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2000 SESSION

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002393664
HOUSE BILL NO. 559 Offered January 19, 2000 A BILL to amend and reenact § 19.2-165.1 of the Code of Virginia, relating to payment of medical fees. ---------- Patron-- Cantor ---------- Referred to Committee for Courts of Justice ----------

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, 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 or the director of the local department of social services 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 or the director of the local department of social services 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 or the director of the local department of social services 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.