                                 CODE OF VIRGINIA

PAYMENT OF MEDICAL FEES IN CERTAIN CRIMINAL CASES; REIMBURSEMENT (§ 19.2-165.1)

A. Except as provided in subsection B, all medical fees expended in the
gathering of evidence for all criminal cases where medical evidence is necessary
to establish a crime has occurred and for cases involving abuse of children
under the age of 18 shall be paid by the Commonwealth out of the appropriation
for criminal charges, provided that any medical evaluation, examination, or
service rendered be performed by a physician or facility specifically designated
by the attorney for the Commonwealth in the city or county having jurisdiction
of such case for such a purpose. If no such physician or facility is reasonably
available in such city or county, then the attorney for the Commonwealth may
designate a physician or facility located outside and adjacent to such city or
county.
			Where there has been no prior designation of such a physician or facility,
such medical fees shall be paid out of the appropriation for criminal charges
upon authorization by the attorney for the Commonwealth of the city or county
having jurisdiction over the case. Such authorization may be granted prior to or
within 48 hours after the medical evaluation, examination, or service rendered.

B. All medical fees expended in the gathering of evidence through physical
evidence recovery kit examinations conducted on victims complaining of sexual
assault under Article 7 (&#xA7; 18.2-61 et seq.) of Chapter 4 of Title 18.2
shall be paid by the Commonwealth pursuant to subsection F of &#xA7;
19.2-368.11:1. Victims complaining of sexual assault shall not be required to
participate in the criminal justice system or cooperate with law-enforcement
authorities in order to be provided with such forensic medical exams.

C. Upon conviction of the defendant in any case requiring the payment of medical
fees authorized by this section, the court shall order that the defendant
reimburse the Commonwealth for payment of such fees.

HISTORY: 1976, c. 292; 1982, c. 507; 1987, c. 330; 1997, c. 322; 1999, c. 853;
2000, c. 292; 2003, cc. 28, 772; 2008, cc. 203, 251.