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2000 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 19.2-165.1 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-165.1. Payment of medical fees in certain criminal cases.
All medical fees involved in the gathering of evidence for all cases involving
rape, attempted rape, child molestation, the taking of indecent liberties with
children, sodomy, forcible sodomy, incest, inanimate or animate object sexual
penetration, sexual battery, marital sexual assault, and aggravated sexual
battery, and all medical fees involved in the gathering of evidence for cases involving abuse of children under
the age of eighteen including but not limited to aggravated malicious wounding,
malicious wounding, felony child abuse, reckless endangerment, cruelty to
children, assault and battery, domestic assault and battery, and homicide,
criminal cases where medical evidence is necessary to establish a crime has
occurred and for cases involving abuse of children under the age of eighteen
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, 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 forty-eight hours after the medical evaluation, examination, or service rendered.