{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-368.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-368.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-368.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-368.3.html"}],"law_id":82147,"edition_id":1,"section_id":82147,"structure_id":14498,"section_number":"19.2-368.3","catch_line":"Powers and duties of Commission","history":"1976, c. 605; 1984, c. 619; 1986, c. 422; 1990, c. 551; 1992, c. 547; 1998, c. 484; 1999, cc. 703, 726; 2008, cc. 203, 251; 2010, c. 780; 2018, cc. 724, 725; 2021, Sp. Sess. I, c. 483; 2025, cc. 529, 538.","full_text":"The Commission shall have the following powers and duties in the administration of the provisions of this chapter:\n\n1\n\nTo adopt, promulgate, amend and rescind suitable rules and regulations to carry out the provisions and purposes of this chapter, to include a distinct policy (i) for the payment of physical evidence recovery kit examinations, including mileage at a rate provided by law incurred by a sexual assault forensic examiner as defined in &#xA7; 19.2-11.5, and (ii) to require each health care provider as defined in &#xA7; 8.01-581.1 that provides services under this chapter to negotiate with the Commission or its designee to establish prospective agreements relating to rates for payment of claims for such services allowed under &#xA7; 19.2-368.11:1, such rates to discharge the obligation to the provider in full except where the provider is an agency of the Commonwealth and the claimant receives a third party recovery in addition to the payment from the Fund.2\n\nNotwithstanding the provisions of &#xA7;&#xA7; 2.2-3706 and 2.2-3706.1, to acquire from the attorneys for the Commonwealth, State Police, local police departments, sheriffs&#8217; departments, and the Chief Medical Examiner such investigative results, information and data as will enable the Commission to determine if, in fact, a crime was committed or attempted, and the extent, if any, to which the victim or claimant was responsible for his own injury. These data shall include prior adult arrest records and juvenile court disposition records of the offender. For such purposes and in accordance with &#xA7; 16.1-305, the Commission may also acquire from the juvenile and domestic relations district courts a copy of the order of disposition relating to the crime. The use of any information received by the Commission pursuant to this subdivision shall be limited to carrying out the purposes set forth in this section, and this information shall be confidential and shall not be disseminated further. The agency from which the information is requested may submit original reports, portions thereof, summaries, or such other configurations of information as will comply with the requirements of this section.3\n\nTo hear and determine all claims for awards filed with the Commission pursuant to this chapter, and to reinvestigate or reopen cases as the Commission deems necessary.4\n\nTo require and direct medical examination of victims.5\n\nTo hold hearings, administer oaths or affirmations, examine any person under oath or affirmation and to issue summonses requiring the attendance and giving of testimony of witnesses and require the production of any books, papers, documentary or other evidence. The powers provided in this subsection may be delegated by the Commission to any member or employee thereof.6\n\nTo take or cause to be taken affidavits or depositions within or without the Commonwealth.7\n\nTo render each year to the Governor and to the General Assembly a written report of its activities. This report shall include a detailed section on all unclaimed restitution collected and disbursed to the victim from the Criminal Injuries Compensation Fund pursuant to subsection I of &#xA7; 19.2-305.1.8\n\nTo accept from the government of the United States grants of federal moneys for disbursement under the provisions of this chapter.9\n\nTo collect and disburse unclaimed restitution pursuant to subsection I of &#xA7; 19.2-305.1 and develop, in consultation with circuit court clerks and the Office of the Executive Secretary of the Supreme Court of Virginia, policies and procedures for the receipt, collection, and disbursement of unclaimed restitution to victims of crime.10\n\nTo identify and locate victims of crime for whom restitution owed to such victims has been deposited into the Criminal Injuries Compensation Fund pursuant to subsection I of &#xA7; 19.2-305.1. Notwithstanding the provisions of &#xA7;&#xA7; 2.2-3706 and 2.2-3706.1, the Commission may acquire from the attorneys for the Commonwealth, State Police, local police departments, and sheriffs&#8217; departments such information as will enable the Commission to identify and locate such victims. The use of any information received by the Commission pursuant to this subdivision shall be limited to carrying out the purposes set forth in this section, and this information shall be confidential and shall not be disseminated further.","order_by":null,"text":{"0":{"id":294415,"text":"The Commission shall have the following powers and duties in the administration of the provisions of this chapter:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":294416,"text":"To adopt, promulgate, amend and rescind suitable rules and regulations to carry out the provisions and purposes of this chapter, to include a distinct policy (i) for the payment of physical evidence recovery kit examinations, including mileage at a rate provided by law incurred by a sexual assault forensic examiner as defined in &#xA7; 19.2-11.5, and (ii) to require each health care provider as defined in &#xA7; 8.01-581.1 that provides services under this chapter to negotiate with the Commission or its designee to establish prospective agreements relating to rates for payment of claims for such services allowed under &#xA7; 19.2-368.11:1, such rates to discharge the obligation to the provider in full except where the provider is an agency of the Commonwealth and the claimant receives a third party recovery in addition to the payment from the Fund.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":294417,"text":"Notwithstanding the provisions of &#xA7;&#xA7; 2.2-3706 and 2.2-3706.1, to acquire from the attorneys for the Commonwealth, State Police, local police departments, sheriffs&#8217; departments, and the Chief Medical Examiner such investigative results, information and data as will enable the Commission to determine if, in fact, a crime was committed or attempted, and the extent, if any, to which the victim or claimant was responsible for his own injury. These data shall include prior adult arrest records and juvenile court disposition records of the offender. For such purposes and in accordance with &#xA7; 16.1-305, the Commission may also acquire from the juvenile and domestic relations district courts a copy of the order of disposition relating to the crime. The use of any information received by the Commission pursuant to this subdivision shall be limited to carrying out the purposes set forth in this section, and this information shall be confidential and shall not be disseminated further. The agency from which the information is requested may submit original reports, portions thereof, summaries, or such other configurations of information as will comply with the requirements of this section.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":294418,"text":"To hear and determine all claims for awards filed with the Commission pursuant to this chapter, and to reinvestigate or reopen cases as the Commission deems necessary.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":294419,"text":"To require and direct medical examination of victims.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":294420,"text":"To hold hearings, administer oaths or affirmations, examine any person under oath or affirmation and to issue summonses requiring the attendance and giving of testimony of witnesses and require the production of any books, papers, documentary or other evidence. The powers provided in this subsection may be delegated by the Commission to any member or employee thereof.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":294421,"text":"To take or cause to be taken affidavits or depositions within or without the Commonwealth.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":294422,"text":"To render each year to the Governor and to the General Assembly a written report of its activities. This report shall include a detailed section on all unclaimed restitution collected and disbursed to the victim from the Criminal Injuries Compensation Fund pursuant to subsection I of &#xA7; 19.2-305.1.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":294423,"text":"To accept from the government of the United States grants of federal moneys for disbursement under the provisions of this chapter.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"9":{"id":294424,"text":"To collect and disburse unclaimed restitution pursuant to subsection I of &#xA7; 19.2-305.1 and develop, in consultation with circuit court clerks and the Office of the Executive Secretary of the Supreme Court of Virginia, policies and procedures for the receipt, collection, and disbursement of unclaimed restitution to victims of crime.","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"10":{"id":294425,"text":"To identify and locate victims of crime for whom restitution owed to such victims has been deposited into the Criminal Injuries Compensation Fund pursuant to subsection I of &#xA7; 19.2-305.1. Notwithstanding the provisions of &#xA7;&#xA7; 2.2-3706 and 2.2-3706.1, the Commission may acquire from the attorneys for the Commonwealth, State Police, local police departments, and sheriffs&#8217; departments such information as will enable the Commission to identify and locate such victims. The use of any information received by the Commission pursuant to this subdivision shall be limited to carrying out the purposes set forth in this section, and this information shall be confidential and shall not be disseminated further.","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9"}},"ancestry":[{"id":14498,"edition_id":1,"name":"Compensating Victims of Crime","identifier":"21.1","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:48:22","date_modified":"2026-06-26 03:48:22","permalink":{"id":170139,"object_type":"structure","relational_id":14498,"identifier":"21.1","token":"19.2\/21.1","url":"\/19.2\/21.1\/","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":55906,"structure_id":14498,"section_number":"19.2-368.1","catch_line":"Findings; legislative intent","url":"\/19.2-368.1\/","token":"19.2\/21.1\/19.2-368.1","metadata":false},{"id":55954,"structure_id":14498,"section_number":"19.2-368.10","catch_line":"When awards to be made; reporting crime to law enforcement","url":"\/19.2-368.10\/","token":"19.2\/21.1\/19.2-368.10","metadata":false},{"id":79749,"structure_id":14498,"section_number":"19.2-368.11","catch_line":"Repealed","url":"\/19.2-368.11\/","token":"19.2\/21.1\/19.2-368.11","metadata":false},{"id":76311,"structure_id":14498,"section_number":"19.2-368.11:1","catch_line":"Amount of award","url":"\/19.2-368.11_1\/","token":"19.2\/21.1\/19.2-368.11_1","metadata":false},{"id":81425,"structure_id":14498,"section_number":"19.2-368.12","catch_line":"Awards not subject to execution or attachment; apportionment; reductions","url":"\/19.2-368.12\/","token":"19.2\/21.1\/19.2-368.12","metadata":false},{"id":57970,"structure_id":14498,"section_number":"19.2-368.13","catch_line":"Repealed","url":"\/19.2-368.13\/","token":"19.2\/21.1\/19.2-368.13","metadata":false},{"id":57918,"structure_id":14498,"section_number":"19.2-368.14","catch_line":"Public record; exception","url":"\/19.2-368.14\/","token":"19.2\/21.1\/19.2-368.14","metadata":false},{"id":64326,"structure_id":14498,"section_number":"19.2-368.15","catch_line":"Subrogation of Commonwealth to claimant's right of action; lien in favor of the Commonwealth; disposition of funds collected","url":"\/19.2-368.15\/","token":"19.2\/21.1\/19.2-368.15","metadata":false},{"id":60267,"structure_id":14498,"section_number":"19.2-368.16","catch_line":"Claims to be made under oath","url":"\/19.2-368.16\/","token":"19.2\/21.1\/19.2-368.16","metadata":false},{"id":57112,"structure_id":14498,"section_number":"19.2-368.17","catch_line":"Public information program","url":"\/19.2-368.17\/","token":"19.2\/21.1\/19.2-368.17","metadata":false},{"id":63415,"structure_id":14498,"section_number":"19.2-368.18","catch_line":"Criminal Injuries Compensation Fund","url":"\/19.2-368.18\/","token":"19.2\/21.1\/19.2-368.18","metadata":false},{"id":69386,"structure_id":14498,"section_number":"19.2-368.2","catch_line":"Definitions","url":"\/19.2-368.2\/","token":"19.2\/21.1\/19.2-368.2","metadata":false},{"id":82147,"structure_id":14498,"section_number":"19.2-368.3","catch_line":"Powers and duties of Commission","url":"\/19.2-368.3\/","token":"19.2\/21.1\/19.2-368.3","metadata":false},{"id":73425,"structure_id":14498,"section_number":"19.2-368.3:1","catch_line":"Crime victims' ombudsman","url":"\/19.2-368.3_1\/","token":"19.2\/21.1\/19.2-368.3_1","metadata":false},{"id":68295,"structure_id":14498,"section_number":"19.2-368.4","catch_line":"Persons eligible for awards","url":"\/19.2-368.4\/","token":"19.2\/21.1\/19.2-368.4","metadata":false},{"id":78180,"structure_id":14498,"section_number":"19.2-368.5","catch_line":"Filing of claims; deferral of proceedings; restitution","url":"\/19.2-368.5\/","token":"19.2\/21.1\/19.2-368.5","metadata":false},{"id":69624,"structure_id":14498,"section_number":"19.2-368.5:1","catch_line":"Failure to perfect claim; denial","url":"\/19.2-368.5_1\/","token":"19.2\/21.1\/19.2-368.5_1","metadata":false},{"id":79106,"structure_id":14498,"section_number":"19.2-368.5:2","catch_line":"Effect of filing a claim; stay of debt collection activities by health care providers","url":"\/19.2-368.5_2\/","token":"19.2\/21.1\/19.2-368.5_2","metadata":false},{"id":78054,"structure_id":14498,"section_number":"19.2-368.6","catch_line":"Assignment of claims; investigation; hearing; confidentiality of records; decisions","url":"\/19.2-368.6\/","token":"19.2\/21.1\/19.2-368.6","metadata":false},{"id":72327,"structure_id":14498,"section_number":"19.2-368.7","catch_line":"Review by Commission","url":"\/19.2-368.7\/","token":"19.2\/21.1\/19.2-368.7","metadata":false},{"id":79821,"structure_id":14498,"section_number":"19.2-368.8","catch_line":"Reinvestigation of decision; reconsideration of award; judicial review","url":"\/19.2-368.8\/","token":"19.2\/21.1\/19.2-368.8","metadata":false},{"id":69058,"structure_id":14498,"section_number":"19.2-368.9","catch_line":"Emergency awards","url":"\/19.2-368.9\/","token":"19.2\/21.1\/19.2-368.9","metadata":false}],"previous_section":{"id":69386,"structure_id":14498,"section_number":"19.2-368.2","catch_line":"Definitions","url":"\/19.2-368.2\/","token":"19.2\/21.1\/19.2-368.2","metadata":false},"next_section":{"id":73425,"structure_id":14498,"section_number":"19.2-368.3:1","catch_line":"Crime victims' ombudsman","url":"\/19.2-368.3_1\/","token":"19.2\/21.1\/19.2-368.3_1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-368.3\/","history_text":"<p>This law was first created in 1976. The record of its establishment is cataloged in chapter 605 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. Unfortunately, the 1976 \u201cActs\u201d aren\u2019t available online. It has been modified 10 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 1984, chapter 619; in 1986, chapter 422; in 1990, chapter 551; in 1992, chapter 547; in 1998, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?981+ful+CHAP0484\">484<\/a>; in 1999, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?991+ful+CHAP0703\">703<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?991+ful+CHAP0726\">726<\/a>; in 2008, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0203\">203<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0251\">251<\/a>; in 2010, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?101+ful+CHAP0780\">780<\/a>; in 2018, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?181+ful+CHAP0724\">724<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?181+ful+CHAP0725\">725<\/a>; in 2025, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?251+ful+CHAP0529\">529<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?251+ful+CHAP0538\">538<\/a>.<\/p>","references":[{"id":76311,"section_number":"19.2-368.11:1","catch_line":"Amount of award","order_by":null,"url":"\/19.2-368.11_1\/"}],"refers_to":[{"id":87014,"section_number":"16.1-305","catch_line":"Confidentiality of court records","order_by":null,"url":"\/16.1-305\/"},{"id":57134,"section_number":"19.2-11.5","catch_line":"Definitions","order_by":null,"url":"\/19.2-11.5\/"},{"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":76311,"section_number":"19.2-368.11:1","catch_line":"Amount of award","order_by":null,"url":"\/19.2-368.11_1\/"},{"id":76628,"section_number":"2.2-3706","catch_line":"(Effective July 1, 2026) Disclosure of law-enforcement and criminal records; limitations","order_by":null,"url":"\/2.2-3706\/"},{"id":78370,"section_number":"2.2-3706.1","catch_line":"(Effective July 1, 2026) Disclosure of law-enforcement records; criminal incident information and certain criminal investigative files; limitations","order_by":null,"url":"\/2.2-3706.1\/"},{"id":79489,"section_number":"8.01-581.1","catch_line":"Definitions","order_by":null,"url":"\/8.01-581.1\/"}],"permalink":{"id":170189,"object_type":"law","relational_id":82147,"identifier":"19.2-368.3","token":"19.2\/21.1\/19.2-368.3","url":"\/19.2-368.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-368.3\/","token":"19.2\/21.1\/19.2-368.3","dublin_core":{"Title":"Powers and duties of Commission","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-368.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>The <span class=\"dictionary\">Commission<\/span> shall have the following powers and duties in the administration of the provisions of this chapter:<\/p><\/section>\n\t\t\t\t\t\t<section id=\"1\"><p><span class=\"prefix-number\">1.<\/span> To adopt, promulgate, <span class=\"dictionary\">amend<\/span> and rescind suitable rules and regulations to carry out the provisions and purposes of this chapter, to include a distinct policy (i) for the payment of physical <span class=\"dictionary\">evidence<\/span> recovery kit examinations, including mileage at a rate provided by <span class=\"dictionary\">law<\/span> incurred by a sexual <span class=\"dictionary\">assault<\/span> forensic examiner as defined in &#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/19.2-11.5\/\">19.2-11.5<\/a>, and (ii) to require each health care provider as defined in &#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/8.01-581.1\/\">8.01-581.1<\/a> that provides services under this chapter to negotiate with the <span class=\"dictionary\">Commission<\/span> or its designee to establish prospective agreements relating to rates for payment of claims for such services allowed under &#xA7; <a class=\"law\" title=\"Amount of award\" href=\"\/19.2-368.11_1\/\">19.2-368.11:1<\/a>, such rates to discharge the obligation to the provider in full except where the provider is an agency of the Commonwealth and the <span class=\"dictionary\">claimant<\/span> receives a third <span class=\"dictionary\">party<\/span> recovery in addition to the payment from the Fund. <a id=\"paragraph-294416\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-368.3\/#1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"2\"><p><span class=\"prefix-number\">2.<\/span> Notwithstanding the provisions of &#xA7;&#xA7; <a class=\"law\" title=\"(Effective July 1, 2026) Disclosure of law-enforcement and criminal records; limitations\" href=\"\/2.2-3706\/\">2.2-3706<\/a> and <a class=\"law\" title=\"(Effective July 1, 2026) Disclosure of law-enforcement records; criminal incident information and certain criminal investigative files; limitations\" href=\"\/2.2-3706.1\/\">2.2-3706.1<\/a>, to acquire from the attorneys for the Commonwealth, State Police, local police departments, sheriffs&#8217; departments, and the Chief Medical Examiner such investigative results, information and data as will enable the <span class=\"dictionary\">Commission<\/span> to determine if, in <span class=\"dictionary\">fact<\/span>, a <span class=\"dictionary\">crime<\/span> was committed or attempted, and the extent, if any, to which the <span class=\"dictionary\">victim<\/span> or <span class=\"dictionary\">claimant<\/span> was responsible for his own injury. These data shall include prior adult <span class=\"dictionary\">arrest<\/span> records and juvenile <span class=\"dictionary\">court<\/span> <span class=\"dictionary\">disposition<\/span> records of the offender. For such purposes and in accordance with &#xA7; <a class=\"law\" title=\"Confidentiality of court records\" href=\"\/16.1-305\/\">16.1-305<\/a>, the <span class=\"dictionary\">Commission<\/span> may also acquire from the juvenile and domestic relations district <span class=\"dictionary\">courts<\/span> a copy of the <span class=\"dictionary\">order<\/span> of <span class=\"dictionary\">disposition<\/span> relating to the <span class=\"dictionary\">crime<\/span>. The use of any information received by the <span class=\"dictionary\">Commission<\/span> pursuant to this subdivision shall be limited to carrying out the purposes set forth in this section, and this information shall be confidential and shall not be disseminated further. The agency from which the information is requested may submit original reports, portions thereof, summaries, or such other configurations of information as will comply with the requirements of this section. <a id=\"paragraph-294417\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-368.3\/#2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"3\"><p><span class=\"prefix-number\">3.<\/span> To hear and determine all claims for awards filed with the <span class=\"dictionary\">Commission<\/span> pursuant to this chapter, and to reinvestigate or reopen cases as the <span class=\"dictionary\">Commission<\/span> deems necessary. <a id=\"paragraph-294418\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-368.3\/#3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"4\"><p><span class=\"prefix-number\">4.<\/span> To require and direct medical examination of <span class=\"dictionary\">victims<\/span>. <a id=\"paragraph-294419\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-368.3\/#4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"5\"><p><span class=\"prefix-number\">5.<\/span> To hold <span class=\"dictionary\">hearings<\/span>, administer <span class=\"dictionary\">oaths<\/span> or affirmations, examine any person under <span class=\"dictionary\">oath<\/span> or affirmation and to <span class=\"dictionary\">issue<\/span> summonses requiring the attendance and giving of <span class=\"dictionary\">testimony<\/span> of witnesses and require the production of any books, papers, documentary or other <span class=\"dictionary\">evidence<\/span>. The powers provided in this subsection may be delegated by the <span class=\"dictionary\">Commission<\/span> to any member or employee thereof. <a id=\"paragraph-294420\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-368.3\/#5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"6\"><p><span class=\"prefix-number\">6.<\/span> To take or cause to be taken <span class=\"dictionary\">affidavits<\/span> or <span class=\"dictionary\">depositions<\/span> within or without the Commonwealth. <a id=\"paragraph-294421\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-368.3\/#6\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"7\"><p><span class=\"prefix-number\">7.<\/span> To render each year to the Governor and to the General Assembly a written report of its activities. This report shall include a detailed section on all unclaimed <span class=\"dictionary\">restitution<\/span> collected and disbursed to the <span class=\"dictionary\">victim<\/span> from the Criminal Injuries Compensation Fund pursuant to subsection I of &#xA7; <a class=\"law\" title=\"Restitution for property damage or loss; community service\" href=\"\/19.2-305.1\/\">19.2-305.1<\/a>. <a id=\"paragraph-294422\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-368.3\/#7\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"8\"><p><span class=\"prefix-number\">8.<\/span> To accept from the government of the United States grants of federal moneys for disbursement under the provisions of this chapter. <a id=\"paragraph-294423\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-368.3\/#8\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"9\"><p><span class=\"prefix-number\">9.<\/span> To collect and disburse unclaimed <span class=\"dictionary\">restitution<\/span> pursuant to subsection I of &#xA7; <a class=\"law\" title=\"Restitution for property damage or loss; community service\" href=\"\/19.2-305.1\/\">19.2-305.1<\/a> and develop, in consultation with <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> clerks and the Office of the Executive Secretary of the Supreme <span class=\"dictionary\">Court<\/span> of Virginia, policies and procedures for the receipt, collection, and disbursement of unclaimed <span class=\"dictionary\">restitution<\/span> to <span class=\"dictionary\">victims<\/span> of <span class=\"dictionary\">crime<\/span>. <a id=\"paragraph-294424\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-368.3\/#9\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"10\"><p><span class=\"prefix-number\">10.<\/span> To identify and locate <span class=\"dictionary\">victims<\/span> of <span class=\"dictionary\">crime<\/span> for whom <span class=\"dictionary\">restitution<\/span> owed to such <span class=\"dictionary\">victims<\/span> has been deposited into the Criminal Injuries Compensation Fund pursuant to subsection I of &#xA7; <a class=\"law\" title=\"Restitution for property damage or loss; community service\" href=\"\/19.2-305.1\/\">19.2-305.1<\/a>. Notwithstanding the provisions of &#xA7;&#xA7; <a class=\"law\" title=\"(Effective July 1, 2026) Disclosure of law-enforcement and criminal records; limitations\" href=\"\/2.2-3706\/\">2.2-3706<\/a> and <a class=\"law\" title=\"(Effective July 1, 2026) Disclosure of law-enforcement records; criminal incident information and certain criminal investigative files; limitations\" href=\"\/2.2-3706.1\/\">2.2-3706.1<\/a>, the <span class=\"dictionary\">Commission<\/span> may acquire from the attorneys for the Commonwealth, State Police, local police departments, and sheriffs&#8217; departments such information as will enable the <span class=\"dictionary\">Commission<\/span> to identify and locate such <span class=\"dictionary\">victims<\/span>. The use of any information received by the <span class=\"dictionary\">Commission<\/span> pursuant to this subdivision shall be limited to carrying out the purposes set forth in this section, and this information shall be confidential and shall not be disseminated further. <a id=\"paragraph-294425\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-368.3\/#10\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nPOWERS AND DUTIES OF COMMISSION (\u00a7 19.2-368.3)\n\nThe Commission shall have the following powers and duties in the administration\nof the provisions of this chapter:\n\n1. To adopt, promulgate, amend and rescind suitable rules and regulations to\ncarry out the provisions and purposes of this chapter, to include a distinct\npolicy (i) for the payment of physical evidence recovery kit examinations,\nincluding mileage at a rate provided by law incurred by a sexual assault\nforensic examiner as defined in &#xA7; 19.2-11.5, and (ii) to require each\nhealth care provider as defined in &#xA7; 8.01-581.1 that provides services\nunder this chapter to negotiate with the Commission or its designee to establish\nprospective agreements relating to rates for payment of claims for such services\nallowed under &#xA7; 19.2-368.11:1, such rates to discharge the obligation to\nthe provider in full except where the provider is an agency of the Commonwealth\nand the claimant receives a third party recovery in addition to the payment from\nthe Fund.\n\n2. Notwithstanding the provisions of &#xA7;&#xA7; 2.2-3706 and 2.2-3706.1, to\nacquire from the attorneys for the Commonwealth, State Police, local police\ndepartments, sheriffs&#8217; departments, and the Chief Medical Examiner such\ninvestigative results, information and data as will enable the Commission to\ndetermine if, in fact, a crime was committed or attempted, and the extent, if\nany, to which the victim or claimant was responsible for his own injury. These\ndata shall include prior adult arrest records and juvenile court disposition\nrecords of the offender. For such purposes and in accordance with &#xA7;\n16.1-305, the Commission may also acquire from the juvenile and domestic\nrelations district courts a copy of the order of disposition relating to the\ncrime. The use of any information received by the Commission pursuant to this\nsubdivision shall be limited to carrying out the purposes set forth in this\nsection, and this information shall be confidential and shall not be\ndisseminated further. The agency from which the information is requested may\nsubmit original reports, portions thereof, summaries, or such other\nconfigurations of information as will comply with the requirements of this\nsection.\n\n3. To hear and determine all claims for awards filed with the Commission\npursuant to this chapter, and to reinvestigate or reopen cases as the Commission\ndeems necessary.\n\n4. To require and direct medical examination of victims.\n\n5. To hold hearings, administer oaths or affirmations, examine any person under\noath or affirmation and to issue summonses requiring the attendance and giving\nof testimony of witnesses and require the production of any books, papers,\ndocumentary or other evidence. The powers provided in this subsection may be\ndelegated by the Commission to any member or employee thereof.\n\n6. To take or cause to be taken affidavits or depositions within or without the\nCommonwealth.\n\n7. To render each year to the Governor and to the General Assembly a written\nreport of its activities. This report shall include a detailed section on all\nunclaimed restitution collected and disbursed to the victim from the Criminal\nInjuries Compensation Fund pursuant to subsection I of &#xA7; 19.2-305.1.\n\n8. To accept from the government of the United States grants of federal moneys\nfor disbursement under the provisions of this chapter.\n\n9. To collect and disburse unclaimed restitution pursuant to subsection I of\n&#xA7; 19.2-305.1 and develop, in consultation with circuit court clerks and the\nOffice of the Executive Secretary of the Supreme Court of Virginia, policies and\nprocedures for the receipt, collection, and disbursement of unclaimed\nrestitution to victims of crime.\n\n10. To identify and locate victims of crime for whom restitution owed to such\nvictims has been deposited into the Criminal Injuries Compensation Fund pursuant\nto subsection I of &#xA7; 19.2-305.1. Notwithstanding the provisions of\n&#xA7;&#xA7; 2.2-3706 and 2.2-3706.1, the Commission may acquire from the\nattorneys for the Commonwealth, State Police, local police departments, and\nsheriffs&#8217; departments such information as will enable the Commission to\nidentify and locate such victims. The use of any information received by the\nCommission pursuant to this subdivision shall be limited to carrying out the\npurposes set forth in this section, and this information shall be confidential\nand shall not be disseminated further.\n\nHISTORY: 1976, c. 605; 1984, c. 619; 1986, c. 422; 1990, c. 551; 1992, c. 547;\n1998, c. 484; 1999, cc. 703, 726; 2008, cc. 203, 251; 2010, c. 780; 2018, cc.\n724, 725; 2021, Sp. Sess. I, c. 483; 2025, cc. 529, 538.","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}}