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2000 SESSION
001347656Patrons-- Byron, Bryant, Cantor, Devolites, Drake, Harris, Ingram, Jones, S.C., Landes, McDonnell, Putney, Rust, Sherwood, Suit and Weatherholtz; Senator: Newman
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, family abuse resulting in
criminal charges, assault and battery on a family or household member, criminal abuse of an
adult, criminal neglect of an adult, criminal exploitation of an adult, 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.