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1997 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 cases involving
rape, attempted rape, child molestation, the taking of indecent liberties with
children, sodomy, forcible sodomy, incest, inanimate sexual or
animate object sexual penetration, sexual battery,
marital sexual assault and aggravated sexual battery shall be paid by the
Commonwealth out of the appropriation for criminal charges, provided that any
medical treatment, 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, 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 hours after the medical treatment, examination, or service rendered.