Code of Virginia § 19.2-188.4. Two-way video testimony related to certain forensic medical examinations.
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/va/title-19-2/chapter-12/19-2-188-4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. Any testimony offered by either party in a preliminary hearing or sentencing hearing, or offered by the accused in any hearing other than a trial, by a sexual assault nurse examiner or sexual assault forensic examiner who performed a forensic medical examination may be presented using two-way video conferencing.
B. Any testimony offered by either party in a trial, or offered by the attorney for the Commonwealth in any hearing other than a preliminary hearing or sentencing hearing, by a sexual assault nurse examiner or sexual assault forensic examiner who performed a forensic medical examination may be presented by two-way video conferencing with the consent of the court and all parties.
C. The two-way video testimony permitted by this section shall comply with the provisions of subsection B of § 19.2-3.1 . In addition, unless otherwise agreed to by the parties and the court,
(i)all orders pertaining to witnesses apply to witnesses testifying by two-way video conferencing;
(ii)upon request, all materials read or used by the witness during his testimony shall be identified on the video; and
(iii)any witness testifying by two-way video conferencing shall certify at the conclusion of his testimony, under penalty of perjury, that he did not engage in any off-camera communications with any person during his testimony.
D. Nothing in this section shall be construed as requiring a locality to purchase a two-way electronic video and audio communication system. Any decision to purchase such a system is at the discretion of the locality.
2022, c. 253 .