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.
1998 SESSION
982989358Patrons-- Mims, Howell, Norment and Reynolds; Delegates: Davies and McDonnell
Be it enacted by the General Assembly of Virginia:
1. That § 19.2-265.01 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-265.01. Victims, certain members of the family and support persons not to be excluded.
During the trial of every criminal case and in all court proceedings attendant to trial, whether before, during or after trial, including any proceedings occurring after an appeal by the defendant or the Commonwealth, at which attendance by the defendant is permitted, whether in a circuit or district court, any victim as defined in § 19.2-11.01 may remain in the courtroom. In any case involving a minor victim, the court may permit an adult chosen by the minor to be present in the courtroom during any proceedings in addition to or in lieu of the minor's parent or guardian.
However, if If either the attorney for the Commonwealth
or any defendant represents to the court that he intends to call as a material
witness any victim as defined in § 19.2-11.01, the court shall
exclude that person from the trial or proceedings he
shall proffer to the court the nature of the
victim's expected
testimony. Upon finding
that the victim's expected testimony
would be material, the court may grant a motion to
exclude. The
representation by the attorney for the Commonwealth or the defendant
is an oral motion subject to the provisions of § 8.01-271.1.
The attorney for the Commonwealth shall give prior notice when practicable of such trial and attendant proceedings and changes in the scheduling thereof to any known victim and to any known adult chosen in accordance with this section by a minor victim, at the address or telephone number, or both, provided in writing by such person.