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Table of Contents » Title 19.2. Criminal Procedure » Chapter 1.2. Physical
Evidence Recovery Kits » § 19.2-11.11. Victim's right to notification of
scientific analysis information

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Code of Virginia
Title 19.2. Criminal Procedure
Chapter 1.2. Physical Evidence Recovery Kits
10/12/2023


§ 19.2-11.11. VICTIM'S RIGHT TO NOTIFICATION OF SCIENTIFIC ANALYSIS INFORMATION.

A. In addition to the rights provided under Chapter 1.1 (§ 19.2-11.01 et seq.),
a victim of sexual assault, a parent or guardian of a victim of a sexual assault
who was a minor at the time of the offense, or the next of kin of a deceased
victim of sexual assault shall have the right to request and receive information
from the law-enforcement agency regarding (i) the submission of any physical
evidence recovery kit for forensic analysis that was collected from the victim
during the investigation of the offense; (ii) the status of any analysis being
performed on any evidence that was collected during the investigation of the
offense; (iii) the results of any analysis; and (iv) the time frame for how long
the kit will be held in storage and the victim's rights regarding such storage,
unless disclosing this information would interfere with the investigation or
prosecution of the offense, in which case the victim, parent, guardian, or next
of kin shall be informed of the estimated date on which the information may be
disclosed, if known. The law-enforcement agency shall inform the victim, parent,
guardian, or next of kin of the unique identification number assigned to the
physical evidence recovery kit utilized by the health care provider and the
personal identification number required to view the status of the physical
evidence recovery kit and shall provide information regarding the Physical
Evidence Recovery Kit Tracking System, unless disclosing this information would
interfere with the investigation or prosecution of the offense, in which case
the victim, parent, guardian, or next of kin shall be informed of the estimated
date on which the information may be disclosed, if known.

B. In the case of a physical evidence recovery kit that was received by a
law-enforcement agency prior to July 1, 2016, and that has subsequently been
submitted for analysis, the victim, a parent or guardian of a minor victim, or
the next of kin of a deceased victim shall be notified by the law-enforcement
agency of the completion of the analysis and shall, upon request, receive
information from the law-enforcement agency regarding the results of any
analysis, unless disclosing this information would interfere with the
investigation or prosecution of the offense, in which case the victim, parent,
guardian, or next of kin shall be informed of the estimated date on which the
information may be disclosed, if known. A good faith attempt to locate the
victim, a parent or guardian of a minor victim, or the next of kin of a deceased
victim shall be made if a current address for the victim, a parent or guardian
of a minor victim, or the next of kin of a deceased victim is unavailable.

C. The victim, parent, guardian, or next of kin who requests to be notified
under subsection A shall provide a current address and telephone number to the
attorney for the Commonwealth and to the law-enforcement agency that is
investigating the offense and keep such information updated.

The victim, parent, guardian, or next of kin who requests to be notified under
subsection B may provide a current address and telephone number to the attorney
for the Commonwealth and to the law-enforcement agency that is investigating the
offense and keep such information updated.

D. Nothing contained in this section shall require a law-enforcement agency to
disclose any information regarding the results of any analysis to a parent or
guardian of a minor victim or to the next of kin of a deceased victim if such
parent, guardian, or next of kin is the alleged perpetrator of the offense.

2016, cc. 332, 698; 2017, cc. 535, 672; 2022, cc. 453, 454.

The chapters of the acts of assembly referenced in the historical citation at
the end of this section may not constitute a comprehensive list of such chapters
and may exclude chapters whose provisions have expired.

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