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2007 SESSION
SB 1168 Court-appointed counsel; compensation for services.
Introduced by: Kenneth W. Stolle | 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 HB 2361.
FULL TEXT
- 01/10/07 Senate: Prefiled and ordered printed; offered 01/10/07 070053129 pdf | impact statement
- 02/06/07 Senate: Printed as engrossed 070053129-E pdf
- 02/19/07 House: Committee substitute printed 073499260-H1 pdf
- 03/08/07 Senate: Bill text as passed Senate and House (SB1168ER) pdf | impact statement
- 04/04/07 Senate: Reenrolled bill text (SB1168ER2) pdf
- 04/12/07 Governor: Acts of Assembly Chapter text (CHAP0946) pdf
AMENDMENTS
HISTORY
- 01/10/07 Senate: Prefiled and ordered printed; offered 01/10/07 070053129
- 01/10/07 Senate: Referred to Committee for Courts of Justice
- 01/17/07 Senate: Reported from Courts of Justice with amendments (15-Y 0-N)
- 01/17/07 Senate: Rereferred to Finance
- 02/01/07 Senate: Reported from Finance (15-Y 0-N)
- 02/05/07 Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/05/07 Senate: VOTE: (39-Y 0-N)
- 02/06/07 Senate: Read second time
- 02/06/07 Senate: Reading of amendments waived
- 02/06/07 Senate: Committee amendments agreed to
- 02/06/07 Senate: Engrossed by Senate as amended SB1168E
- 02/06/07 Senate: Printed as engrossed 070053129-E
- 02/06/07 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/06/07 Senate: VOTE: (40-Y 0-N)
- 02/06/07 Senate: Passed Senate (40-Y 0-N)
- 02/06/07 Senate: VOTE: (40-Y 0-N)
- 02/06/07 Senate: Communicated to House
- 02/07/07 House: Placed on Calendar
- 02/07/07 House: Read first time
- 02/07/07 House: Referred to Committee for Courts of Justice
- 02/09/07 House: Assigned Courts sub: Criminal Law
- 02/16/07 House: Reported from Courts of Justice with substitute (21-Y 0-N)
- 02/16/07 House: Referred to Committee on Appropriations
- 02/19/07 House: Committee substitute printed 073499260-H1
- 02/19/07 House: Reported from Appropriations (24-Y 0-N)
- 02/20/07 House: Read second time
- 02/21/07 House: Read third time
- 02/21/07 House: Committee substitute agreed to 073499260-H1
- 02/21/07 House: Engrossed by House - committee substitute SB1168H1
- 02/21/07 House: Passed House with substitute BLOCK VOTE (97-Y 0-N)
- 02/21/07 House: VOTE: BLOCK VOTE PASSAGE (97-Y 0-N)
- 02/22/07 Senate: House substitute agreed to by Senate (40-Y 0-N)
- 02/22/07 Senate: VOTE: (40-Y 0-N)
- 03/08/07 Senate: Enrolled
- 03/08/07 Senate: Bill text as passed Senate and House (SB1168ER)
- 03/08/07 House: Signed by Speaker
- 03/11/07 Senate: Signed by President
- 03/26/07 Senate: Governor's recommendation received by Senate
- 04/03/07 Senate: Placed on Calendar
- 04/04/07 Senate: Senate rejected Governor's recommendation #'s 1-6 (0-Y 40-N)
- 04/04/07 Senate: Senate concurred in Governor's recommendation #'s 7-13 (40-Y 0-N)
- 04/04/07 House: House concurred in Governor's recommendation #'s 7-13 (96-Y 0-N 2-A)
- 04/04/07 Governor: Governor's recommendation adopted in-part
- 04/04/07 House: VOTE: ADOPTION (96-Y 0-N 2-A)
- 04/04/07 Senate: Reenrolled
- 04/04/07 Senate: Reenrolled bill text (SB1168ER2)
- 04/04/07 Senate: Signed by President as reenrolled
- 04/04/07 House: Signed by Speaker as reenrolled
- 04/04/07 Senate: Communicated to Governor
- 04/10/07 Governor: Approved by Governor-Chapter 946 (effective 7/1/07)
- 04/12/07 Governor: Acts of Assembly Chapter text (CHAP0946)