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1997 SESSION
971312136Patrons-- Brickley, Almand, Davies, Marshall, Parrish and Rollison; Senator: Colgan
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. Gathering of evidence in certain sexual assault cases; payment of medical fees.
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, animate or inanimate
object sexual object penetration, sexual battery 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.
Upon request of the attorney for the Commonwealth and with the consent of the patient, a physician or facility shall release any report, including films, prepared or obtained in the course of the treatment, examination or services provided to the alleged victim of rape, attempted rape, child molestation, the taking of indecent liberties with children, sodomy, forcible sodomy, incest, animate or inanimate object sexual penetration, sexual battery or aggravated sexual battery. A minor may consent to the release of such information pursuant to this section but the consent of the minor shall not be required in any case in which the attorney for the Commonwealth suspects that a parent, guardian or other person standing in loco parentis is responsible for the injury to the minor.