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2013 SESSION
13100181DBe 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, 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 Behavioral
Health and Developmental Services. Except in In capital murder cases, the fee shall be an
amount deemed reasonable by the court. In
all other cases, the fee shall not exceed
$750, but in
provided that, notwithstanding the foregoing limitation, the court in its
discretion, and in accordance
with guidelines established by the Supreme Court, may waive the limitation
of fees up
to an additional $750. 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. A waiver
of the fee limitation may
be requested by counsel for the defendant which shall be submitted to the court, in
writing, with a detailed accounting of the time spent and the justification for
the additional amount. The court
shall determine, in accordance with guidelines issued by the Supreme Court,
whether the request for an additional amount is justified in whole or in part,
by considering the time and effort
expended by the
expert, the novelty and difficulty of the case
in which the professional service was rendered, and
other circumstances warranting such a waiver.
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.