CHAPTER 651

An Act to amend and reenact §§ 14-181, as amended, and 17-80.2 of the
Code of Virginia, which relate to compensation of attorneys and other
expenses in trials and appeals in which certain defendants are

involved.
[H 575]
Approved April 1, 1964

Be it enacted by the General Assembly of Virginia:

1. That §§ 14-181, as amended, and 17-30.2 of the Code of Virginia be
amended and reenacted, as follows:

§ 14-181. When a judge of the circuit court of a county or city or a
corporation or hustings court of a city appoints an attorney to defend a
poor person charged with an offense that may be punishable by death, or
by confinement in the penitentiary for a period of more than ten years, he
may direct that not to exceed * two hundred fifty dollars shall be paid out
by the Commonwealth to the attorney so appointed to defend such person
as compensation for such defense, and when such person is charged with
the commission of a felony other than those mentioned the court may in
its discretion direct the payment of a sum not to exceed * one hundred dol-
lars payable as aforesaid. The court shall direct the payment of such
reasonable expenses incurred by such court appointed attorney as tt
deems appropriate under the circumstances of the case. When such direc-
tion is entered upon the order book of the court, the Commonwealth shall
provide for the payment out of its treasury of the sum of money so
specified. If the defendant is convicted, the amount allowed by the court
to the attorney appointed to defend him shall be taxed against the de
fendant as a part of the costs of the prosecution, and if collected, the same
shall be paid to the Commonwealth. An abstract of such costs shall be
docketed in the judgment docket and execution lien book maintained by
such court.

§ 17-30.2. In any felony case wherein the * judge of the court of
record, from the affidavit of the defendant * or any other evidence cer-
tifies that the defendant is financially unable to pay * his attorneys fees,
costs and expenses incident to an appeal, * the Supreme Court of Appeals
shall order the payment of such attorneys fees, costs or necessary expenses
of such attorneys in an amount deemed reasonable by the court, by the
Commonwealth out of the appropriation for criminal charges; provided
that if the conviction is upheld on appeal, * the attorneys fees, costs and
mecessary expenses of such attorney paid by the Commonwealth under the
provisions hereof shall be assessed against the defendant.