SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1995 SESSION
LD9194308Be it enacted by the General Assembly of Virginia:
1. That § 19.2-299.1 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-299.1. When Victim Impact Statement required; contents; uses.
The presentence report prepared pursuant to § 19.2-299 shall include a
Victim Impact Statement in any case, other than a capital case, if the court
so orders or, on motion of the attorney for the Commonwealth with the
consent of the victim, in all cases involving noncapital murder,
manslaughter, abduction, death or injury resulting from driving under the
influence in violation of § 18.2-266, malicious wounding, robbery or criminal
sexual assault, include a Victim Impact Statement and may, in the
discretion of the court, include a Victim Impact Statement, in any other case
except capital murder in which the court determines that the defendant, in
committing the felony for which he has been convicted, may have caused
significant physical, psychological or economic injury to the victim.
For purposes of this section, a victim is (i) an individual who has suffered
physical, psychological or economic harm as a direct result of the commission
of a felony, (ii) a spouse, child, parent or legal guardian of a minor
victim, or (iii) a spouse, child, parent or legal guardian of a victim of a
homicide in noncapital cases.
A Victim Impact Statement, which shall be kept confidential and shall be sealed upon entry of the sentencing order, shall (i) identify the victim, (ii) itemize any economic loss suffered by the victim as a result of the offense, (iii) identify the nature and extent of any physical or psychological injury suffered by the victim as a result of the offense, (iv) detail any change in the victim's personal welfare, lifestyle or familial relationships as a result of the offense, (v) identify any request for psychological or medical services initiated by the victim or the victim's family as a result of the offense, and (vi) provide such other information as the court may require related to the impact of the offense upon the victim.
If the court does not order a presentence investigation and report, the attorney for the Commonwealth may prepare a Victim Impact Statement.
The Victim Impact Statement may be considered by the court in determining the appropriate sentence. A copy of the statement prepared pursuant to this section shall be made available to the defendant or counsel for the defendant without court order at least five days prior to the sentencing hearing. The statement shall not be admissible in any civil proceeding for damages arising out of the acts upon which the conviction was based. The statement, however, may be utilized by the Virginia Workers' Compensation Commission in its determinations on claims by victims of crimes pursuant to Chapter 21.1 (§ 19.2-368.1 et seq.) of this title.