19.2-295.3 - Admission of victim impact testimony. - Virginia Statutes

§ 19.2-295.3. Admission of victim impact testimony.

Whether by trial or upon a plea of guilty, upon a finding that the defendantis guilty of a felony, the court shall permit the victim, as defined in §19.2-11.01, upon motion of the attorney for the Commonwealth, to testify inthe presence of the accused regarding the impact of the offense upon thevictim. The court shall limit the victim's testimony to the factors set forthin clauses (i) through (vi) of subsection A of § 19.2-299.1. In the case oftrial by jury, the court shall permit the victim to testify at the sentencinghearing conducted pursuant to § 19.2-295.1 or in the case of trial by thecourt or a guilty plea, the court shall permit the victim to testify beforethe court prior to the imposition of a sentence. Victim impact testimony inall capital murder cases shall be admitted in accordance with § 19.2-264.4.

(1998, c. 485; 2004, c. 310.)