reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 1.1 - Crime Victim and Witness Rights Act › § 19.2-11.4. Establishment of victim-offender reconciliation program

A. Any Crime Victim and Witness Assistance Program may establish a victim-offender reconciliation program to provide an opportunity after conviction for a victim, at his request and upon the subsequent agreement of the offender, to:
1. Meet with the offender in a safe, controlled environment in accordance with the policies established pursuant to subsection B of § 53.1-30;
2. Give to the offender, either orally or in writing, a summary of the financial, emotional, and physical effects of the offense on the victim or the victim's family; and
3. Discuss a proposed restitution agreement which may be submitted for consideration by the sentencing court for damages incurred by the victim as a result of the offense.
B. If the victim chooses to participate in a victim-offender reconciliation program under this section, the victim shall execute a waiver releasing the Crime Victim and Witness Assistance Program, attorney for the offender and the attorney for the Commonwealth from civil and criminal liability for actions taken by the victim or offender as a result of participation by the victim or the offender in a victim-offender reconciliation program.
C. A victim shall not be required to participate in a victim-offender reconciliation program under this section.
D. The failure of any person to participate in a reconciliation program pursuant to this section shall not be used directly or indirectly at sentencing.
1995, c. 628; 2010, c. 844.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 1.2 - Physical Evidence Recovery Kits › § 19.2-11.5. (Effective until July 1, 2025) Definitions

As used in this chapter, unless the context requires a different meaning:
"Anonymous physical evidence recovery kit" means a physical evidence recovery kit that is collected from a victim of sexual assault through a forensic medical examination where the victim elects, at the time of the examination, not to report the sexual assault offense to a law-enforcement agency.
"Department" means the Virginia Department of Forensic Science.
"Division" means the Division of Consolidated Laboratory Services of the Virginia Department of General Services.
"Health care provider" means any hospital, clinic, or other medical facility that provides forensic medical examinations to victims of sexual assault.
"Law-enforcement agency" means the state or local law-enforcement agency with the primary responsibility for investigating an alleged sexual assault offense case and includes the employees of that agency.
"Physical evidence recovery kit" means any evidence collection kit supplied by the Department to health care providers for use in collecting evidence from victims of sexual assault during forensic medical examinations or to the Office of the Chief Medical Examiner for use during death investigations to collect evidence from decedents who may be victims of sexual assault.
"Sexual assault offense" means a violation or attempted violation of any offense enumerated in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 or of any offense specified in § 18.2-361, 18.2-370, or 18.2-370.1.
"Victim of sexual assault" means any person who undergoes a forensic medical examination for the collection of a physical evidence recovery kit connected to a sexual assault offense.
2016, cc. 332, 698.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 1.2 - Physical Evidence Recovery Kits › § 19.2-11.5. (Effective July 1, 2025) Definitions

As used in this chapter, unless the context requires a different meaning:
"Anonymous physical evidence recovery kit" means a physical evidence recovery kit that is collected from a victim of sexual assault through a forensic medical examination where the victim elects, at the time of the examination, not to report the sexual assault offense to a law-enforcement agency.
"Department" means the Virginia Department of Forensic Science.
"Division" means the Division of Consolidated Laboratory Services of the Virginia Department of General Services.
"Health care provider" means any hospital, clinic, or other medical facility that provides forensic medical examinations to victims of sexual assault.
"Law-enforcement agency" means the state or local law-enforcement agency with the primary responsibility for investigating an alleged sexual assault offense case and includes the employees of that agency.
"Physical evidence recovery kit" means any evidence collection kit supplied by the Department to health care providers for use in collecting evidence from victims of sexual assault during forensic medical examinations or to the Office of the Chief Medical Examiner for use during death investigations to collect evidence from decedents who may be victims of sexual assault.
"Sexual assault offense" means a violation or attempted violation of any offense enumerated in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 or of any offense specified in § 18.2-361, 18.2-370, or 18.2-370.1.
"Victim of sexual assault" means any person who undergoes a forensic medical examination for the collection of a physical evidence recovery kit connected to a sexual assault offense.
2016, cc. 332, 698.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 1.2 - Physical Evidence Recovery Kits › § 19.2-11.6. (Effective until July 1, 2025) Anonymous physical evidence recovery kits

A. When a victim of sexual assault who undergoes a forensic medical examination elects not to report the offense to law enforcement, the health care provider shall inform the victim that the physical evidence recovery kit shall be forwarded to the Division for storage as an anonymous physical evidence recovery kit. The health care provider shall further inform the victim of the length of time the anonymous physical evidence recovery kit will be stored by the Division, the victim's right to object to the destruction of the anonymous physical evidence recovery kit, and how the victim can have the anonymous physical evidence recovery kit released to a law-enforcement agency at a later date. The health care provider shall forward the anonymous physical evidence recovery kit to the Division in accordance with the policies and procedures established by the Division.
B. The Division shall store any anonymous physical evidence recovery kit received for a minimum of two years. The Division shall store the anonymous physical evidence recovery kit for an additional period of 10 years following the receipt of a written objection to the destruction of the anonymous physical evidence recovery kit from the victim. After the initial two years or any additional 10-year storage period, the Division, in the absence of the receipt of a written objection from the victim in the most recent 10-year period, may destroy the anonymous physical evidence recovery kit or, in its discretion or upon request of the victim or the law-enforcement agency, may elect to retain the anonymous physical evidence recovery kit for a longer period of time. Upon notification from either the law-enforcement agency or the attorney for the Commonwealth that the victim has elected to report the offense to the law-enforcement agency, the Division shall release the anonymous physical evidence recovery kit to the law-enforcement agency.
2016, cc. 332, 698; 2017, c. 535.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 1.2 - Physical Evidence Recovery Kits › § 19.2-11.6. (Effective July 1, 2025) Anonymous physical evidence recovery kits and anonymous trace evidence collection kits

A. When a victim of sexual assault who undergoes a forensic medical examination elects not to report the offense to law enforcement, the health care provider shall inform the victim that the physical evidence recovery kit shall be forwarded to the Division for storage as an anonymous physical evidence recovery kit. The health care provider shall further inform the victim of the length of time the anonymous physical evidence recovery kit will be stored by the Division, the victim's right to object to the destruction of the anonymous physical evidence recovery kit, and how the victim can have the anonymous physical evidence recovery kit released to a law-enforcement agency at a later date. The health care provider shall forward the anonymous physical evidence recovery kit to the Division in accordance with the policies and procedures established by the Division.
B. The Division shall store any anonymous physical evidence recovery kit received for a minimum of two years. The Division shall store the anonymous physical evidence recovery kit for an additional period of 10 years following the receipt of a written objection to the destruction of the anonymous physical evidence recovery kit from the victim. After the initial two years or any additional 10-year storage period, the Division, in the absence of the receipt of a written objection from the victim in the most recent 10-year period, may destroy the anonymous physical evidence recovery kit or, in its discretion or upon request of the victim or the law-enforcement agency, may elect to retain the anonymous physical evidence recovery kit for a longer period of time. Upon notification from either the law-enforcement agency or the attorney for the Commonwealth that the victim has elected to report the offense to the law-enforcement agency, the Division shall release the anonymous physical evidence recovery kit to the law-enforcement agency.
2016, cc. 332, 698; 2017, c. 535.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 1.2 - Physical Evidence Recovery Kits › § 19.2-11.7. (Effective until July 1, 2025) Law Enforcement taking possession of physical evidence recovery kits

A. A health care provider that has collected a physical evidence recovery kit from a victim of sexual assault who has elected to report the offense shall forthwith notify the law-enforcement agency that such kit has been collected.
B. A law-enforcement agency that receives notice from a health care provider that a physical evidence recovery kit has been collected shall forthwith take possession of the physical evidence recovery kit.
2016, cc. 332, 698.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 1.2 - Physical Evidence Recovery Kits › § 19.2-11.7. (Effective July 1, 2025) Law enforcement taking possession of physical evidence recovery kits and trace evidence collection kits

A. A health care provider that has collected a physical evidence recovery kit from a victim of sexual assault who has elected to report the offense shall forthwith notify the law-enforcement agency that such kit has been collected.
B. A law-enforcement agency that receives notice from a health care provider that a physical evidence recovery kit has been collected shall forthwith take possession of the physical evidence recovery kit.
2016, cc. 332, 698.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 1.2 - Physical Evidence Recovery Kits › § 19.2-11.9. (Effective until July 1, 2025) Lack of compliance with procedures

The failure of a law-enforcement agency to take possession of a physical evidence recovery kit as provided in this chapter or to submit a physical evidence recovery kit to the Department within the time period prescribed under this chapter does not alter the authority of the law-enforcement agency to take possession of the physical evidence recovery kit or to submit the physical evidence recovery kit to the Department under this chapter or the authority of the Department to accept and analyze the physical evidence recovery kit or to maintain or upload any developed DNA profiles from the physical evidence recovery kit into any local, state, or national DNA data bank if eligible as determined by Department procedures and in accordance with state and federal law.
A person accused or convicted of committing a crime against a sexual assault victim has no standing to object to any failure to comply with the requirements of this chapter, and the failure to comply with the requirements of this chapter is not grounds for challenging the admissibility of the evidence or setting aside the conviction or sentence.
2016, cc. 332, 698.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 1.2 - Physical Evidence Recovery Kits › § 19.2-11.9. (Effective July 1, 2025) Lack of compliance with procedures

The failure of a law-enforcement agency to take possession of a physical evidence recovery kit as provided in this chapter or to submit a physical evidence recovery kit to the Department within the time period prescribed under this chapter does not alter the authority of the law-enforcement agency to take possession of the physical evidence recovery kit or to submit the physical evidence recovery kit to the Department under this chapter or the authority of the Department to accept and analyze the physical evidence recovery kit or to maintain or upload any developed DNA profiles from the physical evidence recovery kit into any local, state, or national DNA data bank if eligible as determined by Department procedures and in accordance with state and federal law.
A person accused or convicted of committing a crime against a sexual assault victim has no standing to object to any failure to comply with the requirements of this chapter, and the failure to comply with the requirements of this chapter is not grounds for challenging the admissibility of the evidence or setting aside the conviction or sentence.
2016, cc. 332, 698.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 1.2 - Physical Evidence Recovery Kits › § 19.2-11.10. Expungement of DNA profile

If the Department receives written confirmation from a law-enforcement agency or attorney for the Commonwealth that a DNA profile that has been uploaded pursuant to this chapter into any local, state, or national DNA data bank was determined not to be connected to a criminal offense or that the DNA profile is of an individual who is not the putative perpetrator, the Department shall expunge the DNA profile from the DNA data bank.
The detention, arrest, or conviction of a person based upon a data bank match or data bank information is not invalidated if it is determined that the sample was obtained, placed, or retained in the data bank in good faith pursuant to this chapter, and evidence based upon or derived from the DNA record shall not be excluded by a court.
2016, cc. 332, 698.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 1.2 - Physical Evidence Recovery Kits › § 19.2-11.12. (Effective July 1, 2025) Costs of physical evidence recovery kits and trace evidence collection kits

No victim of sexual assault shall be charged for the cost of collecting or storing a physical evidence recovery kit or an anonymous physical evidence recovery kit.
2017, c. 535.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 1.2 - Physical Evidence Recovery Kits › § 19.2-11.13. Physical Evidence Recovery Kit Tracking System

A. The Department shall maintain a statewide electronic tracking system for physical evidence recovery kits. The Physical Evidence Recovery Kit Tracking System (the System) will utilize an assigned unique identification number to track each physical evidence recovery kit from its distribution as an uncollected kit to the health care provider through to its destruction. The Department shall ensure that each physical evidence recovery kit is assigned a unique identification number.
B. The Department shall provide access to the System to health care providers, law-enforcement agencies, the Division, and the Office of the Chief Medical Examiner. All such entities and agencies shall be required to enter the identification number and other information pertaining to the kits in the System as required by the Department and to update the status and location of each kit in the System whenever such status or location changes.
C. The health care provider shall inform the victim of sexual assault of the unique identification number assigned to the physical evidence recovery kit utilized by the health care provider during the forensic medical examination and provide the victim with information regarding the System.
D. Records entered into the System are confidential and are not subject to disclosure under the Freedom of Information Act (§ 2.2-3700 et seq.).
2019, c. 473.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 1.2 - Physical Evidence Recovery Kits and Trace Evidence Collection Kits › § 19.2-11.5. (Effective until July 1, 2025) Definitions

As used in this chapter, unless the context requires a different meaning:
"Anonymous physical evidence recovery kit" means a physical evidence recovery kit that is collected from a victim of sexual assault through a forensic medical examination where the victim elects, at the time of the examination, not to report the sexual assault offense to a law-enforcement agency.
"Department" means the Virginia Department of Forensic Science.
"Division" means the Division of Consolidated Laboratory Services of the Virginia Department of General Services.
"Health care provider" means any hospital, clinic, or other medical facility that provides forensic medical examinations to victims of sexual assault.
"Law-enforcement agency" means the state or local law-enforcement agency with the primary responsibility for investigating an alleged sexual assault offense case and includes the employees of that agency.
"Physical evidence recovery kit" means any evidence collection kit supplied by the Department to health care providers for use in collecting evidence from victims of sexual assault during forensic medical examinations or to the Office of the Chief Medical Examiner for use during death investigations to collect evidence from decedents who may be victims of sexual assault.
"Sexual assault offense" means a violation or attempted violation of any offense enumerated in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 or of any offense specified in § 18.2-361, 18.2-370, or 18.2-370.1.
"Victim of sexual assault" means any person who undergoes a forensic medical examination for the collection of a physical evidence recovery kit connected to a sexual assault offense.
2016, cc. 332, 698.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 1.2 - Physical Evidence Recovery Kits and Trace Evidence Collection Kits › § 19.2-11.5. (Effective July 1, 2025) Definitions

As used in this chapter, unless the context requires a different meaning:
"Anonymous physical evidence recovery kit" means a physical evidence recovery kit that is collected from a victim of sexual assault through a forensic medical examination where the victim elects, at the time of the examination, not to report the sexual assault offense to a law-enforcement agency.
"Department" means the Virginia Department of Forensic Science.
"Division" means the Division of Consolidated Laboratory Services of the Virginia Department of General Services.
"Health care provider" means any hospital, clinic, or other medical facility that provides forensic medical examinations to victims of sexual assault.
"Law-enforcement agency" means the state or local law-enforcement agency with the primary responsibility for investigating an alleged sexual assault offense case and includes the employees of that agency.
"Physical evidence recovery kit" means any evidence collection kit supplied by the Department to health care providers for use in collecting evidence from victims of sexual assault during forensic medical examinations or to the Office of the Chief Medical Examiner for use during death investigations to collect evidence from decedents who may be victims of sexual assault.
"Sexual assault offense" means a violation or attempted violation of any offense enumerated in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 or of any offense specified in § 18.2-361, 18.2-370, or 18.2-370.1.
"Victim of sexual assault" means any person who undergoes a forensic medical examination for the collection of a physical evidence recovery kit connected to a sexual assault offense.
2016, cc. 332, 698.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 1.2 - Physical Evidence Recovery Kits and Trace Evidence Collection Kits › § 19.2-11.6. (Effective until July 1, 2025) Anonymous physical evidence recovery kits

A. When a victim of sexual assault who undergoes a forensic medical examination elects not to report the offense to law enforcement, the health care provider shall inform the victim that the physical evidence recovery kit shall be forwarded to the Division for storage as an anonymous physical evidence recovery kit. The health care provider shall further inform the victim of the length of time the anonymous physical evidence recovery kit will be stored by the Division, the victim's right to object to the destruction of the anonymous physical evidence recovery kit, and how the victim can have the anonymous physical evidence recovery kit released to a law-enforcement agency at a later date. The health care provider shall forward the anonymous physical evidence recovery kit to the Division in accordance with the policies and procedures established by the Division.
B. The Division shall store any anonymous physical evidence recovery kit received for a minimum of two years. The Division shall store the anonymous physical evidence recovery kit for an additional period of 10 years following the receipt of a written objection to the destruction of the anonymous physical evidence recovery kit from the victim. After the initial two years or any additional 10-year storage period, the Division, in the absence of the receipt of a written objection from the victim in the most recent 10-year period, may destroy the anonymous physical evidence recovery kit or, in its discretion or upon request of the victim or the law-enforcement agency, may elect to retain the anonymous physical evidence recovery kit for a longer period of time. Upon notification from either the law-enforcement agency or the attorney for the Commonwealth that the victim has elected to report the offense to the law-enforcement agency, the Division shall release the anonymous physical evidence recovery kit to the law-enforcement agency.
2016, cc. 332, 698; 2017, c. 535.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 1.2 - Physical Evidence Recovery Kits and Trace Evidence Collection Kits › § 19.2-11.6. (Effective July 1, 2025) Anonymous physical evidence recovery kits and anonymous trace evidence collection kits

A. When a victim of sexual assault who undergoes a forensic medical examination elects not to report the offense to law enforcement, the health care provider shall inform the victim that the physical evidence recovery kit shall be forwarded to the Division for storage as an anonymous physical evidence recovery kit. The health care provider shall further inform the victim of the length of time the anonymous physical evidence recovery kit will be stored by the Division, the victim's right to object to the destruction of the anonymous physical evidence recovery kit, and how the victim can have the anonymous physical evidence recovery kit released to a law-enforcement agency at a later date. The health care provider shall forward the anonymous physical evidence recovery kit to the Division in accordance with the policies and procedures established by the Division.
B. The Division shall store any anonymous physical evidence recovery kit received for a minimum of two years. The Division shall store the anonymous physical evidence recovery kit for an additional period of 10 years following the receipt of a written objection to the destruction of the anonymous physical evidence recovery kit from the victim. After the initial two years or any additional 10-year storage period, the Division, in the absence of the receipt of a written objection from the victim in the most recent 10-year period, may destroy the anonymous physical evidence recovery kit or, in its discretion or upon request of the victim or the law-enforcement agency, may elect to retain the anonymous physical evidence recovery kit for a longer period of time. Upon notification from either the law-enforcement agency or the attorney for the Commonwealth that the victim has elected to report the offense to the law-enforcement agency, the Division shall release the anonymous physical evidence recovery kit to the law-enforcement agency.
2016, cc. 332, 698; 2017, c. 535.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 1.2 - Physical Evidence Recovery Kits and Trace Evidence Collection Kits › § 19.2-11.7. (Effective until July 1, 2025) Law Enforcement taking possession of physical evidence recovery kits

A. A health care provider that has collected a physical evidence recovery kit from a victim of sexual assault who has elected to report the offense shall forthwith notify the law-enforcement agency that such kit has been collected.
B. A law-enforcement agency that receives notice from a health care provider that a physical evidence recovery kit has been collected shall forthwith take possession of the physical evidence recovery kit.
2016, cc. 332, 698.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 1.2 - Physical Evidence Recovery Kits and Trace Evidence Collection Kits › § 19.2-11.7. (Effective July 1, 2025) Law enforcement taking possession of physical evidence recovery kits and trace evidence collection kits

A. A health care provider that has collected a physical evidence recovery kit from a victim of sexual assault who has elected to report the offense shall forthwith notify the law-enforcement agency that such kit has been collected.
B. A law-enforcement agency that receives notice from a health care provider that a physical evidence recovery kit has been collected shall forthwith take possession of the physical evidence recovery kit.
2016, cc. 332, 698.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 1.2 - Physical Evidence Recovery Kits and Trace Evidence Collection Kits › § 19.2-11.9. (Effective until July 1, 2025) Lack of compliance with procedures

The failure of a law-enforcement agency to take possession of a physical evidence recovery kit as provided in this chapter or to submit a physical evidence recovery kit to the Department within the time period prescribed under this chapter does not alter the authority of the law-enforcement agency to take possession of the physical evidence recovery kit or to submit the physical evidence recovery kit to the Department under this chapter or the authority of the Department to accept and analyze the physical evidence recovery kit or to maintain or upload any developed DNA profiles from the physical evidence recovery kit into any local, state, or national DNA data bank if eligible as determined by Department procedures and in accordance with state and federal law.
A person accused or convicted of committing a crime against a sexual assault victim has no standing to object to any failure to comply with the requirements of this chapter, and the failure to comply with the requirements of this chapter is not grounds for challenging the admissibility of the evidence or setting aside the conviction or sentence.
2016, cc. 332, 698.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 1.2 - Physical Evidence Recovery Kits and Trace Evidence Collection Kits › § 19.2-11.9. (Effective July 1, 2025) Lack of compliance with procedures

The failure of a law-enforcement agency to take possession of a physical evidence recovery kit as provided in this chapter or to submit a physical evidence recovery kit to the Department within the time period prescribed under this chapter does not alter the authority of the law-enforcement agency to take possession of the physical evidence recovery kit or to submit the physical evidence recovery kit to the Department under this chapter or the authority of the Department to accept and analyze the physical evidence recovery kit or to maintain or upload any developed DNA profiles from the physical evidence recovery kit into any local, state, or national DNA data bank if eligible as determined by Department procedures and in accordance with state and federal law.
A person accused or convicted of committing a crime against a sexual assault victim has no standing to object to any failure to comply with the requirements of this chapter, and the failure to comply with the requirements of this chapter is not grounds for challenging the admissibility of the evidence or setting aside the conviction or sentence.
2016, cc. 332, 698.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 1.2 - Physical Evidence Recovery Kits and Trace Evidence Collection Kits › § 19.2-11.10. Expungement of DNA profile

If the Department receives written confirmation from a law-enforcement agency or attorney for the Commonwealth that a DNA profile that has been uploaded pursuant to this chapter into any local, state, or national DNA data bank was determined not to be connected to a criminal offense or that the DNA profile is of an individual who is not the putative perpetrator, the Department shall expunge the DNA profile from the DNA data bank.
The detention, arrest, or conviction of a person based upon a data bank match or data bank information is not invalidated if it is determined that the sample was obtained, placed, or retained in the data bank in good faith pursuant to this chapter, and evidence based upon or derived from the DNA record shall not be excluded by a court.
2016, cc. 332, 698.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 1.2 - Physical Evidence Recovery Kits and Trace Evidence Collection Kits › § 19.2-11.12. (Effective until July 1, 2025) Costs of physical evidence recovery kits

No victim of sexual assault shall be charged for the cost of collecting or storing a physical evidence recovery kit or an anonymous physical evidence recovery kit.
2017, c. 535.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 1.2 - Physical Evidence Recovery Kits and Trace Evidence Collection Kits › § 19.2-11.12. (Effective July 1, 2025) Costs of physical evidence recovery kits and trace evidence collection kits

No victim of sexual assault shall be charged for the cost of collecting or storing a physical evidence recovery kit or an anonymous physical evidence recovery kit.
2017, c. 535.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 1.2 - Physical Evidence Recovery Kits and Trace Evidence Collection Kits › § 19.2-11.13. Physical Evidence Recovery Kit Tracking System

A. The Department shall maintain a statewide electronic tracking system for physical evidence recovery kits. The Physical Evidence Recovery Kit Tracking System (the System) will utilize an assigned unique identification number to track each physical evidence recovery kit from its distribution as an uncollected kit to the health care provider through to its destruction. The Department shall ensure that each physical evidence recovery kit is assigned a unique identification number.
B. The Department shall provide access to the System to health care providers, law-enforcement agencies, the Division, and the Office of the Chief Medical Examiner. All such entities and agencies shall be required to enter the identification number and other information pertaining to the kits in the System as required by the Department and to update the status and location of each kit in the System whenever such status or location changes.
C. The health care provider shall inform the victim of sexual assault of the unique identification number assigned to the physical evidence recovery kit utilized by the health care provider during the forensic medical examination and provide the victim with information regarding the System.
D. Records entered into the System are confidential and are not subject to disclosure under the Freedom of Information Act (§ 2.2-3700 et seq.).
2019, c. 473.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 2 - Conservators of the Peace and Special Policemen › § 19.2-12. Who are conservators of the peace

Every judge and attorney for the Commonwealth throughout the Commonwealth and every magistrate within the geographical area for which he is appointed or elected shall be a conservator of the peace. In addition, every commissioner in chancery, while sitting as such commissioner; any special agent or law-enforcement officer of the U.S. Department of Justice, National Marine Fisheries Service of the U.S. Department of Commerce, U.S. Department of the Treasury, U.S. Department of Agriculture, U.S. Department of Defense, U.S. Department of State, Office of the Inspector General of the U.S. Department of Transportation, U.S. Department of Homeland Security, and U.S. Department of the Interior; any inspector, law-enforcement official, or police personnel of the United States Postal Service; any United States marshal or deputy United States marshal whose duties involve the enforcement of the criminal laws of the United States; any officer of the Virginia Marine Police; any criminal investigator of the Department of Professional and Occupational Regulation who meets the minimum law-enforcement training requirements established by the Department of Criminal Justice Services for in-service training; any criminal investigator of the U.S. Department of Labor; any special agent of the United States Naval Criminal Investigative Service, United States Army Criminal Investigation Division, or United States Air Force Office of Special Investigations; any special agent of the National Aeronautics and Space Administration; any sworn municipal park ranger who has completed all requirements under § 15.2-1706; and any investigator employed by an attorney for the Commonwealth who within 10 years immediately prior to being employed by the attorney for the Commonwealth was an active law-enforcement officer as defined in § 9.1-101 in the Commonwealth and retired or resigned from his position as a law-enforcement officer in good standing shall be a conservator of the peace while engaged in the performance of his official duties.
Code 1950, § 19.1-20; 1960, c. 366; 1968, c. 639; 1972, c. 549; 1975, c. 495; 1978, c. 697; 1981, cc. 572, 587; 1990, c. 558; 1991, cc. 74, 338; 1994, cc. 375, 569, 626; 1997, c. 34; 2001, cc. 3, 31; 2002, cc. 86, 605, 789; 2004, c. 1009; 2005, c. 372; 2006, c. 88; 2007, c. 224; 2015, cc. 75, 126; 2017, c. 674; 2023, cc. 107, 108.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 2 - Conservators of the Peace and Special Policemen › § 19.2-13.1. Application for special conservator of the peace by locality

No official or employee of a school board or county, city, or town, its departments, or its agents shall submit an application for the appointment of a special conservator of the peace without attaching a written assessment from the chief law-enforcement officer of the locality stating the need for the appointment and recommending any limitations that should be included in the order of appointment to the application submitted to the court pursuant to subsection A of § 19.2-13.
2016, c. 416.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 2 - Conservators of the Peace and Special Policemen › § 19.2-14. Conservators of the peace for fairgrounds and cemeteries; bond required

The superintendent or other person in charge of any fairgrounds or any public or private cemetery shall, for the purpose of maintaining order and enforcing the criminal and police laws of the Commonwealth, or the county or city in which such fairgrounds or cemetery is situated, have all the powers, functions, duties, responsibilities and authority of a conservator of the peace within the fairgrounds or cemetery over which he may have charge and within one-half of a mile around the same.
The provisions of § 19.2-13 relative to the giving of bond and the liability of an employer, principal or master, shall be applicable to every person exercising any powers of a conservator of the peace under this section.
Code 1950, § 19.1-32; 1960, c. 366; 1975, c. 495.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 2 - Conservators of the Peace and Special Policemen › § 19.2-15. When conservator appointed under § 19.2-13 need not be a citizen

Any such conservator appointed under the provisions of § 19.2-13 whose jurisdiction is limited to the grounds attached to an airport, need not be a citizen of the Commonwealth if the proprietors of such airport shall, before any such conservator shall enter upon the duties of the office, enter into bond with approved surety before the clerk of the circuit court having jurisdiction over such airport in the penalty of $1,000 for each conservator so appointed, with condition for the faithful discharge of his official duties.
Code 1950, § 19.1-29; 1960, c. 366; 1975, c. 495.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 2 - Conservators of the Peace and Special Policemen › § 19.2-18. Powers and duties generally

Every conservator of the peace shall have authority to arrest without a warrant in such instances as are set out in §§ 19.2-19 and 19.2-81. Upon making an arrest without a warrant, the conservator of the peace shall proceed in accordance with the provisions of § 19.2-22 or § 19.2-82 as the case may be.
Code 1950, § 19.1-20; 1960, c. 366; 1968, c. 639; 1972, c. 549; 1975, c. 495.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 2 - Conservators of the Peace and Special Policemen › § 19.2-19. Recognizance to keep the peace; when required

If any person threatens to kill or injure another or to commit violence or injury against his person or property, or to unlawfully trespass upon his property, he shall be required to give a recognizance to keep the peace for such period not to exceed one year as the court hearing the complaint may determine.
Code 1950, §§ 19.1-26, 19.1-27; 1960, c. 366; 1975, c. 495; 1978, c. 500.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 2 - Conservators of the Peace and Special Policemen › § 19.2-20. Same; complaint and issuance of warrant therefor

If complaint be made to any magistrate or judge that a person should be required to give a recognizance to keep the peace due to any of the reasons set forth in § 19.2-19, such magistrate or judge shall examine on oath the complainant, and any witness who may be produced, reduce the complaint to writing, and cause it to be signed by the complainant; and if probable cause is established, such magistrate or judge shall issue a warrant, reciting the complaint, and requiring the person complained of forthwith to be apprehended and brought before the district court having appropriate jurisdiction.
Code 1950, § 19.1-21; 1960, c. 366; 1975, c. 495; 1978, c. 500; 1979, c. 708.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 2 - Conservators of the Peace and Special Policemen › § 19.2-21. Same; procedure when accused appears

When such person appears, if the judge, on hearing the parties, considers that there is not good cause for the complaint, he shall discharge such person, and may give judgment in his favor against the complainant for his costs. If he considers that there is good cause therefor, he may require a recognizance of the person against whom it is, and give judgment against him for the costs of the prosecution, or any part thereof; and, unless such recognizance be given, he shall commit him to jail by a warrant, stating the sum and time in and for which the recognizance is directed. The person given judgment under this section for costs may issue a writ of fieri facias thereon, if an appeal be not allowed; and proceedings thereupon may be according to §§ 16.1-99 through 16.1-101.
Code 1950, § 19.1-22; 1960, c. 366; 1975, c. 495; 1978, c. 500.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 2 - Conservators of the Peace and Special Policemen › § 19.2-22. Same; arrest without a warrant

A person arrested without a warrant by any conservator of the peace or other law-enforcement officer for any of the acts set forth in § 19.2-19 committed in the presence of such conservator of the peace or law-enforcement officer, shall be brought forthwith before a magistrate or judge, and proceedings shall be had in accordance with §§ 19.2-20 and 19.2-21.
1975, c. 495.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 2 - Conservators of the Peace and Special Policemen › § 19.2-23. Payment of fees or mileage allowances into county or city treasury

Any conservator or policeman appointed under the provisions of this chapter shall not be entitled to fees or mileage for performance of his duties as such conservator or policeman.
Code 1950, § 19.1-31; 1960, c. 366; 1975, c. 495.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 2 - Conservators of the Peace and Special Policemen › § 19.2-24. When appeal may be taken; witnesses recognized; bail

Any person from whom a recognizance is required under the provisions of this chapter or who has been committed to jail for failure to give security therefor, may appeal to the circuit court of the county or city, and, in such case, the judge from whose judgment the appeal is taken shall recognize such of the witnesses as he thinks proper; provided, however, that the person taking the appeal may be required to give bail, with good security, for his appearance at the circuit court of the county or city.
Code 1950, § 19.1-23; 1960, c. 366; 1975, c. 495; 1978, c. 500.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 2 - Conservators of the Peace and Special Policemen › § 19.2-25. Power of court on appeal

The court may dismiss the complaint or affirm the judgment, and make what order it sees fit as to the costs. If it award costs against the appellant, the recognizance which he may have given shall stand as security therefor. When there is a failure to prosecute the appeal, such recognizance shall remain in force, although there be no order of affirmance. On any appeal the court may require of the appellant a new recognizance if it see fit.
Any person committed to jail under this chapter may be discharged by the circuit court of the county or city on such terms as it may deem reasonable.
Code 1950, §§ 19.1-24, 19.1-25; 1960, c. 366; 1975, c. 495.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 3 - Magistrates › § 19.2-26. Repeal of inconsistent statutes, municipal charters, etc.

All acts and parts of acts, all sections of this Code, and all provisions of municipal charters, inconsistent with the provisions of this title, are, except as herein otherwise provided, repealed to the extent of such inconsistency.
Code 1950, § 19.1-374; 1973, c. 545; 1975, c. 495.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 3 - Magistrates › § 19.2-27. Effect of repeal of Title 39.1 on prior acts, offenses, etc.

The repeal of Title 39.1 effective as of January 1, 1974, shall not affect any act or offense done or committed or any penalty or forfeiture incurred, or any right established, accrued, or accruing on or before such date, or any prosecution, suit or action pending on that day.
Code 1950, § 19.1-375; 1973, c. 545; 1975, c. 495.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 3 - Magistrates › § 19.2-28. Certain notices, recognizances and processes validated

Any notice given, recognizance taken, or process or writ issued, before January 1, 1974, shall be valid although given, taken or to be returned to a day after such date, in like manner as if this title had been effective before the same was given, taken or issued.
Code 1950, § 19.1-376; 1973, c. 545; 1975, c. 495.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 3 - Magistrates › § 19.2-29. References to former sections, articles and chapters in Title 39.1

Whenever in Chapter 3 (§ 19.2-26 et seq.) of this title any of the conditions, requirements, provisions or contents of any section, article or chapter of Title 39.1, as such title existed prior to January 1, 1974, are transferred in the same or modified form to a new section, article or chapter, and whenever any such former section, article or chapter is given a new number in Chapter 3 of this title all references to any such former section, article or chapter of Title 39.1 appearing elsewhere in this Code than in Chapter 3 of this title shall be construed to apply to the new or renumbered section, article or chapter containing such conditions, requirements, provisions or contents or portions thereof.
Code 1950, § 19.1-377; 1973, c. 545; 1975, c. 495; 2002, c. 310.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 3 - Magistrates › § 19.2-31. Abolition of office of issuing justice

Effective January 1, 1974, the office of issuing justice as provided for in Chapter 2 (§ 39.1-20 et seq.) of Title 39.1 having been abolished, nevertheless, any such special justice of the peace in office December 31, 1973, and elected by the town council for a specific term to expire after that date, may continue in office for the remainder of that term. If he continues in office as provided herein, such justice shall exercise the same powers, perform the same duties, and receive such compensation as he was receiving as of December 31, 1973.
Code 1950, § 19.1-379; 1973, c. 545; 1975, c. 495.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 3 - Magistrates › § 19.2-32. References to justices of the peace

References in law to justices of the peace shall be deemed to apply to magistrates unless the provisions of Chapter 3 (§ 19.2-26 et seq.) of this title shall render such reference inapplicable.
Code 1950, § 19.1-380; 1973, c. 545; 1975, c. 495; 2002, c. 310.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 3 - Magistrates › § 19.2-33. Office of magistrate

The office of magistrate shall be vested with all the authority, duties and obligations previously vested in the office of justice of the peace prior to January 1, 1974.
Code 1950, § 19.1-381; 1973, c. 545; 1975, c. 495.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 3 - Magistrates › § 19.2-34. Number of magistrates

There shall be appointed as many magistrates as are necessary for the effective administration of justice. The positions of all employees of the magistrate system shall be authorized by the Committee on District Courts established pursuant to § 16.1-69.33.
Code 1950, § 19.1-382; 1973, c. 545; 1974, c. 484; 1975, c. 495; 1976, c. 138; 1977, c. 198; 1981, c. 4; 1992, c. 55; 2008, cc. 551, 691.
2023 Code of Virginia › Title 19.2 - Criminal Procedure › Chapter 3 - Magistrates › § 19.2-35. Appointment; supervision generally

Magistrates and any other personnel in the office of the magistrate shall be appointed by the Executive Secretary of the Supreme Court of Virginia in consultation with the chief judges of the circuit courts having jurisdiction within the region. Each magistrate shall be appointed to serve one or more of the magisterial regions created by the Executive Secretary. Each magisterial region shall be comprised of one or more judicial districts. The Executive Secretary shall have full supervisory authority over the magistrates so appointed. Notwithstanding any other provision of law, the only methods for the selection of magistrates shall be as set out in this section.
No person shall be appointed under this section until he has submitted his fingerprints to be used for the conduct of a national criminal records search and a Virginia criminal history records search. No person with a criminal conviction for a felony shall be appointed as a magistrate.
Code 1950, § 19.1-383; 1973, c. 545; 1974, c. 484; 1975, c. 495; 1976, c. 138; 1981, c. 4; 1988, c. 511; 2002, c. 310; 2004, cc. 370, 452; 2008, cc. 551, 691.