                                 CODE OF VIRGINIA

FILING OF CLAIMS; DEFERRAL OF PROCEEDINGS; RESTITUTION (§ 19.2-368.5)

A. A claim may be filed by a person eligible to receive an award, as provided in
&#xA7; 19.2-368.4, or if such person is a minor, by his parent or guardian. In
any case in which the person entitled to make a claim is incapacitated, the
claim may be filed on his behalf by his guardian, conservator or such other
individual authorized to administer his estate.

B. A claim shall be filed by the claimant not later than three years after the
occurrence of the crime upon which such claim is based, or not later than three
years after the death of the victim. However, (i) in cases involving claims made
on behalf of a minor or a person who is incapacitated, the provisions of
subsection A of &#xA7; 8.01-229 shall apply to toll the three-year period; (ii)
in cases involving claims made by a victim against profits of crime held in
escrow pursuant to Chapter 21.2 (&#xA7; 19.2-368.19 et seq.), the claim shall be
filed within five years of the date of the special order of escrow; and (iii) in
cases involving claims of sexual abuse of a minor, the claim shall be filed
within 10 years after the minor&#8217;s eighteenth birthday, except for in cases
involving claims of sexual abuse of a minor where the conduct constitutes a
felony, the passage of time shall not be a barrier to when the victim can file a
claim. For good cause shown, the Commission may extend the time for filing for a
crime committed on or after July 1, 2001.
			In the case of a crime committed on or after July 1, 1977, and before July 1,
2001, for which a claim was not filed in a timely manner, the Commission may,
for good cause shown, extend the time for filing if the attorney for the
Commonwealth sends written notification to the Commission that the crime is
being investigated as a result of newly discovered evidence. For any claim filed
pursuant to this paragraph, the Commission shall only consider expenses and loss
of earnings that the claimant accrues after the date of newly discovered
evidence as stipulated in the written notification by the attorney for the
Commonwealth.

C. Claims shall be filed in the office of the Commission in person, by mail, or
by electronic means in accordance with standards approved by the Commission. The
Commission shall accept for filing all claims submitted by persons eligible
under subsection A and alleging the jurisdictional requirements set forth in
this chapter and meeting the requirements as to form in the rules and
regulations of the Commission.

D. Upon filing of a claim pursuant to this chapter, the Commission shall
promptly notify the attorney for the Commonwealth of the jurisdiction wherein
the crime is alleged to have occurred, except when such claim is filed without
the crime being reported to law enforcement. If, within 10 days after such
notification, the attorney for the Commonwealth so notified advises the
Commission that a criminal prosecution is pending upon the same alleged crime,
the Commission shall defer all proceedings under this chapter until such time as
such criminal prosecution has been concluded in the circuit court unless
notification is received from the attorney for the Commonwealth that no
objection is made to a continuation of the investigation and determination of
the claim. When such criminal prosecution has been concluded in the circuit
court the attorney for the Commonwealth shall promptly so notify the Commission.
Nothing in this section shall be construed to mean that the Commission is to
defer proceedings upon the filing of an appeal, nor shall this section be
construed to limit the authority of the Commission to grant emergency awards as
hereinafter provided. Upon awarding a claim pursuant to this chapter, the
Commission shall promptly notify the attorney for the Commonwealth of the
jurisdiction wherein the crime is alleged to have occurred. If a criminal
prosecution occurs regarding the same alleged crime, the attorney for the
Commonwealth shall request the court to order restitution. However, neither the
lack of a restitution order, nor the failure of the attorney for the
Commonwealth to request such an order, shall preclude the Fund from exercising
its subrogation rights pursuant to &#xA7; 19.2-368.15. Any such restitution
shall be paid over to the Comptroller for deposit into the Criminal Injuries
Compensation Fund to the extent of the amount of the award paid from the Fund.

HISTORY: 1976, c. 605; 1977, c. 215; 1978, c. 122; 1986, c. 457; 1992, c. 681;
1997, c. 801; 1998, c. 484; 2001, cc. 363, 855; 2002, c. 665; 2005, c. 683;
2006, c. 414; 2009, c. 381; 2014, cc. 251, 665; 2016, c. 456; 2024, cc. 175,
254; 2025, cc. 225, 244.