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2004 SESSION
040792820Be it enacted by the General Assembly of Virginia:
1. That § 19.2-163.7 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-163.7. Counsel in capital cases.
In any case in which an indigent defendant is charged with a capital offense,
the judge of the circuit court, upon request for the appointment of counsel,
shall appoint one or more at least two attorneys from the list or lists
established by the Supreme Court and the Public Defender Commission pursuant to
§ 19.2-163.8 to represent the defendant at trial and, if the defendant is
sentenced to death, on appeal. In all cases after July 1, 2004, where counsel is to
be appointed under this section, one of the attorneys appointed shall be from a
capital defense unit maintained by the Public Defender Commission; this. The
capital defense unit attorney shall serve as lead counsel. This section shall
be construed in conformity with the provisions of § 19.2-163.4. If prior to
indictment the attorney for the Commonwealth declares in writing that the
Commonwealth will not seek the death penalty, the capital defense unit attorney
may upon motion before the circuit court seek to withdraw as counsel. The circuit court judge having
heard the motion to withdraw shall permit the capital defense unit attorney to
withdraw and shall appoint another attorney pursuant to the provisions of §
19.2-159. If the sentence of death is affirmed on appeal, the court shall,
within thirty 30 days after the decision of the Supreme Court of Virginia,
appoint counsel from the same list, or such other list as the Supreme Court and the Commission may
establish, to represent an indigent prisoner under sentence of death in a state habeas corpus
proceeding. The Attorney General shall have no standing to object to the
appointment of counsel for the petitioner.