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2003 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 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 18 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, such
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 48 hours after the medical evaluation, examination, or service
rendered.
Upon conviction of the defendant in any such case, the court shall order that the defendant reimburse the Commonwealth for payment of such medical fees.