19.2-165.1 - Payment of medical fees in certain criminal cases; reimbursement. - Virginia Statutes

§ 19.2-165.1. Payment of medical fees in certain criminal cases;reimbursement.

A. Except as provided in subsection B, all medical fees expended in thegathering of evidence for all criminal cases where medical evidence isnecessary to establish a crime has occurred and for cases involving abuse ofchildren under the age of 18 shall be paid by the Commonwealth out of theappropriation for criminal charges, provided that any medical evaluation,examination, or service rendered be performed by a physician or facilityspecifically designated by the attorney for the Commonwealth in the city orcounty having jurisdiction of such case for such a purpose. If no suchphysician or facility is reasonably available in such city or county, thenthe attorney for the Commonwealth may designate a physician or facilitylocated outside and adjacent to such city or county.

Where there has been no prior designation of such a physician or facility,such medical fees shall be paid out of the appropriation for criminal chargesupon authorization by the attorney for the Commonwealth of the city or countyhaving jurisdiction over the case. Such authorization may be granted prior toor within 48 hours after the medical evaluation, examination, or servicerendered.

B. All medical fees expended in the gathering of evidence through physicalevidence recovery kit examinations conducted on victims complaining of sexualassault under Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 shallbe paid by the Commonwealth pursuant to subsection F of § 19.2-368.11:1.Victims complaining of sexual assault shall not be required to participate inthe criminal justice system or cooperate with law-enforcement authorities inorder to be provided with such forensic medical exams.

C. Upon conviction of the defendant in any case requiring the payment ofmedical fees authorized by this section, the court shall order that thedefendant reimburse the Commonwealth for payment of such fees.

(1976, c. 292; 1982, c. 507; 1987, c. 330; 1997, c. 322; 1999, c. 853; 2000,c. 292; 2003, cc. 28, 772; 2008, cc. 203, 251.)