State Codes and Statutes

Statutes > Virginia > Title-19-2 > Chapter-18 > 19-2-299-1

§ 19.2-299.1. When Victim Impact Statement required; contents; uses.

The presentence report prepared pursuant to § 19.2-299 shall, with theconsent of the victim, as defined in § 19.2-11.01, in all cases involvingoffenses other than capital murder, include a Victim Impact Statement. VictimImpact Statements in all cases involving capital murder shall be prepared andsubmitted in accordance with the provisions of § 19.2-264.5.

A Victim Impact Statement shall be kept confidential and shall be sealed uponentry of the sentencing order. If prepared by someone other than the victim,it shall (i) identify the victim, (ii) itemize any economic loss suffered bythe victim as a result of the offense, (iii) identify the nature and extentof any physical or psychological injury suffered by the victim as a result ofthe offense, (iv) detail any change in the victim's personal welfare,lifestyle or familial relationships as a result of the offense, (v) identifyany request for psychological or medical services initiated by the victim orthe victim's family as a result of the offense, and (vi) provide such otherinformation as the court may require related to the impact of the offenseupon the victim.

If the court does not order a presentence investigation and report, theattorney for the Commonwealth shall, at the request of the victim, submit aVictim Impact Statement. In any event, a victim shall be advised by the localcrime victim and witness assistance program that he may submit in his ownwords a written Victim Impact Statement prepared by the victim or someone thevictim designates in writing.

The Victim Impact Statement may be considered by the court in determining theappropriate sentence. A copy of the statement prepared pursuant to thissection shall be made available to the defendant or counsel for the defendantwithout court order at least five days prior to the sentencing hearing. Thestatement shall not be admissible in any civil proceeding for damages arisingout of the acts upon which the conviction was based. The statement, however,may be utilized by the Virginia Workers' Compensation Commission in itsdeterminations on claims by victims of crimes pursuant to Chapter 21.1 (§19.2-368.1 et seq.) of this title.

(1983, c. 541; 1984, c. 282; 1987, c. 676; 1989, c. 374; 1993, cc. 436, 569;1995, cc. 687, 720; 1996, c. 398.)

State Codes and Statutes

Statutes > Virginia > Title-19-2 > Chapter-18 > 19-2-299-1

§ 19.2-299.1. When Victim Impact Statement required; contents; uses.

The presentence report prepared pursuant to § 19.2-299 shall, with theconsent of the victim, as defined in § 19.2-11.01, in all cases involvingoffenses other than capital murder, include a Victim Impact Statement. VictimImpact Statements in all cases involving capital murder shall be prepared andsubmitted in accordance with the provisions of § 19.2-264.5.

A Victim Impact Statement shall be kept confidential and shall be sealed uponentry of the sentencing order. If prepared by someone other than the victim,it shall (i) identify the victim, (ii) itemize any economic loss suffered bythe victim as a result of the offense, (iii) identify the nature and extentof any physical or psychological injury suffered by the victim as a result ofthe offense, (iv) detail any change in the victim's personal welfare,lifestyle or familial relationships as a result of the offense, (v) identifyany request for psychological or medical services initiated by the victim orthe victim's family as a result of the offense, and (vi) provide such otherinformation as the court may require related to the impact of the offenseupon the victim.

If the court does not order a presentence investigation and report, theattorney for the Commonwealth shall, at the request of the victim, submit aVictim Impact Statement. In any event, a victim shall be advised by the localcrime victim and witness assistance program that he may submit in his ownwords a written Victim Impact Statement prepared by the victim or someone thevictim designates in writing.

The Victim Impact Statement may be considered by the court in determining theappropriate sentence. A copy of the statement prepared pursuant to thissection shall be made available to the defendant or counsel for the defendantwithout court order at least five days prior to the sentencing hearing. Thestatement shall not be admissible in any civil proceeding for damages arisingout of the acts upon which the conviction was based. The statement, however,may be utilized by the Virginia Workers' Compensation Commission in itsdeterminations on claims by victims of crimes pursuant to Chapter 21.1 (§19.2-368.1 et seq.) of this title.

(1983, c. 541; 1984, c. 282; 1987, c. 676; 1989, c. 374; 1993, cc. 436, 569;1995, cc. 687, 720; 1996, c. 398.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-19-2 > Chapter-18 > 19-2-299-1

§ 19.2-299.1. When Victim Impact Statement required; contents; uses.

The presentence report prepared pursuant to § 19.2-299 shall, with theconsent of the victim, as defined in § 19.2-11.01, in all cases involvingoffenses other than capital murder, include a Victim Impact Statement. VictimImpact Statements in all cases involving capital murder shall be prepared andsubmitted in accordance with the provisions of § 19.2-264.5.

A Victim Impact Statement shall be kept confidential and shall be sealed uponentry of the sentencing order. If prepared by someone other than the victim,it shall (i) identify the victim, (ii) itemize any economic loss suffered bythe victim as a result of the offense, (iii) identify the nature and extentof any physical or psychological injury suffered by the victim as a result ofthe offense, (iv) detail any change in the victim's personal welfare,lifestyle or familial relationships as a result of the offense, (v) identifyany request for psychological or medical services initiated by the victim orthe victim's family as a result of the offense, and (vi) provide such otherinformation as the court may require related to the impact of the offenseupon the victim.

If the court does not order a presentence investigation and report, theattorney for the Commonwealth shall, at the request of the victim, submit aVictim Impact Statement. In any event, a victim shall be advised by the localcrime victim and witness assistance program that he may submit in his ownwords a written Victim Impact Statement prepared by the victim or someone thevictim designates in writing.

The Victim Impact Statement may be considered by the court in determining theappropriate sentence. A copy of the statement prepared pursuant to thissection shall be made available to the defendant or counsel for the defendantwithout court order at least five days prior to the sentencing hearing. Thestatement shall not be admissible in any civil proceeding for damages arisingout of the acts upon which the conviction was based. The statement, however,may be utilized by the Virginia Workers' Compensation Commission in itsdeterminations on claims by victims of crimes pursuant to Chapter 21.1 (§19.2-368.1 et seq.) of this title.

(1983, c. 541; 1984, c. 282; 1987, c. 676; 1989, c. 374; 1993, cc. 436, 569;1995, cc. 687, 720; 1996, c. 398.)