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2007 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 19.2-175 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-175. Compensation of experts.
Each psychiatrist, clinical psychologist or other expert
appointed by the court to render professional service pursuant to §§
19.2-168.1, 19.2-169.1, 19.2-169.5, subsection A of § 19.2-176, §§ 19.2-182.8,
19.2-182.9, 19.2-264.3:1, 19.2-264.3:3 or § 19.2-301, who is not regularly
employed by the Commonwealth of Virginia except by the University of Virginia
School of Medicine and the Medical College of Virginia Commonwealth University,
shall receive a reasonable fee for such service. For any psychiatrist, clinical
psychologist, or other expert appointed by the court to render such
professional services who is regularly employed by the Commonwealth of Virginia, except by the University of Virginia School of Medicine or the Medical College of
Virginia Commonwealth University, the fee shall be paid only for professional
services provided during nonstate hours that have been approved by his
employing agency as being beyond the scope of his state employment duties. The
fee shall be determined in each instance by the court that appointed the
expert, in accordance with guidelines established by the Supreme Court after
consultation with the Department of Mental Health, Mental Retardation and
Substance Abuse Services. Except in capital murder cases the fee shall not
exceed $400 $750, but in addition if any such expert is required
to appear as a witness in any hearing held pursuant to such sections, he shall
receive mileage and a fee of $100 for each day during which he is required so
to serve. An itemized account of expense, duly sworn to, must be presented to
the court, and when allowed shall be certified to the Supreme Court for payment
out of the state treasury, and be charged against the appropriations made to
pay criminal charges. Allowance for the fee and for the per diem authorized
shall also be made by order of the court, duly certified to the Supreme Court
for payment out of the appropriation to pay criminal charges.