Code of Virginia

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Code of Virginia
Title 19.2. Criminal Procedure
Chapter 1.1. Crime Victim and Witness Rights Act
9/25/2020

§ 19.2-11.02. Prohibiting inquiry into the immigration status of certain victims or witnesses of crime.

A. No law-enforcement officer, as defined in § 9.1-101, shall, in connection with the report, investigation, or prosecution of a criminal violation of state or local law, inquire into the immigration status of any person who (i) reports that he is a victim of the crime or is the parent or guardian of a minor victim of the crime or (ii) is a witness in the investigation of the crime or the parent or guardian of a minor witness to the crime.

B. Nothing in this section shall prohibit a law-enforcement officer from inquiring into the immigration status of the parent or guardian of a minor victim if such parent or guardian has been arrested for, has been charged with, or is being investigated for a crime against the minor victim.

C. Nothing in this section shall affect the enforcement or implementation of § 18.2-59, subdivision 10 of § 18.2-308.09, or subdivision B 1 of § 18.2-308.2:2, or prohibit a law-enforcement officer from inquiring into a person's immigration status to enforce or implement such sections.

2020, c. 273.

The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.