of control. Such an incident is most often related to a threat to the well-being of the emergency medical services or public safety employee or to the well-being of another individual for whom such employee has some obligation of personal or professional concern.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C6"}},"ancestry":[{"id":12962,"edition_id":1,"name":"In General","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12961,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":169213,"object_type":"structure","relational_id":12962,"identifier":"1","token":"19.2\/16\/1","url":"\/19.2\/16\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12961,"edition_id":1,"name":"Evidence and Witnesses","identifier":"16","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":169211,"object_type":"structure","relational_id":12961,"identifier":"16","token":"19.2\/16","url":"\/19.2\/16\/","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":70616,"structure_id":12962,"section_number":"19.2-267","catch_line":"Provisions applicable to witnesses in criminal as well as civil cases; obligation to attend; summons","url":"\/19.2-267\/","token":"19.2\/16\/1\/19.2-267","metadata":false},{"id":80018,"structure_id":12962,"section_number":"19.2-267.1","catch_line":"Authority of law-enforcement officer to issue summons to witness; failure to appear","url":"\/19.2-267.1\/","token":"19.2\/16\/1\/19.2-267.1","metadata":false},{"id":58922,"structure_id":12962,"section_number":"19.2-267.2","catch_line":"Response to subpoena for information stored in electronic format","url":"\/19.2-267.2\/","token":"19.2\/16\/1\/19.2-267.2","metadata":false},{"id":83006,"structure_id":12962,"section_number":"19.2-268","catch_line":"Right of accused to testify","url":"\/19.2-268\/","token":"19.2\/16\/1\/19.2-268","metadata":false},{"id":72787,"structure_id":12962,"section_number":"19.2-268.1","catch_line":"Contradiction by prior inconsistent writing (Subdivision (b)(i) of Supreme Court Rule 2:613 derived in part from this section)","url":"\/19.2-268.1\/","token":"19.2\/16\/1\/19.2-268.1","metadata":false},{"id":76061,"structure_id":12962,"section_number":"19.2-268.2","catch_line":"Recent complaint hearsay exception (Subdivision (23) of Supreme Court Rule 2:803 derived from this section)","url":"\/19.2-268.2\/","token":"19.2\/16\/1\/19.2-268.2","metadata":false},{"id":64807,"structure_id":12962,"section_number":"19.2-268.3","catch_line":"Admissibility of statements by children in certain cases","url":"\/19.2-268.3\/","token":"19.2\/16\/1\/19.2-268.3","metadata":false},{"id":79860,"structure_id":12962,"section_number":"19.2-269","catch_line":"Convicts as witnesses (Supreme Court Rule 2:609 derived from this section)","url":"\/19.2-269\/","token":"19.2\/16\/1\/19.2-269","metadata":false},{"id":77666,"structure_id":12962,"section_number":"19.2-269.1","catch_line":"Inmates as witnesses in criminal cases","url":"\/19.2-269.1\/","token":"19.2\/16\/1\/19.2-269.1","metadata":false},{"id":67973,"structure_id":12962,"section_number":"19.2-269.2","catch_line":"Nondisclosure of addresses or telephone numbers of crime victims and witnesses","url":"\/19.2-269.2\/","token":"19.2\/16\/1\/19.2-269.2","metadata":false},{"id":63323,"structure_id":12962,"section_number":"19.2-270","catch_line":"When statement by accused as witness not received as evidence","url":"\/19.2-270\/","token":"19.2\/16\/1\/19.2-270","metadata":false},{"id":86326,"structure_id":12962,"section_number":"19.2-270.1","catch_line":"Use of photographs as evidence in certain larceny and burglary prosecutions","url":"\/19.2-270.1\/","token":"19.2\/16\/1\/19.2-270.1","metadata":false},{"id":86031,"structure_id":12962,"section_number":"19.2-270.1:1","catch_line":"Computer and electronic data in obscenity, etc. cases; access to defendant","url":"\/19.2-270.1_1\/","token":"19.2\/16\/1\/19.2-270.1_1","metadata":false},{"id":54053,"structure_id":12962,"section_number":"19.2-270.2","catch_line":"Disposition of money, securities or documents seized upon arrest, etc., and pertinent as evidence","url":"\/19.2-270.2\/","token":"19.2\/16\/1\/19.2-270.2","metadata":false},{"id":79537,"structure_id":12962,"section_number":"19.2-270.3","catch_line":"Admissible evidence as to identity of party presenting bad check, draft or order","url":"\/19.2-270.3\/","token":"19.2\/16\/1\/19.2-270.3","metadata":false},{"id":59185,"structure_id":12962,"section_number":"19.2-270.4","catch_line":"When donation, destruction, or return of exhibits received in evidence authorized","url":"\/19.2-270.4\/","token":"19.2\/16\/1\/19.2-270.4","metadata":false},{"id":58746,"structure_id":12962,"section_number":"19.2-270.4:1","catch_line":"Storage, preservation and retention of human biological evidence in felony cases","url":"\/19.2-270.4_1\/","token":"19.2\/16\/1\/19.2-270.4_1","metadata":false},{"id":73612,"structure_id":12962,"section_number":"19.2-270.5","catch_line":"DNA profile admissible in criminal proceeding","url":"\/19.2-270.5\/","token":"19.2\/16\/1\/19.2-270.5","metadata":false},{"id":78047,"structure_id":12962,"section_number":"19.2-270.6","catch_line":"Evidence of abuse admissible in certain criminal trials (Supreme Court Rule 2:409 derived from this section)","url":"\/19.2-270.6\/","token":"19.2\/16\/1\/19.2-270.6","metadata":false},{"id":58400,"structure_id":12962,"section_number":"19.2-270.7","catch_line":"Determining decibel level of sound with proper equipment; certificate as to accuracy of equipment","url":"\/19.2-270.7\/","token":"19.2\/16\/1\/19.2-270.7","metadata":false},{"id":82522,"structure_id":12962,"section_number":"19.2-271","catch_line":"Certain judicial officers incompetent to testify under certain circumstances; exceptions (Supreme Court Rule 2:605 derived from this section)","url":"\/19.2-271\/","token":"19.2\/16\/1\/19.2-271","metadata":false},{"id":74995,"structure_id":12962,"section_number":"19.2-271.1","catch_line":"Competency of spouses to testify","url":"\/19.2-271.1\/","token":"19.2\/16\/1\/19.2-271.1","metadata":false},{"id":66486,"structure_id":12962,"section_number":"19.2-271.2","catch_line":"Testimony of spouses in criminal cases (Subsection (b) of Supreme Court Rule 2:504 derived from this section)","url":"\/19.2-271.2\/","token":"19.2\/16\/1\/19.2-271.2","metadata":false},{"id":54753,"structure_id":12962,"section_number":"19.2-271.3","catch_line":"Communications between ministers of religion and persons they counsel or advise (Supreme Court Rule 2:503 derived in part from this section)","url":"\/19.2-271.3\/","token":"19.2\/16\/1\/19.2-271.3","metadata":false},{"id":74779,"structure_id":12962,"section_number":"19.2-271.4","catch_line":"Privileged communications by certain public safety personnel","url":"\/19.2-271.4\/","token":"19.2\/16\/1\/19.2-271.4","metadata":false},{"id":55255,"structure_id":12962,"section_number":"19.2-271.5","catch_line":"Protected information; newspersons engaged in journalism","url":"\/19.2-271.5\/","token":"19.2\/16\/1\/19.2-271.5","metadata":false},{"id":58525,"structure_id":12962,"section_number":"19.2-271.6","catch_line":"Evidence of defendant's mental condition admissible; notice to Commonwealth","url":"\/19.2-271.6\/","token":"19.2\/16\/1\/19.2-271.6","metadata":false},{"id":63925,"structure_id":12962,"section_number":"19.2-271.7","catch_line":"Notifying defendant of consequences criminal proceedings can have on immigration","url":"\/19.2-271.7\/","token":"19.2\/16\/1\/19.2-271.7","metadata":false}],"previous_section":{"id":54753,"structure_id":12962,"section_number":"19.2-271.3","catch_line":"Communications between ministers of religion and persons they counsel or advise (Supreme Court Rule 2:503 derived in part from this section)","url":"\/19.2-271.3\/","token":"19.2\/16\/1\/19.2-271.3","metadata":false},"next_section":{"id":55255,"structure_id":12962,"section_number":"19.2-271.5","catch_line":"Protected information; newspersons engaged in journalism","url":"\/19.2-271.5\/","token":"19.2\/16\/1\/19.2-271.5","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-271.4\/","history_text":"<p>This law was first created in 2012. The record of its establishment is cataloged in chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0148\">148<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0320\">320<\/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 1 time. 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. That modification is as follows: in 2017, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?171+ful+CHAP0609\">609<\/a>.<\/p>","references":false,"refers_to":[{"id":55569,"section_number":"2.2-3700","catch_line":"Short title; policy","order_by":null,"url":"\/2.2-3700\/"},{"id":73301,"section_number":"32.1-111.3","catch_line":"Statewide Emergency Medical Services Plan; Trauma Triage Plan; Stroke Triage Plan","order_by":null,"url":"\/32.1-111.3\/"}],"permalink":{"id":169311,"object_type":"law","relational_id":74779,"identifier":"19.2-271.4","token":"19.2\/16\/1\/19.2-271.4","url":"\/19.2-271.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-271.4\/","token":"19.2\/16\/1\/19.2-271.4","dublin_core":{"Title":"Privileged communications by certain public safety personnel","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-271.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> A person who is a member of a <span class=\"dictionary\">critical incident<\/span> stress management or peer support team, established pursuant to subdivision A 13 of &#xA7; <a class=\"law\" title=\"Statewide Emergency Medical Services Plan; Trauma Triage Plan; Stroke Triage Plan\" href=\"\/32.1-111.3\/\">32.1-111.3<\/a>, shall not disclose nor be compelled to testify regarding any information communicated to him by emergency medical services or public safety personnel who are the subjects of peer support services regarding a <span class=\"dictionary\">critical incident<\/span>. Such information shall also be exempt from the Virginia Freedom of Information Act (&#xA7; <a class=\"law\" title=\"Short title; policy\" href=\"\/2.2-3700\/\">2.2-3700<\/a> et seq.). <a id=\"paragraph-268729\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-271.4\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> A person whose communications are privileged under subsection A may <span class=\"dictionary\">waive<\/span> the <span class=\"dictionary\">privilege<\/span>. <a id=\"paragraph-268730\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-271.4\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> The provisions of this section shall not apply when: <a id=\"paragraph-268731\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-271.4\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Criminal activity is revealed; <a id=\"paragraph-268732\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-271.4\/#C1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> A member of a <span class=\"dictionary\">critical incident<\/span> stress management or peer support team is a <span class=\"dictionary\">witness<\/span> or a <span class=\"dictionary\">party<\/span> to a <span class=\"dictionary\">critical incident<\/span> that prompted the peer support services; <a id=\"paragraph-268733\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-271.4\/#C2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> A member of a <span class=\"dictionary\">critical incident<\/span> stress management or peer support team reveals the content of privileged information to prevent a <span class=\"dictionary\">crime<\/span> against any other person or a threat to public safety; <a id=\"paragraph-268734\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-271.4\/#C3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> The privileged information reveals <span class=\"dictionary\">intent<\/span> to defraud or deceive the investigation into the <span class=\"dictionary\">critical incident<\/span>; <a id=\"paragraph-268735\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-271.4\/#C4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> A member of a <span class=\"dictionary\">critical incident<\/span> stress management or peer support team reveals the content of privileged information to the employer of the emergency medical services or public safety personnel regarding criminal acts committed or information that would indicate that the emergency medical services or public safety personnel pose a threat to themselves or others; or <a id=\"paragraph-268736\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-271.4\/#C5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C6\" class=\"indent-1\"><p><span class=\"prefix-number\">6.<\/span> A member of a <span class=\"dictionary\">critical incident<\/span> stress management or peer support team is not acting in the role of a member at the time of the communication. <a id=\"paragraph-268737\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-271.4\/#C6\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> For the purposes of this section, &#8220;<span class=\"dictionary\">critical incident<\/span>&#8221; means an incident that induces an abnormally high level of negative emotions in response to a perceived loss of control. Such an incident is most often related to a threat to the well-being of the emergency medical services or public safety employee or to the well-being of another individual for whom such employee has some obligation of personal or professional concern. <a id=\"paragraph-268738\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-271.4\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nPRIVILEGED COMMUNICATIONS BY CERTAIN PUBLIC SAFETY PERSONNEL (\u00a7 19.2-271.4)\n\nA. A person who is a member of a critical incident stress management or peer\nsupport team, established pursuant to subdivision A 13 of &#xA7; 32.1-111.3,\nshall not disclose nor be compelled to testify regarding any information\ncommunicated to him by emergency medical services or public safety personnel who\nare the subjects of peer support services regarding a critical incident. Such\ninformation shall also be exempt from the Virginia Freedom of Information Act\n(&#xA7; 2.2-3700 et seq.).\n\nB. A person whose communications are privileged under subsection A may waive the\nprivilege.\n\nC. The provisions of this section shall not apply when:\n\n   1. Criminal activity is revealed;\n\n   2. A member of a critical incident stress management or peer support team is a\n   witness or a party to a critical incident that prompted the peer support\n   services;\n\n   3. A member of a critical incident stress management or peer support team\n   reveals the content of privileged information to prevent a crime against any\n   other person or a threat to public safety;\n\n   4. The privileged information reveals intent to defraud or deceive the\n   investigation into the critical incident;\n\n   5. A member of a critical incident stress management or peer support team\n   reveals the content of privileged information to the employer of the emergency\n   medical services or public safety personnel regarding criminal acts committed\n   or information that would indicate that the emergency medical services or\n   public safety personnel pose a threat to themselves or others; or\n\n   6. A member of a critical incident stress management or peer support team is\n   not acting in the role of a member at the time of the communication.\n\nD. For the purposes of this section, &#8220;critical incident&#8221; means an\nincident that induces an abnormally high level of negative emotions in response\nto a perceived loss of control. Such an incident is most often related to a\nthreat to the well-being of the emergency medical services or public safety\nemployee or to the well-being of another individual for whom such employee has\nsome obligation of personal or professional concern.\n\nHISTORY: 2012, cc. 148, 320; 2017, c. 609.","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}}