CHAPTER 533

An Act to amend and reenact § 17-80.1, as amended, of the Code of
Virginia, relating to recording evidence and incidents of trial in
certain cases and the cost thereof; and to provide how the cost of
transcripts shall be paid.
Be it enacted by the General Assembly of Virginia:

1. That § 17-30.1, as amended, of the Code of Virginia, be amended and
reenacted as follows:

§ 17-30.1. * In all civil cases involving an amount in excess of three
hundred dollars, the court or judge trying the case may by order entered
of record provide for the recording verbatim of the evidence and incidents
of trial either by a court reporter or by mechanical or electronic devices
approved by the court. The expense of reporting and recording the
trial of a civil case shall be paid by the litigants in the manner and in
the proportion as the court may in its discretion direct. A transcript of
the record, when required by any party, shall be paid for by such party;
provided, that the court on appeal may provide that such cost may, tn
civil cases, be reimbursed to the party prevailing. The failure to secure
the services of a reporter, or the failure to have the case reported or
recorded for any other reason, shall not affect the proceeding or trial.

In all felony cases, the court or judge trying the case shall by order
entered of record provide for the recording verbatim of the evidence and
incidents of trial either by a court reporter or by mechanical or elec-
tronic devices approved by the court, and the expense of reporting or
recording the trial of criminal cases shall be paid by the Commonwealth
out of the appropriation for criminal charges, upon approval of the trial
judge, but the Commonwealth shall be entitled to receive from the
defendant, if convicted, the per diem charges of the reporter or reasonable
charge attributable to the cost of operating such mechanical or electronic
devices, which charges shall be taxed as a part of the costs of the case.
Provided, however, in all felony cases wherein it appears to the court
from the affidavit of the defendant and other evidence that the defendant
intends to seek an appeal and 1s financially unable to pay such costs or to
bear the expense of a copy of the transcript of the evidence for an appeal,
the trial court shall, upon the motion of counsel for the defendant, order
the evidence transcribed for such appeal and all costs therefor paid by
the Commonwealth out of the appropriation for criminal charges. If the
conviction is not reversed, all costs paid by the Commonwealth, under the
provisions hereof, shall be assessed against the defendant.

The administration of this section shall be under the direction of the
Supreme Court of Appeals of Virginia.