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Developed and maintained by the Division of Legislative Automated Systems.
2007 SESSION
HB 2361 Court-appointed counsel; compensation for services.
Introduced by: Lacey E. Putney | all patrons ... notes | add to my profiles
SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION: (all summaries)
Waiver on compensation cap for court-appointed attorneys. Provides that court-appointed counsel, who are not public defenders, may request a waiver of the limitations on compensation up to certain specified additional amounts depending on the charges being defended when the effort expended, the time reasonably necessary for the representation, the novelty and difficulty of the issues, or other circumstances warrant such a waiver. The determination of whether to grant such a waiver shall be subject to guidelines issued by the Executive Secretary of the Supreme Court of Virginia. Counsel may request an additional waiver exceeding these amounts and the presiding judge shall determine whether an additional waiver is justified. If the judge determines that the additional waiver is justified, he shall forward the request to the chief judge of the circuit court or district court for approval. If the Executive Secretary of the Supreme Court of Virginia certifies that funds appropriated to pay for such waivers become insufficient, no further waivers shall be approved. The bill also provides that, in the event the defendant is convicted and a waiver of the compensation cap has been requested, the court shall only assess against the defendant an amount equal to the pre-waiver cap as a part of the costs of prosecution. The bill also requires the Executive Secretary of the Supreme Court to report quarterly to the Governor and the members of the House Appropriations and Senate Finance Committees the number of cases in which court-appointed counsel is assigned, the category of offenses charged in such cases, and the amounts paid in excess of the compensation cap. This bill is identical to SB 1168.
FULL TEXT
- 01/09/07 House: Prefiled and ordered printed; offered 01/10/07 070054129 pdf | impact statement
- 02/03/07 House: Committee substitute printed 078672476-H1 pdf
- 02/19/07 Senate: Committee substitute printed 077865476-S1 pdf
- 03/08/07 House: Bill text as passed House and Senate (HB2361ER) pdf | impact statement
- 04/04/07 House: Reenrolled bill text (HB2361ER2) pdf
- 04/12/07 Governor: Acts of Assembly Chapter text (CHAP0938) pdf
AMENDMENTS
HISTORY
- 01/09/07 House: Prefiled and ordered printed; offered 01/10/07 070054129
- 01/09/07 House: Referred to Committee for Courts of Justice
- 01/16/07 House: Assigned Courts sub: Criminal Law
- 01/22/07 House: Reported from Courts of Justice (17-Y 2-N)
- 01/26/07 House: Read first time
- 01/29/07 House: Motion to refer to committee agreed to
- 01/29/07 House: Referred to Committee on Appropriations
- 02/02/07 House: Reported from Appropriations with substitute (23-Y 0-N)
- 02/03/07 House: Committee substitute printed 078672476-H1
- 02/03/07 House: Read first time
- 02/05/07 House: Read second time
- 02/05/07 House: Committee substitute agreed to 078672476-H1
- 02/05/07 House: Engrossed by House - committee substitute HB2361H1
- 02/06/07 House: Read third time and passed House (96-Y 1-N 1-A)
- 02/06/07 House: VOTE: PASSAGE (96-Y 1-N 1-A)
- 02/06/07 House: Communicated to Senate
- 02/07/07 Senate: Constitutional reading dispensed
- 02/07/07 Senate: Referred to Committee for Courts of Justice
- 02/19/07 Senate: Committee substitute printed 077865476-S1
- 02/19/07 Senate: Reported from Courts of Justice with substitute (15-Y 0-N)
- 02/20/07 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/20/07 Senate: VOTE: (40-Y 0-N)
- 02/20/07 Senate: Passed by for the day
- 02/20/07 Senate: Motion to reconsider Passed by for the day agreed to (40-Y 0-N)
- 02/20/07 Senate: VOTE: (40-Y 0-N)
- 02/20/07 Senate: Passed by for the day
- 02/21/07 Senate: Read third time
- 02/21/07 Senate: Reading of substitute waived
- 02/21/07 Senate: Committee substitute agreed to 077865476-S1
- 02/21/07 Senate: Engrossed by Senate - committee substitute HB2361S1
- 02/21/07 Senate: Passed Senate with substitute (39-Y 0-N)
- 02/21/07 Senate: VOTE: (39-Y 0-N)
- 02/21/07 Senate: Reconsideration of Senate passage agreed to by Senate (40-Y 0-N)
- 02/21/07 Senate: VOTE: (40-Y 0-N)
- 02/21/07 Senate: Passed Senate with substitute (40-Y 0-N)
- 02/21/07 Senate: VOTE: (40-Y 0-N)
- 02/22/07 House: Placed on Calendar
- 02/22/07 House: Senate substitute agreed to by House (92-Y 0-N)
- 02/22/07 House: VOTE: ADOPTION (92-Y 0-N)
- 03/08/07 House: Enrolled
- 03/08/07 House: Bill text as passed House and Senate (HB2361ER)
- 03/08/07 House: Signed by Speaker
- 03/11/07 Senate: Signed by President
- 03/26/07 House: Governor's recommendation received by House
- 04/03/07 House: Placed on Calendar
- 04/04/07 House: House rejected Governor's recommendation #'s 1-6 (6-Y 91-N 1-A)
- 04/04/07 House: VOTE: ADOPTION (6-Y 91-N 1-A)
- 04/04/07 House: House concurred in Governor's recommendation #'s 7-13 (97-Y 0-N 2-A)
- 04/04/07 House: VOTE: ADOPTION (97-Y 0-N 2-A)
- 04/04/07 Senate: Senate concurred in Governor's recommendation #'s 7-13 (39-Y 0-N)
- 04/04/07 Governor: Governor's recommendation adopted in-part
- 04/04/07 House: Reenrolled
- 04/04/07 House: Reenrolled bill text (HB2361ER2)
- 04/04/07 House: Signed by Speaker as reenrolled
- 04/04/07 Senate: Signed by President as reenrolled
- 04/04/07 House: Communicated to Governor
- 04/10/07 Governor: Approved by Governor-Chapter 938 (effective 7/1/07)
- 04/12/07 Governor: Acts of Assembly Chapter text (CHAP0938)