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2004 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 19.2-295.3 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-295.3. Admission of victim impact testimony.
In cases of Whether by trial by jury or by the court or upon a plea of guilty,
upon a finding that the defendant is guilty of a felony, the court shall permit
the victim, as defined in § 19.2-11.01, upon motion of the attorney for the
Commonwealth, to testify in the presence of the accused regarding the impact of
the offense upon the victim. The court shall limit the victim's testimony to
the factors set forth in clauses (i) through (vi) of subsection A of §
19.2-299.1. In the case of trial by jury, the court shall permit the victim to
testify at the sentencing hearing conducted pursuant to § 19.2-295.1 or in the
case of trial by the court or a guilty plea, the court shall permit the victim
to testify before the court prior to the imposition of a sentence. Victim impact testimony
in all capital murder cases shall be admitted in accordance with § 19.2-264.4.