CHAPTER 699

An Act to amend and reenact § 17-80.1 of the Code of Virginia, relating
to recording evidence in felony cases, so as to allow certain defendants
to have transcript of evidence with costs to be paid by the Common-

wealth.
{H 761)
Approved March 31, 1956

Be it enacted by the General Assembly of Virginia:

+ That § 17-30.1 of the Code of Virginia be amended and reenacted as
ollows:

§ 17-30.1. In felony cases, subject to the limitations hereinafter set
out, and 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, and shall prescribe the compensation to be paid the reporter;
1052 ACTS OF ASSEMBLY [va., 1956

such compensation shall not, however, exceed the sum of twenty dollars
per day; 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 entitied to receive from the defendant, if convicted, the per diem
charges of the reporter, which shall be taxed as a part of the costs of the
case. Provided, however, in any felony case wherein the defendant 1s rep-
resented by an attorney appointed by the court and has been convicted
and it appears to the court that the defendant is financially unable to
pay such costs or to bear the expense of a copy of the transcript of
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 thereof paid by the Commonwealth out of the appropriation for
criminal charges. If the conviction is upheld on appeal, all costs paid by
the Commonwealth, under the provisions hereof, shall be assessed against
the defendant. 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, in 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.

This section shall become effective January 1, 1953, and the admin-
istration hereof shall be under the directions of the Supreme Court of
Appeals of Virginia, and the amount which may be expended hereunder
for reporting or recording criminal cases shall not exceed during the
biennium ending June 30, 1954, the sum of twenty-five thousand dollars.