{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-368.8.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-368.8.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-368.8.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-368.8.html"}],"law_id":79821,"edition_id":1,"section_id":79821,"structure_id":14498,"section_number":"19.2-368.8","catch_line":"Reinvestigation of decision; reconsideration of award; judicial review","history":"1976, c. 605; 1977, c. 215; 1984, c. 703; 2001, c. 855; 2002, c. 665.","full_text":"A\n\nThe Commission, on its own motion, or upon request of the claimant, may reinvestigate or reopen a decision making or denying an award. Except for claims of sexual abuse that occurred while the victim was a minor, the Commission shall not reopen or reinvestigate a case after the expiration of two years from the date of submission of the original claim. Any claim involving the sexual abuse of a minor that has been denied before July 1, 2001, because it was not timely filed may, upon application filed with the Commission, be reconsidered provided the application for reconsideration is filed within ten years after the minor’s eighteenth birthday.B\n\nThe Commission shall reconsider, at least annually, every award upon which periodic payments are being made. An order or reconsideration of an award shall not require refund of amounts previously paid unless the award was obtained by fraud. The right of reconsideration does not affect the finality of a Commission decision for the purposes of judicial review.C\n\nWithin thirty days of the date of the report containing the final decision of the Commission, the claimant may, if in his judgment the award is improper, appeal such decision to the Court of Appeals, as provided in § 65.2-706. The Attorney General may appear in such proceedings as counsel for the Commission.","order_by":null,"text":{"0":{"id":285938,"text":"The Commission, on its own motion, or upon request of the claimant, may reinvestigate or reopen a decision making or denying an award. Except for claims of sexual abuse that occurred while the victim was a minor, the Commission shall not reopen or reinvestigate a case after the expiration of two years from the date of submission of the original claim. Any claim involving the sexual abuse of a minor that has been denied before July 1, 2001, because it was not timely filed may, upon application filed with the Commission, be reconsidered provided the application for reconsideration is filed within ten years after the minor’s eighteenth birthday.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":285939,"text":"The Commission shall reconsider, at least annually, every award upon which periodic payments are being made. An order or reconsideration of an award shall not require refund of amounts previously paid unless the award was obtained by fraud. The right of reconsideration does not affect the finality of a Commission decision for the purposes of judicial review.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":285940,"text":"Within thirty days of the date of the report containing the final decision of the Commission, the claimant may, if in his judgment the award is improper, appeal such decision to the Court of Appeals, as provided in § 65.2-706. The Attorney General may appear in such proceedings as counsel for the Commission.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-368.8\/","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 1984, chapter 703; in 2001, chapter 855<\/a>; in 2002, chapter 665<\/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":80511,"section_number":"65.2-706","catch_line":"Conclusiveness of award; appeal","order_by":null,"url":"\/65.2-706\/"}],"permalink":{"id":170221,"object_type":"law","relational_id":79821,"identifier":"19.2-368.8","token":"19.2\/21.1\/19.2-368.8","url":"\/19.2-368.8\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-368.8\/","token":"19.2\/21.1\/19.2-368.8","dublin_core":{"Title":"Reinvestigation of decision; reconsideration of award; judicial review","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-368.8","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commission<\/span>, on its own motion<\/span>, or upon request of the claimant<\/span>, may reinvestigate or reopen a decision making or denying an award. Except for claims of sexual abuse<\/span> that occurred while the victim<\/span> was a minor<\/span>, the Commission<\/span> shall not reopen or reinvestigate a case after the expiration of two years from the date of submission of the original claim. Any claim involving the sexual abuse<\/span> of a minor<\/span> that has been denied before July 1, 2001, because it was not timely filed may, upon application filed with the Commission<\/span>, be reconsidered provided the application for reconsideration is filed within ten years after the minor<\/span>’s eighteenth birthday. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Commission<\/span> shall reconsider, at least annually, every award upon which periodic payments are being made. An order<\/span> or reconsideration of an award shall not require refund of amounts previously paid unless the award was obtained by fraud<\/span>. The right of reconsideration does not affect the finality of a Commission<\/span> decision for the purposes of judicial review. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Within thirty days of the date of the report containing the final decision of the Commission<\/span>, the claimant<\/span> may, if in his judgment<\/span> the award is improper, appeal<\/span> such decision to the Court<\/span> of Appeals<\/span>, as provided in § 65.2-706<\/a>. The Attorney General<\/span> may appear in such proceedings as counsel<\/span> for the Commission<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREINVESTIGATION OF DECISION; RECONSIDERATION OF AWARD; JUDICIAL REVIEW (\u00a7\n19.2-368.8)\n\nA. The Commission, on its own motion, or upon request of the claimant, may\nreinvestigate or reopen a decision making or denying an award. Except for claims\nof sexual abuse that occurred while the victim was a minor, the Commission shall\nnot reopen or reinvestigate a case after the expiration of two years from the\ndate of submission of the original claim. Any claim involving the sexual abuse\nof a minor that has been denied before July 1, 2001, because it was not timely\nfiled may, upon application filed with the Commission, be reconsidered provided\nthe application for reconsideration is filed within ten years after the\nminor’s eighteenth birthday.\n\nB. The Commission shall reconsider, at least annually, every award upon which\nperiodic payments are being made. An order or reconsideration of an award shall\nnot require refund of amounts previously paid unless the award was obtained by\nfraud. The right of reconsideration does not affect the finality of a Commission\ndecision for the purposes of judicial review.\n\nC. Within thirty days of the date of the report containing the final decision of\nthe Commission, the claimant may, if in his judgment the award is improper,\nappeal such decision to the Court of Appeals, as provided in § 65.2-706.\nThe Attorney General may appear in such proceedings as counsel for the\nCommission.\n\nHISTORY: 1976, c. 605; 1977, c. 215; 1984, c. 703; 2001, c. 855; 2002, c. 665.","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}}