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1995 SESSION

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LD1960443
HOUSE BILL NO. 2005 House Amendments in [ ] -- February 7, 1995 A BILL to amend the Code of Virginia by adding in Chapter 1.1 of Title 19.2 a section numbered 19.2-11.3, relating to victim-offender reconciliation programs. ----------
Patrons--Scott, Almand, Armstrong, Bennett, Cohen, Connally, Copeland, Croshaw, Davies, Diamonstein, Dillard, Giesen, McDonnell, Melvin, Miller, Mims, Plum and Van Landingham; Senators: Calhoun and Howell
---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Chapter 1.1 of Title 19.2 a section numbered 19.2-11.3 as follows:

§ 19.2-11.3. Establishment of victim-offender reconciliation program.

A. Any Crime Victim and Witness Assistance Program may establish a victim-offender reconciliation program to provide an opportunity [ after conviction ] for a victim, [ if the offender agrees, to: at his request and upon the subsequent agreement of the offender, to: ]

1. Meet with the offender in a safe, controlled environment;

2. Give to the offender, either orally or in writing, a summary of the financial, emotional, and physical effects of the offense on the victim or the victim's family; and

3. Negotiate a restitution agreement, [ after conviction, ] to be submitted to the sentencing court for damages incurred by the victim as a result of the offense.

B. If the victim chooses to participate in a victim-offender reconciliation program under this section, the victim shall execute a waiver releasing the Crime Victim and Witness Assistance Program and the attorney for the Commonwealth from civil and criminal liability for actions taken by the victim or offender as a result of participation by the victim or the offender in a victim-offender reconciliation program.

C. A victim shall not be required to participate in a victim-offender reconciliation program under this section.