Chap. 281.—An ACT to amend and re-enact Section 1079 of the Code of Virginia
as amended, relating to examinations of alleged feeble-minded persons; to
further amend the Code of Virginia by adding thereto a new section numbered
1079-a, providing for the use of experts skilled in making mental tests as mem-
bers of commissions to determine feeble-mindedness; and to repeal Chapter
275 of the Acts of Assembly of 1918, relating to the same subject. [S B 238]

Approved March 26, 1946

Be it enacted by the General Assembly of Virginia:

1. That section ten hundred seventy-nine of the Code of Virginia,
as amended, be amended and re-enacted, and that the Code of Virginia be
turther amended by adding thereto a new section numbered ten hundred
seventy-nine-a, the amended and new sections being as follows:

Section 1079. Examination of alleged feeble-minded persons.—
Thereupon it shall be the duty of the judge or the justice with whom such
petition is filed to issue a warrant ordering such alleged feeble-minded
person to be brought before him and to summon the custodian if any
of the alleged feeble-minded person, together with the parent, guardian,
or next of kin named in the petition if they are found in his county or
city, and such other persons as are deemed competent to testify to the
condition and circumstances of the alleged feeble-minded person, includ-
ing two physicians or one physician and a certified clinical psychologist,
such as is hereinafter defined, and to enter or issue an order fixing the
time and place for the examination of such feeble-minded person. The
judge or the justice and the two physicians, one of whom shall, when
practicable, be the family physician, and neither in any manner shall be
related to or have an interest in his estate, or the judge or the justice and
one physician and one certified clinical psychologist shall constitute a
commission to determine whether or not such person is feeble-minded as
alleged and whether such person is under such proper supervision, care
or control as to insure the welfare of himself, others or the community.

The depositions of all witnesses, physicians, and others, shall be
taken under oath and transcribed in writing.

The words “certified clinical psychologist’ shall be held to mean
any person, male or female, skilled in making Binet-Simon or other ap-
proved mental tests and certified as a certified clinical psychologist by the
Commissioner of Mental Hygiene and Hospitals. If a certified clinical
psychologist be not a member of such commission the judge or justice
may, if he deems proper, summon a certified clinical psychologist to testi-
fy as an expert witness before such commission.

Any physician serving as a member of such commission shall receive
a fee of five dollars and mileage. A certified clinical psychologist, wheth-
er serving as a member of such commission or summoned and testifying
as an expert witness before such commission, shall receive a fee of five
dollars and mileage.

The justice shall receive a fee of two dollars for his services and
mileage.

Except such expert witness as aforesaid, all witnesses regularly
summoned and attending before such commission shall receive such per
diem and mileage as is allowed by law to witnesses summoned to testify
before grand juries, and all mileage allowances under this section, in-
cluding the mileage of such expert witness, shall be at the same rate.

Section 1079-a. Experts in making mental tests to act as members
of commissions.—The judge or justice before whom any person is
brought on a warrant charging him with being feeble-minded within the
meaning of the law, shall summon, when practicable, an expert skilled in
making the Binet-Simon or other approved mental tests, who is certified
by the Commissioner of Mental Hygiene and Hospitals as a certified
clinical psychologist, to act in place of a physician as a member of any
commission for determining the mental condition of the person so
charged, or to testify before any court or commission in proceedings in-
volving the question of feeble-mindedness within the meaning ot the
law, and for such services the expert shall receive the same compensation
allowed by the preceding section in similar cases.

2. Chapter two hundred seventy-five of the Acts of Assembly of
nineteen hundred eighteen, approved March sixteen, nineteen hundred
eighteen, is repealed.