{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-368.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-368.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-368.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-368.5.html"}],"law_id":78180,"edition_id":1,"section_id":78180,"structure_id":14498,"section_number":"19.2-368.5","catch_line":"Filing of claims; deferral of proceedings; restitution","history":"1976, c. 605; 1977, c. 215; 1978, c. 122; 1986, c. 457; 1992, c. 681; 1997, c. 801; 1998, c. 484; 2001, cc. 363, 855; 2002, c. 665; 2005, c. 683; 2006, c. 414; 2009, c. 381; 2014, cc. 251, 665; 2016, c. 456; 2024, cc. 175, 254; 2025, cc. 225, 244.","full_text":"A\n\nA claim may be filed by a person eligible to receive an award, as provided in § 19.2-368.4, or if such person is a minor, by his parent or guardian. In any case in which the person entitled to make a claim is incapacitated, the claim may be filed on his behalf by his guardian, conservator or such other individual authorized to administer his estate.B\n\nA claim shall be filed by the claimant not later than three years after the occurrence of the crime upon which such claim is based, or not later than three years after the death of the victim. However, (i) in cases involving claims made on behalf of a minor or a person who is incapacitated, the provisions of subsection A of § 8.01-229 shall apply to toll the three-year period; (ii) in cases involving claims made by a victim against profits of crime held in escrow pursuant to Chapter 21.2 (§ 19.2-368.19 et seq.), the claim shall be filed within five years of the date of the special order of escrow; and (iii) in cases involving claims of sexual abuse of a minor, the claim shall be filed within 10 years after the minor’s eighteenth birthday, except for in cases involving claims of sexual abuse of a minor where the conduct constitutes a felony, the passage of time shall not be a barrier to when the victim can file a claim. For good cause shown, the Commission may extend the time for filing for a crime committed on or after July 1, 2001.\n\t\t\tIn the case of a crime committed on or after July 1, 1977, and before July 1, 2001, for which a claim was not filed in a timely manner, the Commission may, for good cause shown, extend the time for filing if the attorney for the Commonwealth sends written notification to the Commission that the crime is being investigated as a result of newly discovered evidence. For any claim filed pursuant to this paragraph, the Commission shall only consider expenses and loss of earnings that the claimant accrues after the date of newly discovered evidence as stipulated in the written notification by the attorney for the Commonwealth.C\n\nClaims shall be filed in the office of the Commission in person, by mail, or by electronic means in accordance with standards approved by the Commission. The Commission shall accept for filing all claims submitted by persons eligible under subsection A and alleging the jurisdictional requirements set forth in this chapter and meeting the requirements as to form in the rules and regulations of the Commission.D\n\nUpon filing of a claim pursuant to this chapter, the Commission shall promptly notify the attorney for the Commonwealth of the jurisdiction wherein the crime is alleged to have occurred, except when such claim is filed without the crime being reported to law enforcement. If, within 10 days after such notification, the attorney for the Commonwealth so notified advises the Commission that a criminal prosecution is pending upon the same alleged crime, the Commission shall defer all proceedings under this chapter until such time as such criminal prosecution has been concluded in the circuit court unless notification is received from the attorney for the Commonwealth that no objection is made to a continuation of the investigation and determination of the claim. When such criminal prosecution has been concluded in the circuit court the attorney for the Commonwealth shall promptly so notify the Commission. Nothing in this section shall be construed to mean that the Commission is to defer proceedings upon the filing of an appeal, nor shall this section be construed to limit the authority of the Commission to grant emergency awards as hereinafter provided. Upon awarding a claim pursuant to this chapter, the Commission shall promptly notify the attorney for the Commonwealth of the jurisdiction wherein the crime is alleged to have occurred. If a criminal prosecution occurs regarding the same alleged crime, the attorney for the Commonwealth shall request the court to order restitution. However, neither the lack of a restitution order, nor the failure of the attorney for the Commonwealth to request such an order, shall preclude the Fund from exercising its subrogation rights pursuant to § 19.2-368.15. Any such restitution shall be paid over to the Comptroller for deposit into the Criminal Injuries Compensation Fund to the extent of the amount of the award paid from the Fund.","order_by":null,"text":{"0":{"id":280250,"text":"A claim may be filed by a person eligible to receive an award, as provided in § 19.2-368.4, or if such person is a minor, by his parent or guardian. In any case in which the person entitled to make a claim is incapacitated, the claim may be filed on his behalf by his guardian, conservator or such other individual authorized to administer his estate.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":280251,"text":"A claim shall be filed by the claimant not later than three years after the occurrence of the crime upon which such claim is based, or not later than three years after the death of the victim. However, (i) in cases involving claims made on behalf of a minor or a person who is incapacitated, the provisions of subsection A of § 8.01-229 shall apply to toll the three-year period; (ii) in cases involving claims made by a victim against profits of crime held in escrow pursuant to Chapter 21.2 (§ 19.2-368.19 et seq.), the claim shall be filed within five years of the date of the special order of escrow; and (iii) in cases involving claims of sexual abuse of a minor, the claim shall be filed within 10 years after the minor’s eighteenth birthday, except for in cases involving claims of sexual abuse of a minor where the conduct constitutes a felony, the passage of time shall not be a barrier to when the victim can file a claim. For good cause shown, the Commission may extend the time for filing for a crime committed on or after July 1, 2001.\n\t\t\tIn the case of a crime committed on or after July 1, 1977, and before July 1, 2001, for which a claim was not filed in a timely manner, the Commission may, for good cause shown, extend the time for filing if the attorney for the Commonwealth sends written notification to the Commission that the crime is being investigated as a result of newly discovered evidence. For any claim filed pursuant to this paragraph, the Commission shall only consider expenses and loss of earnings that the claimant accrues after the date of newly discovered evidence as stipulated in the written notification by the attorney for the Commonwealth.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":280252,"text":"Claims shall be filed in the office of the Commission in person, by mail, or by electronic means in accordance with standards approved by the Commission. The Commission shall accept for filing all claims submitted by persons eligible under subsection A and alleging the jurisdictional requirements set forth in this chapter and meeting the requirements as to form in the rules and regulations of the Commission.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":280253,"text":"Upon filing of a claim pursuant to this chapter, the Commission shall promptly notify the attorney for the Commonwealth of the jurisdiction wherein the crime is alleged to have occurred, except when such claim is filed without the crime being reported to law enforcement. If, within 10 days after such notification, the attorney for the Commonwealth so notified advises the Commission that a criminal prosecution is pending upon the same alleged crime, the Commission shall defer all proceedings under this chapter until such time as such criminal prosecution has been concluded in the circuit court unless notification is received from the attorney for the Commonwealth that no objection is made to a continuation of the investigation and determination of the claim. When such criminal prosecution has been concluded in the circuit court the attorney for the Commonwealth shall promptly so notify the Commission. Nothing in this section shall be construed to mean that the Commission is to defer proceedings upon the filing of an appeal, nor shall this section be construed to limit the authority of the Commission to grant emergency awards as hereinafter provided. Upon awarding a claim pursuant to this chapter, the Commission shall promptly notify the attorney for the Commonwealth of the jurisdiction wherein the crime is alleged to have occurred. If a criminal prosecution occurs regarding the same alleged crime, the attorney for the Commonwealth shall request the court to order restitution. However, neither the lack of a restitution order, nor the failure of the attorney for the Commonwealth to request such an order, shall preclude the Fund from exercising its subrogation rights pursuant to § 19.2-368.15. Any such restitution shall be paid over to the Comptroller for deposit into the Criminal Injuries Compensation Fund to the extent of the amount of the award paid from the Fund.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-368.5\/","history_text":"

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 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 1977, chapter 215; in 1978, chapter 122; in 1986, chapter 457; in 1992, chapter 681; in 1997, chapter 801<\/a>; in 1998, chapter 484<\/a>; in 2001, chapters 363<\/a> and 855<\/a>; in 2002, chapter 665<\/a>; in 2005, chapter 683<\/a>; in 2006, chapter 414<\/a>; in 2009, chapter 381<\/a>; in 2014, chapters 251<\/a> and 665<\/a>; in 2016, chapter 456<\/a>; in 2024, chapters 175<\/a> and 254<\/a>; in 2025, chapters 225<\/a> and 244<\/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\/"},{"id":69624,"section_number":"19.2-368.5:1","catch_line":"Failure to perfect claim; denial","order_by":null,"url":"\/19.2-368.5_1\/"}],"refers_to":[{"id":64326,"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","order_by":null,"url":"\/19.2-368.15\/"},{"id":65351,"section_number":"19.2-368.19","catch_line":"Definitions","order_by":null,"url":"\/19.2-368.19\/"},{"id":68295,"section_number":"19.2-368.4","catch_line":"Persons eligible for awards","order_by":null,"url":"\/19.2-368.4\/"},{"id":64704,"section_number":"8.01-229","catch_line":"Suspension or tolling of statute of limitations; effect of disabilities; effect of death; injunction; prevention of service by defendant; dismissal, nonsuit or abatement; devise for payment of debts; new promises; debts proved in creditors' suits","order_by":null,"url":"\/8.01-229\/"}],"permalink":{"id":170201,"object_type":"law","relational_id":78180,"identifier":"19.2-368.5","token":"19.2\/21.1\/19.2-368.5","url":"\/19.2-368.5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-368.5\/","token":"19.2\/21.1\/19.2-368.5","dublin_core":{"Title":"Filing of claims; deferral of proceedings; restitution","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-368.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A claim may be filed by a person eligible to receive an award, as provided in § 19.2-368.4<\/a>, or if such person is a minor<\/span>, by his parent or guardian. In any case in which the person entitled to make a claim is incapacitated, the claim may be filed on his behalf by his guardian, conservator or such other individual authorized to administer his estate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A claim shall be filed by the claimant<\/span> not later than three years after the occurrence of the crime<\/span> upon which such claim is based, or not later than three years after the death of the victim<\/span>. However, (i) in cases involving claims made on behalf of a minor<\/span> or a person who is incapacitated, the provisions of subsection A of § 8.01-229<\/a> shall apply to toll the three-year period; (ii) in cases involving claims made by a victim<\/span> against profits of crime<\/span> held in escrow pursuant to Chapter 21.2 (§ 19.2-368.19<\/a> et seq.), the claim shall be filed within five years of the date of the special order<\/span> of escrow; and (iii) in cases involving claims of sexual abuse<\/span> of a minor<\/span>, the claim shall be filed within 10 years after the minor<\/span>’s eighteenth birthday, except for in cases involving claims of sexual abuse<\/span> of a minor<\/span> where the conduct constitutes a felony<\/span>, the passage of time shall not be a barrier to when the victim<\/span> can file a claim. For good cause shown, the Commission<\/span> may extend the time for filing for a crime<\/span> committed on or after July 1, 2001.\n\t\t\tIn the case of a crime<\/span> committed on or after July 1, 1977, and before July 1, 2001, for which a claim was not filed in a timely manner, the Commission<\/span> may, for good cause shown, extend the time for filing if the attorney for the Commonwealth sends written notification to the Commission<\/span> that the crime<\/span> is being investigated as a result of newly discovered evidence<\/span>. For any claim filed pursuant to this paragraph, the Commission<\/span> shall only consider expenses and loss of earnings that the claimant<\/span> accrues after the date of newly discovered evidence<\/span> as stipulated in the written notification by the attorney for the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Claims shall be filed in the office of the Commission<\/span> in person, by mail, or by electronic means in accordance with standards approved by the Commission<\/span>. The Commission<\/span> shall accept for filing all claims submitted by persons eligible under subsection A and alleging the jurisdictional requirements set forth in this chapter and meeting the requirements as to form in the rules and regulations of the Commission<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Upon filing of a claim pursuant to this chapter, the Commission<\/span> shall promptly notify the attorney for the Commonwealth of the jurisdiction<\/span> wherein the crime<\/span> is alleged to have occurred, except when such claim is filed without the crime<\/span> being reported to law<\/span> enforcement. If, within 10 days after such notification, the attorney for the Commonwealth so notified advises the Commission<\/span> that a criminal prosecution<\/span> is pending upon the same alleged crime<\/span>, the Commission<\/span> shall defer all proceedings under this chapter until such time as such criminal prosecution<\/span> has been concluded in the circuit<\/span> court<\/span> unless notification is received from the attorney for the Commonwealth that no objection is made to a continuation of the investigation and determination of the claim. When such criminal prosecution<\/span> has been concluded in the circuit<\/span> court<\/span> the attorney for the Commonwealth shall promptly so notify the Commission<\/span>. Nothing in this section shall be construed to mean that the Commission<\/span> is to defer proceedings upon the filing of an appeal<\/span>, nor shall this section be construed to limit the authority of the Commission<\/span> to grant emergency awards as hereinafter provided. Upon awarding a claim pursuant to this chapter, the Commission<\/span> shall promptly notify the attorney for the Commonwealth of the jurisdiction<\/span> wherein the crime<\/span> is alleged to have occurred. If a criminal prosecution<\/span> occurs regarding the same alleged crime<\/span>, the attorney for the Commonwealth shall request the court<\/span> to order<\/span> restitution<\/span>. However, neither the lack of a restitution<\/span> order<\/span>, nor the failure of the attorney for the Commonwealth to request such an order<\/span>, shall preclude the Fund from exercising its subrogation rights pursuant to § 19.2-368.15<\/a>. Any such restitution<\/span> shall be paid over to the Comptroller for deposit into the Criminal Injuries Compensation Fund to the extent of the amount of the award paid from the Fund. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nFILING OF CLAIMS; DEFERRAL OF PROCEEDINGS; RESTITUTION (\u00a7 19.2-368.5)\n\nA. A claim may be filed by a person eligible to receive an award, as provided in\n§ 19.2-368.4, or if such person is a minor, by his parent or guardian. In\nany case in which the person entitled to make a claim is incapacitated, the\nclaim may be filed on his behalf by his guardian, conservator or such other\nindividual authorized to administer his estate.\n\nB. A claim shall be filed by the claimant not later than three years after the\noccurrence of the crime upon which such claim is based, or not later than three\nyears after the death of the victim. However, (i) in cases involving claims made\non behalf of a minor or a person who is incapacitated, the provisions of\nsubsection A of § 8.01-229 shall apply to toll the three-year period; (ii)\nin cases involving claims made by a victim against profits of crime held in\nescrow pursuant to Chapter 21.2 (§ 19.2-368.19 et seq.), the claim shall be\nfiled within five years of the date of the special order of escrow; and (iii) in\ncases involving claims of sexual abuse of a minor, the claim shall be filed\nwithin 10 years after the minor’s eighteenth birthday, except for in cases\ninvolving claims of sexual abuse of a minor where the conduct constitutes a\nfelony, the passage of time shall not be a barrier to when the victim can file a\nclaim. For good cause shown, the Commission may extend the time for filing for a\ncrime committed on or after July 1, 2001.\n\t\t\tIn the case of a crime committed on or after July 1, 1977, and before July 1,\n2001, for which a claim was not filed in a timely manner, the Commission may,\nfor good cause shown, extend the time for filing if the attorney for the\nCommonwealth sends written notification to the Commission that the crime is\nbeing investigated as a result of newly discovered evidence. For any claim filed\npursuant to this paragraph, the Commission shall only consider expenses and loss\nof earnings that the claimant accrues after the date of newly discovered\nevidence as stipulated in the written notification by the attorney for the\nCommonwealth.\n\nC. Claims shall be filed in the office of the Commission in person, by mail, or\nby electronic means in accordance with standards approved by the Commission. The\nCommission shall accept for filing all claims submitted by persons eligible\nunder subsection A and alleging the jurisdictional requirements set forth in\nthis chapter and meeting the requirements as to form in the rules and\nregulations of the Commission.\n\nD. Upon filing of a claim pursuant to this chapter, the Commission shall\npromptly notify the attorney for the Commonwealth of the jurisdiction wherein\nthe crime is alleged to have occurred, except when such claim is filed without\nthe crime being reported to law enforcement. If, within 10 days after such\nnotification, the attorney for the Commonwealth so notified advises the\nCommission that a criminal prosecution is pending upon the same alleged crime,\nthe Commission shall defer all proceedings under this chapter until such time as\nsuch criminal prosecution has been concluded in the circuit court unless\nnotification is received from the attorney for the Commonwealth that no\nobjection is made to a continuation of the investigation and determination of\nthe claim. When such criminal prosecution has been concluded in the circuit\ncourt the attorney for the Commonwealth shall promptly so notify the Commission.\nNothing in this section shall be construed to mean that the Commission is to\ndefer proceedings upon the filing of an appeal, nor shall this section be\nconstrued to limit the authority of the Commission to grant emergency awards as\nhereinafter provided. Upon awarding a claim pursuant to this chapter, the\nCommission shall promptly notify the attorney for the Commonwealth of the\njurisdiction wherein the crime is alleged to have occurred. If a criminal\nprosecution occurs regarding the same alleged crime, the attorney for the\nCommonwealth shall request the court to order restitution. However, neither the\nlack of a restitution order, nor the failure of the attorney for the\nCommonwealth to request such an order, shall preclude the Fund from exercising\nits subrogation rights pursuant to § 19.2-368.15. Any such restitution\nshall be paid over to the Comptroller for deposit into the Criminal Injuries\nCompensation Fund to the extent of the amount of the award paid from the Fund.\n\nHISTORY: 1976, c. 605; 1977, c. 215; 1978, c. 122; 1986, c. 457; 1992, c. 681;\n1997, c. 801; 1998, c. 484; 2001, cc. 363, 855; 2002, c. 665; 2005, c. 683;\n2006, c. 414; 2009, c. 381; 2014, cc. 251, 665; 2016, c. 456; 2024, cc. 175,\n254; 2025, cc. 225, 244.","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}}