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2023 SESSION

23106971D
HOUSE BILL NO. 2037
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on the Judiciary
on February 20, 2023)
(Patron Prior to Substitute--Delegate Sewell)
A BILL to amend and reenact § 19.2-163.01:1 of the Code of Virginia, relating to supplementing compensation of public defender.

Be it enacted by the General Assembly of Virginia:

1. That § 19.2-163.01:1 of the Code of Virginia is amended and reenacted as follows:

§ 19.2-163.01:1. Supplementing compensation of public defender.

A. The governing body of any county or city may supplement the compensation of the public defender or any of his deputies or employees above the compensation fixed by the executive director, in such amounts as it may deem expedient. Such additional compensation shall be wholly payable from the funds of any such county or city.

B. Due to the privileged and protected nature of the attorney-client relationship and the statutory scope of representation provided in §§ 19.2-157 and 19.2-163.3, no county or city providing a supplement to compensation under this section shall place any condition or requirement upon the receipt of such funds.

C. Funds provided by any county or city under this section shall may be paid directly to the Indigent Defense Commission or to the employees with notice to the Indigent Defense Commission of any amount so provided. The Commission shall provide the supplementing funds directly to employees in combination with the compensation fixed by the executive director.