                                 CODE OF VIRGINIA

TWO-WAY VIDEO TESTIMONY RELATED TO CERTAIN FORENSIC MEDICAL EXAMINATIONS (§
19.2-188.4)

A. Any testimony offered by either party in a preliminary hearing or sentencing
hearing, or offered by the accused in any hearing other than a trial, by a
sexual assault nurse examiner or sexual assault forensic examiner who performed
a forensic medical examination may be presented using two-way video
conferencing.

B. Any testimony offered by either party in a trial, or offered by the attorney
for the Commonwealth in any hearing other than a preliminary hearing or
sentencing hearing, by a sexual assault nurse examiner or sexual assault
forensic examiner who performed a forensic medical examination may be presented
by two-way video conferencing with the consent of the court and all parties.

C. The two-way video testimony permitted by this section shall comply with the
provisions of subsection B of &#xA7; 19.2-3.1. In addition, unless otherwise
agreed to by the parties and the court, (i) all orders pertaining to witnesses
apply to witnesses testifying by two-way video conferencing; (ii) upon request,
all materials read or used by the witness during his testimony shall be
identified on the video; and (iii) any witness testifying by two-way video
conferencing shall certify at the conclusion of his testimony, under penalty of
perjury, that he did not engage in any off-camera communications with any person
during his testimony.

D. Nothing in this section shall be construed as requiring a locality to
purchase a two-way electronic video and audio communication system. Any decision
to purchase such a system is at the discretion of the locality.

HISTORY: 2022, c. 253.