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2022 SESSION
22100566DBe 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, 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 Virginia
Commonwealth University School of Medicine, 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 Virginia Commonwealth University School of Medicine,
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 aggravated murder cases pursuant
to § 18.2-31, the fee shall not exceed $750 $1,200, 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.