SB 989 — Crime victim rights; notification from the attorney for the Commonwealth.

RECONVENED SESSION REENROLLED VIRGINIA ACTS OF ASSEMBLY --–– 2023 RECONVENED SESSION CHAPTER 746R An Act to amend and reenact § 19.2-11.01 of the Code of Virginia, relating to crime victim rights;

E N [S 989] Approved AprilR 12,O 20231. Be it enacted by the General Assembly of Virginia:

1.

L A.

In recognition of the Commonwealth's concern for the victims and witnesses of crime, it is the purpose of this chapter to ensure that the full impact of crime is brought to the attention of theEhe courts of the Commonwealth;

It is the further purposepurpDse of this chapter to ensure that victims and witnesses are informed of the Commonwealth;rights provided to them under the laws opportunity to be heard by law-enforcement agencies, attorneys for the Commonwealth, correctionse agencies and the judiciary at all critical stages of the criminal justice process to the extent permissible under law.

that they receive authorized services as appropriate;

and that they have thee laws opportunity to be heard by law-enforcement agencies, attorneys for the Commonwealth, corrections agencies and the judiciary at all critical stages of the criminal justice process to the extent permissible under law.

S As soon as practicable after identifying a victim of a crime, the investigating law-enforcementlaw-enforcem9nt agency shallThe provideform theshall victiminclude with a standardizedtelephone formnumber listingby which the specificvictim rightscan affordedreceive tofurther crimeinformation victims.andictims.

The form shall include a telephone number by which the victim can receive further information and assistance in securing the rights afforded crime victims, the name, address and telephone number of the office of the attorney for the Commonwealth, the name, address and telephone number of the 2 investigating law-enforcement agency, and a summary of the victim's rights under § 40.1-28.7:2.

In order that victims and witnesses receive protection from harm and threats of harm arising out of their cooperation with law-enforcement, or prosecution efforts, they shall be provided with information as to the level of protection which may be available pursuant to § 52-35 or to any other federal, state or local program providing protection, and shall be assisted in obtaining this protection from thethel, state or appropriate authorities.

Victims shall be informed of financial assistance and social services available to them as victims of a crime, including information on their possible right to file a claim for compensation from the Crime Victims' Compensation Fund pursuant to Chapter 21.1 (§ 19.2-368.1 et seq.) and on other availableavailablehe Crime assistance and services.

Victims shall be advised that restitution is available for damages or loss resulting from an offense and shall be assisted in seeking restitution in accordance with §§ 19.2-305 and 19.2-305.1, Chapter 21.1 (§ 19.2-368.1 et seq.), Article 21 (§ 58.1-520 et seq.) of Chapter 3 of Title 58.1, and other applicable lawslaw3. of the Commonwealth.

3.Notices.mmonwealth.

Notices.

Victims shall receive advance notification when practicable from the attorney for the Commonwealth of judicial proceedings relating to their case and shall be notified when practicable of any change in court dates in accordance with § 19.2-265.01 if they have provided their names, current addresses and telephone numbers.

of 3 c.

Victims shall receive notification, if requested, subject to such reasonable procedures as the Attorney General may require pursuant to § 2.2-511, from the Attorney General of the filing and of 3 disposition of any appeal or habeas corpus proceeding involving their case.

Upon the victim's written request, the The victim shall be notified in accordance with subdivision A 3 b of any proceeding in which the plea agreement will be tendered to the court.

Within 30 days of receipt of a victim's written request after the final trial court proceeding in the of 3 case, the attorney for the Commonwealth shall notify the victim in writing, of (i) the disposition of the case, (ii) the crimes of which the defendant was convicted, (iii) the defendant's right to appeal,appeRl, if known, and (iv) the telephone number of offices to contact in the event of nonpayment of restitution by the defendant.

E b.

If the defendant has been released on bail pending the outcome of an appeal, the agency thattEat had ofthat 3 custody of the defendant immediatelyhas priorbeen released.prior to his release shall notify the victim as soon as practicableprNcticable thatc. the defendant has been released.

c.

B.O psychological, or economic harm as a direct result of the commission of (a) a felony, (b) assauLt and battery in violation of § 18.2-57 or 18.2-57.2, stalking in violation of § 18.2-60.3, a violation of a protective order in violation of § 16.1-253.2 or 18.2-60.4, sexual battery in violation of § 18.2-67.4, attempted sexual battery in violation of § 18.2-67.5, or maiming or driving while intoxicated iE violation of § 18.2-51.4 or 18.2-266, or (c) a delinquent act that would be a felony or a misdemeanor violation of (iii) a parent or legal guardian of such a person who is a minor;

For purposes of this chapter, "victim" means (i) a person who has suffered physical, psychological, or economic harm as a direct result of the commission of (a) a felony, (b) assault and battery in violation of § 18.2-57 or 18.2-57.2, stalking in violation of § 18.2-60.3, a violation of a protective order in violation of § 16.1-253.2 or 18.2-60.4, sexual battery in violation of § 18.2-67.4, attempted sexual battery in violation of § 18.2-67.5, or maiming or driving while intoxicated in violation of § 18.2-51.4 or 18.2-266, or (c) a delinquent act that would be a felony or a misdemeanor violation of any offense enumerated in clause (b) if committed by an adult;

(ii) a spouse or child of such a person;

(iii) a parent or legal guardian of such a person who is a minor;

however, "victim" does not mean a parent, child, spouse, sibling, or legal guardian whowhoC. commits a felony or other enumerated criminal offense against a victim as defined in clause (i).

C.Officials and employees of the judiciary, including court services units, law-enforcement agencies, the Department of Corrections, attorneys for the Commonwealth and public defenders, shall be prSvided with copies of this chapter by the Department of Criminal Justice Services or a crime victim an9 witness assistance program.

OfficialsEach andagency, employeesofficer ofor theemployee judiciary,who includinghas courta servicesresponsibility units,or law-enforcementresponsibiliti9s agencies,to theabout Departmentthese ofresponsibilities Corrections,and attorneysto forensure thethat Commonwealthvictims and publicwitnesses defenders,receive shallsuch information andd services to which they may be entitled under applicable law, provided withthat copiesno liability or cause of thisaction chaptershall byarise from the Departmentfailure ofto Criminalmake Justicesuch Servicesefforts or afrom crimethe victimfailure andof witnesssuch assistancevictims program.or witnesses to receive any such information or services.

Each agency, officer or employee who has a responsibility or responsibilities to victims under this chapter or other applicable law shall make reasonable efforts to become informed about these responsibilities and to ensure that victims and witnesses receive such information and services to which they may be entitled under applicable law, provided that no liability or cause of action shall arise from the failure to make such efforts or from the failure of such victims or witnesses to receive any such information or services.