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.
Structure Code of Virginia
Title 19.2 - Criminal Procedure
Chapter 12 - Preliminary Hearing
§ 19.2-183.1. Joint preliminary hearings
§ 19.2-185. Testimony may be reduced to writing and subscribed
§ 19.2-186. When accused to be discharged, tried, committed or bailed by judge
§ 19.2-187. Admission into evidence of certain certificates of analysis
§ 19.2-187.01. Certificate of analysis as evidence of chain of custody of material described therein
§ 19.2-187.1. Procedures for notifying accused of certificate of analysis; waiver; continuances
§ 19.2-187.2. Procedure for subpoena duces tecum of analysis evidence
§ 19.2-188. Reports by Chief Medical Examiner received as evidence
§ 19.2-188.1. Testimony regarding identification of controlled substances
§ 19.2-188.2. Certificate of surgeon as evidence
§ 19.2-188.4. Two-way video testimony related to certain forensic medical examinations
§ 19.2-189. Commitment of accused for further examination
§ 19.2-190. To whom, and when, examination and recognizance to be certified
§ 19.2-190.1. Certification of ancillary misdemeanor offenses