19.2-188.2 - Certificate of surgeon as evidence. - Virginia Statutes

§ 19.2-188.2. Certificate of surgeon as evidence.

A. In any criminal proceeding, the certificate of a duly qualified surgeonstating that he has removed organs or other body parts from a decedent fortransplant in accordance with Chapter 8 (§ 32.1-277 et seq.) of Title 32.1,shall be admissible in evidence as evidence of the facts stated therein. Thecertificate shall be competent evidence to show that such organs or bodyparts were functional at the time of recovery and not affected by any injuryor illness that caused the decedent's death.

B. A copy of the certificate shall be filed with the attorney for theCommonwealth in the jurisdiction in which the decedent's fatal injuryoccurred. The certificate shall not be admitted into evidence unless theattorney for the Commonwealth has provided a copy of the certificate tocounsel for the defendant at least fourteen days prior to the proceeding inwhich it is to be offered into evidence.

C. Any such certificate, when properly notarized, purporting to be signed bythe surgeon who removed the organs or other body parts shall be admissible inevidence without proof of seal or signature of the person whose name issigned to it. In any hearing or trial the accused shall have the right tocall the person signing the certificate and the provisions of § 19.2-187.1shall apply, mutatis mutandis.

(1997, c. 557.)