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2023 SESSION

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23104881D
HOUSE BILL NO. 2032 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee for Courts of Justice on January 23, 2023) (Patron Prior to Substitute--Delegate Glass) A BILL to amend and reenact § 19.2-368.10 of the Code of Virginia, relating to compensating victims of crime; awards from Criminal Injuries Compensation Fund.

Be it enacted by the General Assembly of Virginia:

1. That § 19.2-368.10 of the Code of Virginia is amended and reenacted as follows:

§ 19.2-368.10. When awards to be made; reporting crime and cooperation with law enforcement.

No award shall be made unless the Commission finds that:

1. A crime was committed;

2. Such crime directly resulted in an individual becoming a victim as defined in § 19.2-368.2, on whose behalf a claim is filed; and

3. Police records show that such crime was promptly reported to the proper authorities. In no case may an award be made where the police records show that such report was made more than 120 hours after the occurrence of such crime, unless the Commission, for good cause shown, finds the delay to have been justified. The provisions of this subdivision shall not apply to claims of sexual abuse.

The Commission, upon finding that any claimant or award recipient has not fully cooperated with all law-enforcement agencies, unless the law-enforcement agency certifies that the claimant or award recipient was willing but unable to cooperate due to a good faith belief that such cooperation would have endangered such claimant or award recipient and such claimant or award recipient was not provided with any victim or witness protection services when such protection services were requested by a law-enforcement agency, may deny, reduce, or withdraw any award, as the case may be.