                                 CODE OF VIRGINIA

PROCEEDINGS FOR ENFORCEMENT OF CHAPTER (§ 9.1-1502)

A. A certifying agency or certifying official acting or failing to act in good
faith in compliance with this chapter shall have immunity from civil or criminal
liability that may otherwise occur as a result of so acting or failing to act,
except for gross negligence or willful or wanton misconduct.

B. If a certifying agency fails to respond within the statutory timeframes or
refuses to certify that an applicant was a victim of qualifying criminal
activity, the applicant may petition a circuit court to review the determination
of the certifying agency within 30 days of such determination or within 30 days
of the expiration of the statutory timeframe in subsection D. The circuit court
shall conduct an evidentiary hearing on such petition within 30 days of the
filing of the petition. Upon conducting a hearing and the circuit court being
satisfied that the applicant having proven their eligibility for completion of a
certification form by a preponderance of the evidence and the circuit court
having found that the certifying agency&#8217;s refusal to sign was
unreasonable, a circuit court judge may execute the certification form. In
assessing the reasonableness of the certifying agency&#8217;s decision or
failure to respond, the circuit court may consider whether the applicant has
complied with the terms of this section and whether circumstances exist that
would justify a deferral of a decision including whether a certification would
jeopardize an ongoing criminal investigation or prosecution or the safety of an
individual, cause a suspect to flee or evade detection, result in the
destruction of evidence, or the applicant&#8217;s cooperation is not complete.
			Upon finding that the certifying agency denied the application without a
factual or legal justification, or failed to respond to the applicant, the
circuit court shall make an award of reasonable costs and attorney fees to a
prevailing applicant. Such determination shall be without prejudice to any
future proceeding premised upon a material change in circumstances.

C. Any petition filed pursuant to subsection B, along with the record of all
hearings and all other pleadings and papers filed, and orders entered in
connection with such petition shall be kept under seal by the clerk unless
otherwise ordered by the court.

D. Nothing in this chapter shall be construed to alter or diminish the duties
and requirements of a law-enforcement officer, as defined in &#xA7; 9.1-101, the
attorney for the Commonwealth, or the Attorney General from disclosing
exculpatory information to a defendant in a criminal case.

HISTORY: 2021, Sp. Sess. I, c. 468.