The presentence report prepared pursuant to § 19.2-299 shall, with the consent of the victim, as defined in § 19.2-11.01, in all cases, include a Victim Impact Statement.
A Victim Impact Statement shall be kept confidential and shall be sealed upon entry of the sentencing order. If prepared by someone other than the victim, it shall (i) identify the victim, (ii) itemize any economic loss suffered by the victim as a result of the offense, (iii) identify the nature and extent of any physical or psychological injury suffered by the victim as a result of the offense, (iv) detail any change in the victim's personal welfare, lifestyle or familial relationships as a result of the offense, (v) identify any request for psychological or medical services initiated by the victim or the victim's family as a result of the offense, and (vi) provide such other information as the court may require related to the impact of the offense upon the victim.
If the court does not order a presentence investigation and report, the attorney for the Commonwealth shall, at the request of the victim, submit a Victim Impact Statement. In any event, a victim shall be advised by the local crime victim and witness assistance program that he may submit in his own words a written Victim Impact Statement prepared by the victim or someone the victim designates in writing.
The Victim Impact Statement may be considered by the court in determining the appropriate sentence. A copy of the statement prepared pursuant to this section shall be made available to the defendant or counsel for the defendant without court order at least five days prior to the sentencing hearing. The statement shall not be admissible in any civil proceeding for damages arising out of the acts upon which the conviction was based. The statement, however, may be utilized by the Virginia Workers' Compensation Commission in its determinations on claims by victims of crimes pursuant to Chapter 21.1 (§ 19.2-368.1 et seq.).
1983, c. 541; 1984, c. 282; 1987, c. 676; 1989, c. 374; 1993, cc. 436, 569; 1995, cc. 687, 720; 1996, c. 398; 2021, Sp. Sess. I, cc. 344, 345.
Notes of Decisions
Cited in
27
cases (
3 in the last 5 years), 1986–2025 · leading case:
Beck v. Commonwealth, 484 S.E.2d 898 (Va. 1997).
Beck v. Commonwealth, 484 S.E.2d 898 (Va. 1997).
· cites it 13× “Similarly, the reference to the Act in Code § 19.2-299.1 merely defines the person or persons whose consent the Commonwealth must obtain in order to include the victim impact statement in the sentencing report.”
Du v. Commonwealth, 790 S.E.2d 493 (Va. 2016).
· cites it 4× “3 The trial court sealed the victim impact statements, pursuant to Code § 19.2-299.1. To the extent that we mention facts found only in the sealed record, we unseal only those specific facts, finding them relevant to our decision in this case.”
Juniper v. Com., 626 S.E.2d 383 (Va. 2006).
· cites it 6× “'s potential testimony does not fall within the scope of victim impact testimony authorized under Code § 19.2-299.1 and is not relevant to the ultimate decision of sentence, which is the sole province of the jury.”
Tevein Dewayne Harvey v. Commonwealth of Virginia, 777 S.E.2d 231 (Va. Ct. App. 2015).
· cites it 9× “Code § 19.2-299.1, which governs victim impact statements, provides in relevant part: A Victim Impact Statement shall be kept confidential and shall be sealed upon entry of the sentencing order.”
Roland Baldwin v. Commonwealth of Virginia, 815 S.E.2d 809 (Va. Ct. App. 2018).
· cites it 9× “3 Code § 19.2-299.1. If the victim testifies in court to the impact of the crime, “[t]he court shall limit the victim’s testimony to the [six] factors set forth in clauses (i) through (vi) of subsection A of § 19.”
Thomas v. Commonwealth, 559 S.E.2d 652 (Va. 2002).
· cites it 6× “The reference to the definition of “victim” in Code § 19.2-299.1 served only to identify the individuals whose consent was required for the inclusion of a victim impact statement in the presentence report prepared in non-capital cases.”
Alger v. Commonwealth, 450 S.E.2d 765 (Va. Ct. App. 1994).
· cites it 6× “Alger maintains the court is powerless to order restitution to an insurance company because a corporation is not an “individual” who has suffered economic harm as a “direct result of the commission of a felony,” as defined in Code § 19.2-299.1, the victim impact statute.”
Wolfe v. Commonwealth, 576 S.E.2d 471 (Va. 2003).
· cites it 2× “The circuit court properly permitted the victim’s mother to testify about *225 the impact that the murder of her son has had upon her family because such testimony is within the scope of Code §§ 19.2-299.1 and 19.2-264.4. The defendant complains that the Commonwealth asked…”
Rock v. Commonwealth, 610 S.E.2d 314 (Va. Ct. App. 2005).
· cites it 4× “2-11.01(A)(4)(a) ("Victims shall be given the opportunity .”
Lodowski v. State, 490 A.2d 1228 (Md. 1986).
· cites it 2× “1984); Va.Code § 19.2-299.1 (Supp. 1984); W. Va.”
Remington v. Commonwealth, 551 S.E.2d 620 (Va. 2001).
“Such statement shall contain the same information and be prepared in the same manner as Victim Impact Statements prepared pursuant to § 19.2-299.1. After consideration of the report, and upon good cause shown, the court may set aside the sentence of death and impose a sentence…”
Larry Dale Puckett v. Commonwealth of Virginia (Va. Ct. App. 2022).
· cites it 12× “If prepared by someone other than the victim, it shall (i) identify the victim, (ii) itemize any economic loss suffered by the victim as a result of the offense, (iii) identify the nature and extent of any physical or psychological injury suffered by the victim as a result of…”
— Va. Code Ann. § 19.2-299.1(i) — 1 case
— Va. Code Ann. § 19.2-299.1(iii) — 1 case
Roland Baldwin v. Commonwealth of Virginia, 815 S.E.2d 809 (Va. Ct. App. 2018).
“3 Code § 19.2-299.1. If the victim testifies in court to the impact of the crime, “[t]he court shall limit the victim’s testimony to the [six] factors set forth in clauses (i) through (vi) of subsection A of § 19.”
— Va. Code Ann. § 19.2-299.1(iv) — 1 case
Roland Baldwin v. Commonwealth of Virginia, 815 S.E.2d 809 (Va. Ct. App. 2018).
“3 Code § 19.2-299.1. If the victim testifies in court to the impact of the crime, “[t]he court shall limit the victim’s testimony to the [six] factors set forth in clauses (i) through (vi) of subsection A of § 19.”
— Va. Code Ann. § 19.2-299.1(vi) — 1 case
Juniper v. Com., 626 S.E.2d 383 (Va. 2006).
“'s potential testimony does not fall within the scope of victim impact testimony authorized under Code § 19.2-299.1 and is not relevant to the ultimate decision of sentence, which is the sole province of the jury.”
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