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TextDomestic Violence Legislative Update
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New Virginia Domestic Violence and Sexual Abuse Laws
(Effective July 1, 2009)
Establishment of a Multidisciplinary Sexual Assault Response Team (HB 2400)
This new law provides for the establishment of a coordinated, multidisciplinary response to criminal sexual assault. More specifically, the legislation requires the Commonwealth Attorney in each political subdivision in the state to coordinate the establishment of a multidisciplinary response to criminal sexual assault as set forth in Article 7 (§ 18.2-61) of Chapter 4 of Title 18.2 of the Code of Virginia and hold a meeting, at least annually, to: (i) discuss implementation of protocols and policies for sexual assault response teams consistent with those established by the Department of Criminal Justice Services pursuant to subdivision (45) of § 9.1-102 of the Code of Virginia; and (ii) establish and review guidelines for the community's response, including the collection, preservation, and secure storage of evidence from Physical Evidence Recovery Kit examinations consistent with § 19.2-165.1 of the Code of Virginia. The new law also directs that the following persons or their designees shall be invited to participate in the annual meeting: Commonwealth Attorney; Sheriff; Director of the local sexual assault crisis center providing services in the jurisdiction; Police Chief; Forensic Nurse Examiner or other health care provider who performs Physical Evidence Recovery Kit examinations in the jurisdiction; and Director of the Victim/Witness Program in the jurisdiction.
(Effective July 1, 2008)
Expansion of Address Confidentiality Program for DV Victims (SB764)
This new legislation expands the address confidentiality program for victims of domestic violence that is being piloted in Arlington County. The program expansion will include the Counties of Albemarle, Augusta, Dickenson, Fairfax, Henry, Lee, Rockbridge, Russell, Scott, Washington, and Wise; and the Cities of Buena Vista, Charlottesville, Lexington, Martinsville, Norfolk, and Roanoke. The legislation further provides that a program applicant may submit an address confidentiality application in person at any domestic violence program, defined as a public and/or nonprofit agency whose primary mission is to provide services to victims of sexual or domestic violence. (Presently, the pilot program requires applications be made directly to the Office of the Attorney General.)
Immediate Entry of Protective Order into VCIN (HB753 and HB974; SB540)
This new law directs that upon the issuance of a protective order, the court shall enter and transfer the protective order information into the Virginia Criminal Information Network (VCIN) before the close of business on the day the order is issued.
Mandatory Law Enforcement Policies on SA Crimes (HB1395; SB786)
This new provision of the VA Code mandates that the Virginia State Police, local law enforcement agencies, and campus police departments must establish written policies and procedures on responding to sexual assault crimes. The Department of Criminal Justice Services (DCJS) is further directed to provide law enforcement agencies with technical support and assistance in developing such policies and procedures and to submit a status report on the implementation.
Participation in Criminal Investigation Not a Prerequisite for SA Victim to Receive PERK Exam and Provider Reimbursement Available from CICF (HB956; SB312)
This new law directs that the costs associated with performing a physical evidence recovery kit (PERK) exam on a sexual assault victim shall be directly reimbursable to the medical provider through the Virginia Criminal Injuries Compensation Fund. The legislation further directs that sexual assault victims shall not be required to cooperate with law enforcement and/or participate in the criminal justice system in order to receive a PERK exam. A perpetrator subsequently convicted in a criminal case involving a PERK exam shall be required to reimburse the Commonwealth for the payment of the forensic exam.
Polygraph of SA Victim Not a Condition Precedent for Criminal Investigation (HB1043 and HB1488; SB164)
This legislation expressly prohibits a law enforcement officer, Commonwealth's Attorney, or any other government official from asking or requiring a sexual assault victim to submit to a polygraph examination or other truth-telling device as a prerequisite for a criminal investigation of the case.
Repeal of Va. Code Section 18.2-66 Striking Subsequent Marriage of Victim and Perpetrator Defense to Carnal Knowledge of 14 Year Old Female (HB597; SB608)
This legislative amendment repeals the VA Code section that provides an affirmative defense to carnal knowledge of a child 14 years of age or older when there is a subsequent marriage between the victim and the perpetrator.
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