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2004 SESSION

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CHAPTER 311 An Act to amend and reenact § 19.2-265.1 of the Code of Virginia, relating to exclusion of witnesses in criminal trials. [H 1095] Approved March 31, 2004

Be it enacted by the General Assembly of Virginia:

1. That § 19.2-265.1 of the Code of Virginia is amended and reenacted as follows:

§ 19.2-265.1. Exclusion of witnesses.

In the trial of every criminal case, the court, whether a court of record or a court not of record, may upon its own motion and shall upon the motion of either the attorney for the Commonwealth or any defendant, require the exclusion of every witness to be called, including, but not limited to, police officers or other investigators; however, each defendant who is an individual and one officer or agent of each defendant which is a corporation or association shall be exempt from the rule of this section as a matter of right. Additionally, any victim as defined in § 19.2-11.01 who is to be called as a witness shall be exempt from the rule of this section as a matter of law unless, in accordance with the provisions of § 19.2-265.01, his exclusion is otherwise required.