§ 19.2-368.12 — Awards not subject to execution or attachment; apportionment; reductions

Virginia § 19.2-368.12

• Jurisdiction: Virginia
• Title 19.2: CRIMINAL PROCEDURE
• Ch. 21.1: COMPENSATING VICTIMS OF CRIME

Text

A. No award made pursuant to this chapter shall be subject to execution or attachment other than for expenses resulting from the injury which is the basis for the claim.

B. If there are two or more persons entitled to an award as a result of the death of a person which is the direct result of a crime, the award shall be apportioned among the claimants.

C. In determining the amount of an award, the Commission shall determine whether, because of his conduct, the victim of such crime contributed to the infliction of his injury, and the Commission shall reduce the amount of the award or reject the claim altogether, in accordance with such determination; provided, however, that the Commission may disregard for this purpose the responsibility of the victim for his own injury where the record shows that such responsibility was attributable to efforts by the victim to prevent a crime or an attempted crime from occurring in his presence, or to apprehend a person who had committed a crime in his presence or had, in fact, committed a felony.

Legislative History

1976, c. 605; 1977, c. 215; 1989, c. 335.