CHAPTER 657

An Act to amend the Code of Virginia by adding sections numbered
19.1-241.1 through 19.1-241.6 to provide for the appointment of
defense counsel for persons accused of felonies in certain proceed-
ings and to provide for the compensation of counsel in such cases.

[H 192}
Approved April 1, 1964

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding sections numbered
19.1-241.1 through 19.1-241.6, as follows:

§ 19.1-241.1. Every person charged with the commission of a felony
shall be entitled as hereinafter provided to representation by legal counsel
at every stage of any proceeding against him based upon such charge held
in any court in this State.

§ 19.1-241.2. Before any such proceeding is commenced the judge
of the court before whom the accused is first brought shall inform the
accused of his rights under this section and allow the accused a reason-
able opportunity to employ counsel of his own choice.

§ 19.1-241.3. If the proceeding is before a court not of record, the
judge thereof shall ascertain, before the preliminary hearing, whether
or not the defendant is represented by counsel. If the defendant is not
represented by counsel, the court shall ascertain whether or not the
defendant is indigent within the contemplation of law by oral examination
of the defendant and other competent evidence; and if the court deter-
mines from the oral examination of the defendant and other competent
evidence that such defendant is indigent as contemplated by law, the
court shall provide the defendant with a printed statement which shall
contain the following:

“I have been advised by the (name of court) court of my rights to
representation by counsel in the trial of the charge pending against me;
I certify that I am without means to employ counsel of my own choosing
and I hereby request this court to appoint counsel for me.”
seusecssscnunessecseonucsececeesussecescnsnussescesnesensesunnueseccesueusecescueueseeassuusesessuninecsessseumessensemuncecss (signature of accused.)

The defendant shall execute the said statement under oath, and the
said court shall appoint competent counsel to represent the defendant in
the proceedings against him. The order of appointment of counsel and the
executed statement herein provided for shall be filed with the warrant and
shall become part of the record of such proceedings. The counsel so
appointed shall represent the defendant at the preliminary hearing and at
other stages of the proceedings until relieved or replaced in the manner
provided by law.

§ 19.1-241.4. The court not of record before which a preliminary
hearing is pending shall afford such continuance and take such other
action as is necessary to comply with this action.

§ 19.1-241.5. Counsel appointed to represent the defendant upon a
felony charge shall be compensated for his services in an amount fixed by
each of the courts in which he appears, except that in no event shall the
payment for services rendered in the proceedings before the court not of
record exceed the sum of twenty-five dollars. ,

§ 19.1-241.6. Any defendant who shall falsely swear or who shall
execute the statement provided for in § 19.1-241.3 knowing such statement
to be false, shall be guilty of perjury and upon conviction thereof be
punished by confinement in the penitentiary for not more than ten years,
or by confinement in jail for not more than twelve months and a fine of
not more than one thousand dollars.