Domestic and Sexual Violence in Virginia - Virginia Attorney General

2008 LegislativeUpdateDuring the 2008 Virginia General AssemblySession, a number of important piecesof legislation were passed to: enhance victim safety,ensure the timely processing of protective orders,enhance law enforcement policies and training fordomestic and sexual violence, and promote consistencyin the response to domestic and sexual violence.Faster Entry of Protection OrdersAmends §§16.1-253, 16.1-253.1, 16.1-253.4, 16.1-279.1,19.2-152.8, 19.2-152.9, 19.2-152.10, and 19.2-390 of theCode of Virginia with regard to the entry of protectiveorders by the court into the computer for transmittalto the Virginia Criminal Information Network (VCIN)system. Effective July 1, 2008, when a protective orderis issued by the court, the court must enter and transferidentifying information to the VCIN system no laterthan the end of the business day on which the order wasentered. This legislation ensures that law enforcementofficers will be able to access updated protective orderinformation in the VCIN system.Physical Evidence Recovery KitsAmends §19.2-165.1 of the Code of Virginia. EffectiveJuly 1, 2008, the Commonwealth will directly reimbursea health care provider for the costs of performing thephysical evidence recovery kit (“PERK”) examinationsused in cases of sexual assault. In addition, participationin the criminal justice system or cooperation with lawenforcement will no longer be required in order forvictims to be provided with these examinations free ofcharge. The defendant, upon conviction, is required toreimburse the Commonwealth for the cost of the exam.Funding of Programs that SupportHealthy Marriages and Strong FamiliesEstablishes §63.2-214.1 of the Code of Virginia. EffectiveJuly 1, 2008, the Department of Social Services is directedto establish a program that supports educational initiativesintended to promote healthy marriages and strongfamilies. The Department is also authorized, to the extentauthorized by federal law, to allocate up to one percent ofall funds received under the federal Temporary Assistancefor Needy Families program to support this program.Victims of Sexual Violence NotRequired to Submit to PolygraphAmends §19.2-9.1 of the Code of Virginia. Effective July1, 2008, no law enforcement officer, Commonwealth’sAttorney, or other governmental official shall ask orrequire a victim of an alleged sex offense to submit to apolygraph examination or other truth-telling device as acondition for proceeding with the criminal investigationof such an offense. If a victim is requested to submit toa polygraph examination during the course of a criminalinvestigation, such victim shall be informed in writingthat the refusal of the victim to submit to such an examinationshall not prevent the investigation, charging, orprosecution of the offense.Presumption Against Granting Bail forFelony Domestic Violence OffendersAmends §19.2-120 of the Code of Virginia. Effective July1, 2008, there is a presumption, subject to rebuttal, againstadmitting to bail any person who is arrested for felonyassault and battery against a family or household member.For these offenders, a judge is to presume that no conditionor combination of conditions will reasonably assurethe appearance of the person in court or the safety of thepublic, and thus bail should be denied.Address Confidentiality for Victims ofDomestic Violence Program ExpandedAmends §2.2-515.2 of the Code of Virginia to expandthe Address Confidentiality Program, a program originallypiloted in Arlington County, and administered by the29