{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-368.6.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-368.6.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-368.6.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-368.6.html"}],"law_id":78054,"edition_id":1,"section_id":78054,"structure_id":14498,"section_number":"19.2-368.6","catch_line":"Assignment of claims; investigation; hearing; confidentiality of records; decisions","history":"1976, c. 605; 1977, c. 215; 1994, c. 834; 1997, c. 528; 1998, c. 484.","full_text":"A\n\nA claim, when accepted for filing, shall be properly investigated, and, if necessary, assigned by the chairman to a commissioner, deputy commissioner or other proper party for disposition. All claims arising from the death of an individual shall be considered together by the same person.B\n\nThe person to whom such claim is assigned shall examine the papers filed in support of the claim and shall thereupon cause an investigation to be conducted into the validity of the claim. The investigation shall include, but not be limited to, an examination of police, court and official records and reports concerning the crime, and an examination of medical and hospital reports relating to the injury upon which the claim is based. Health care providers, as defined in § 8.01-581.1, shall provide medical and hospital reports relating to the diagnosis and treatment of the injury upon which the claim is based to the Commission, upon request.C\n\nClaims shall be investigated and determined, regardless of whether the alleged criminal has been apprehended or prosecuted for, or convicted of, any crime based upon the same incident, or has been acquitted, or found not guilty of the crime in question owing to a lack of criminal responsibility or other legal exemption.D\n\nThere shall be a rebuttable presumption that the claimant did not contribute to and was not responsible for the infliction of his injury.E\n\nThe person to whom a claim is assigned may decide the claim in favor of a claimant on the basis of the papers filed in support thereof and the report of the investigation of the claim. If he is unable to decide the claim, upon the basis of the said papers and report, he shall order a hearing. At the hearing any relevant evidence, not legally privileged, shall be admissible. The hearing of any claim involving a claimant or victim who is a juvenile shall be closed. All records, papers, and reports involving such claim shall be confidential except as to the amount of the award and nonidentifying information concerning the claimant or victim.F\n\nFor purposes of this chapter, confidentiality provided for by law applicable to a claimant’s or victim’s juvenile court records shall not be applicable to the extent that the Commission shall have access to those records only for the purposes set forth in this chapter.G\n\nAfter examining the papers filed in support of the claim, and the report of investigation, and after a hearing, if any, a decision shall be made either granting an award pursuant to § 19.2-368.11:1 of this chapter or denying the claim.H\n\nThe person making a decision shall issue a written report setting forth such decision and his reasons therefor, and shall notify the claimant and furnish him a copy of such report.","order_by":null,"text":{"0":{"id":279840,"text":"A claim, when accepted for filing, shall be properly investigated, and, if necessary, assigned by the chairman to a commissioner, deputy commissioner or other proper party for disposition. All claims arising from the death of an individual shall be considered together by the same person.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":279841,"text":"The person to whom such claim is assigned shall examine the papers filed in support of the claim and shall thereupon cause an investigation to be conducted into the validity of the claim. The investigation shall include, but not be limited to, an examination of police, court and official records and reports concerning the crime, and an examination of medical and hospital reports relating to the injury upon which the claim is based. Health care providers, as defined in § 8.01-581.1, shall provide medical and hospital reports relating to the diagnosis and treatment of the injury upon which the claim is based to the Commission, upon request.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":279842,"text":"Claims shall be investigated and determined, regardless of whether the alleged criminal has been apprehended or prosecuted for, or convicted of, any crime based upon the same incident, or has been acquitted, or found not guilty of the crime in question owing to a lack of criminal responsibility or other legal exemption.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":279843,"text":"There shall be a rebuttable presumption that the claimant did not contribute to and was not responsible for the infliction of his injury.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":279844,"text":"The person to whom a claim is assigned may decide the claim in favor of a claimant on the basis of the papers filed in support thereof and the report of the investigation of the claim. If he is unable to decide the claim, upon the basis of the said papers and report, he shall order a hearing. At the hearing any relevant evidence, not legally privileged, shall be admissible. The hearing of any claim involving a claimant or victim who is a juvenile shall be closed. All records, papers, and reports involving such claim shall be confidential except as to the amount of the award and nonidentifying information concerning the claimant or victim.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":279845,"text":"For purposes of this chapter, confidentiality provided for by law applicable to a claimant’s or victim’s juvenile court records shall not be applicable to the extent that the Commission shall have access to those records only for the purposes set forth in this chapter.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":279846,"text":"After examining the papers filed in support of the claim, and the report of investigation, and after a hearing, if any, a decision shall be made either granting an award pursuant to § 19.2-368.11:1 of this chapter or denying the claim.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":279847,"text":"The person making a decision shall issue a written report setting forth such decision and his reasons therefor, and shall notify the claimant and furnish him a copy of such report.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-368.6\/","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 4 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 1994, chapter 834<\/a>; in 1997, chapter 528<\/a>; in 1998, chapter 484<\/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":57918,"section_number":"19.2-368.14","catch_line":"Public record; exception","order_by":null,"url":"\/19.2-368.14\/"}],"refers_to":[{"id":76311,"section_number":"19.2-368.11:1","catch_line":"Amount of award","order_by":null,"url":"\/19.2-368.11_1\/"},{"id":79489,"section_number":"8.01-581.1","catch_line":"Definitions","order_by":null,"url":"\/8.01-581.1\/"}],"permalink":{"id":170213,"object_type":"law","relational_id":78054,"identifier":"19.2-368.6","token":"19.2\/21.1\/19.2-368.6","url":"\/19.2-368.6\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-368.6\/","token":"19.2\/21.1\/19.2-368.6","dublin_core":{"Title":"Assignment of claims; investigation; hearing; confidentiality of records; decisions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-368.6","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A claim, when accepted for filing, shall be properly investigated, and, if necessary, assigned by the chairman to a commissioner, deputy commissioner or other proper party<\/span> for disposition<\/span>. All claims arising from the death of an individual shall be considered together by the same person. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The person to whom such claim is assigned shall examine the papers filed in support of the claim and shall thereupon cause an investigation to be conducted into the validity of the claim. The investigation shall include, but not be limited to, an examination of police, court<\/span> and official records and reports concerning the crime<\/span>, and an examination of medical and hospital reports relating to the injury upon which the claim is based. Health care providers, as defined in § 8.01-581.1<\/a>, shall provide medical and hospital reports relating to the diagnosis and treatment of the injury upon which the claim is based to the Commission<\/span>, upon request. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Claims shall be investigated and determined, regardless of whether the alleged criminal has been apprehended or prosecuted for, or convicted of, any crime<\/span> based upon the same incident, or has been acquitted, or found not guilty of the crime<\/span> in question owing to a lack of criminal responsibility or other legal exemption. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> There shall be a rebuttable presumption<\/span> that the claimant<\/span> did not contribute to and was not responsible for the infliction of his injury. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The person to whom a claim is assigned may decide the claim in favor of a claimant<\/span> on the basis of the papers filed in support thereof and the report of the investigation of the claim. If he is unable to decide the claim, upon the basis of the said papers and report, he shall order<\/span> a hearing<\/span>. At the hearing<\/span> any relevant evidence<\/span>, not legally privileged, shall be admissible<\/span>. The hearing<\/span> of any claim involving a claimant<\/span> or victim<\/span> who is a juvenile shall be closed. All records, papers, and reports involving such claim shall be confidential except as to the amount of the award and nonidentifying information concerning the claimant<\/span> or victim<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> For purposes of this chapter, confidentiality provided for by law<\/span> applicable to a claimant<\/span>’s or victim<\/span>’s juvenile court<\/span> records shall not be applicable to the extent that the Commission<\/span> shall have access to those records only for the purposes set forth in this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> After examining the papers filed in support of the claim, and the report of investigation, and after a hearing<\/span>, if any, a decision shall be made either granting an award pursuant to § 19.2-368.11:1<\/a> of this chapter or denying the claim. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> The person making a decision shall issue<\/span> a written report setting forth such decision and his reasons therefor, and shall notify the claimant<\/span> and furnish him a copy of such report. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nASSIGNMENT OF CLAIMS; INVESTIGATION; HEARING; CONFIDENTIALITY OF RECORDS;\nDECISIONS (\u00a7 19.2-368.6)\n\nA. A claim, when accepted for filing, shall be properly investigated, and, if\nnecessary, assigned by the chairman to a commissioner, deputy commissioner or\nother proper party for disposition. All claims arising from the death of an\nindividual shall be considered together by the same person.\n\nB. The person to whom such claim is assigned shall examine the papers filed in\nsupport of the claim and shall thereupon cause an investigation to be conducted\ninto the validity of the claim. The investigation shall include, but not be\nlimited to, an examination of police, court and official records and reports\nconcerning the crime, and an examination of medical and hospital reports\nrelating to the injury upon which the claim is based. Health care providers, as\ndefined in § 8.01-581.1, shall provide medical and hospital reports\nrelating to the diagnosis and treatment of the injury upon which the claim is\nbased to the Commission, upon request.\n\nC. Claims shall be investigated and determined, regardless of whether the\nalleged criminal has been apprehended or prosecuted for, or convicted of, any\ncrime based upon the same incident, or has been acquitted, or found not guilty\nof the crime in question owing to a lack of criminal responsibility or other\nlegal exemption.\n\nD. There shall be a rebuttable presumption that the claimant did not contribute\nto and was not responsible for the infliction of his injury.\n\nE. The person to whom a claim is assigned may decide the claim in favor of a\nclaimant on the basis of the papers filed in support thereof and the report of\nthe investigation of the claim. If he is unable to decide the claim, upon the\nbasis of the said papers and report, he shall order a hearing. At the hearing\nany relevant evidence, not legally privileged, shall be admissible. The hearing\nof any claim involving a claimant or victim who is a juvenile shall be closed.\nAll records, papers, and reports involving such claim shall be confidential\nexcept as to the amount of the award and nonidentifying information concerning\nthe claimant or victim.\n\nF. For purposes of this chapter, confidentiality provided for by law applicable\nto a claimant’s or victim’s juvenile court records shall not be\napplicable to the extent that the Commission shall have access to those records\nonly for the purposes set forth in this chapter.\n\nG. After examining the papers filed in support of the claim, and the report of\ninvestigation, and after a hearing, if any, a decision shall be made either\ngranting an award pursuant to § 19.2-368.11:1 of this chapter or denying\nthe claim.\n\nH. The person making a decision shall issue a written report setting forth such\ndecision and his reasons therefor, and shall notify the claimant and furnish him\na copy of such report.\n\nHISTORY: 1976, c. 605; 1977, c. 215; 1994, c. 834; 1997, c. 528; 1998, c. 484.","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}}