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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.