§61-11A-3. Victim Impact Statement; When Required; Contents; Use; Right of Defendant to Review and Present Evidence
(a) In every case in which a presentence report is ordered by the court, such presentence report shall contain a victim impact statement unless the court orders otherwise, if the defendant, in committing a felony or misdemeanor, caused physical, psychological or economic injury or death of the victim. (b) The victim impact statement shall be […]
§61-11A-4. Restitution; When Ordered
(a) The court, when sentencing a defendant convicted of a felony or misdemeanor causing physical, psychological, or economic injury or loss to a victim, shall order, in addition to or in lieu of any other penalty authorized by law, that the defendant make restitution to any victim of the offense to the greatest extent economically […]
§61-11A-5. Restitution; Procedure for Issuing Order
(a) The court, in determining whether to order restitution under this article, and in determining the amount of such restitution, shall consider the amount of the loss sustained by any victim as a result of the offense, the financial resources of the defendant, the financial needs and earning ability of the defendant and the defendant's […]
§61-11A-6. State Guidelines for Fair Treatment of Crime Victims and Witnesses in the Criminal Justice System
(a) No later than July 1, 1984, the Attorney General shall promulgate rules and regulations in accordance with the provisions of chapter twenty-nine-a of this code, establishing guidelines for law-enforcement agencies and prosecuting attorneys' offices consistent with the purposes of this article. The Attorney General shall seek the advice of the West Virginia State Police […]
§61-11A-7. Severability
The provision of subsection (cc), section ten, article two, chapter two of this code shall apply to the provisions of this article to the same extent as if the provision of said subsection were set forth in extenso herein.
§61-11A-8. Notification to Victim of Offender's Release, Placement, or Escape From Custody
(a) At the time a criminal prosecution is commenced by the filing of a complaint, if the complaint charges a person with committing an offense described in subsection (e) of this section, then the prosecuting attorney is required to provide notice, in writing or by telephone, to the victim or a family member that he […]
§61-11A-9. Sexual Assault Victims” Bill of Rights
(a) In addition to those rights afforded victims of crime by other provisions of this code, a sexual assault victim has the following rights: (1) The right to a personal representative of the victims choice to accompany him or her to a hospital or other health care facility and to attend proceedings concerning the alleged […]
§61-12-3. Office of Chief Medical Examiner Established; Appointment, Duties, etc., of Chief Medical Examiner; Assistants and Employees; Promulgation of Rules
NOTE: West Virginia Code 61-12-3 was amended by two bills passed during the 2022 Regular Session of the Legislature. When two acts of the Legislature amend the same section of the Code without express recognition in the bill of the action of the other bill, the Legislative Manager makes no determination as to the appropriate, […]
§61-12-4. Central Office and Laboratory
The office of the chief medical examiner shall establish and maintain a central office and a laboratory having adequate professional and technical personnel and medical and scientific facilities for the performance of the duties imposed by this article. In order to secure facilities sufficient to meet the duties imposed by the provisions of this code, […]
§61-11-12. Venue of Offense Committed in More Than One County
When an offense is committed partly in one county and partly in one or more other counties within this state, it may be alleged that the offense was committed and the accused may be tried in any one county in which any substantial element of the offense occurred.