                                 CODE OF VIRGINIA

ADMISSION OF VICTIM IMPACT TESTIMONY (§ 19.2-295.3)

Whether by trial or upon a plea of guilty, upon a finding that the defendant is
guilty of a felony, the court shall permit the victim, as defined in §
19.2-11.01, upon motion of the attorney for the Commonwealth, to testify in the
presence of the accused regarding the impact of the offense upon the victim. The
court shall limit the victim&#8217;s testimony to the factors set forth in
clauses (i) through (vi) of subsection A of § 19.2-299.1. In the case of trial
by jury and when the accused has requested the jury to ascertain punishment as
provided in subsection A of § 19.2-295, the court shall permit the victim to
testify at the sentencing hearing conducted pursuant to § 19.2-295.1. In all
other cases of trial by jury, the case of trial by the court, or the case of a
guilty plea, the court shall permit the victim to testify before the court prior
to the imposition of the sentence by the presiding judge.

HISTORY: 1998, c. 485; 2004, c. 310; 2020, Sp. Sess. I, c. 43; 2021, Sp. Sess.
I, cc. 344, 345.