CHAPTER 419

An Act to amend and reenact § 17-30.1, as amended, of the Code of
Virginia, relating to recording evidence and incidents of trial and
costs thereof, and costs of transcripts; and to amend the Code of
Virginia by adding a section numbered 17-30.2, providing for payment
of expenses of appeals of indigent defendants. rH 1013

Approved March 31, 1962

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, and that the Code of Virginia be amended by adding a section
numbered 17-30.2, as follows:

§ 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; *
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, which shall be taxed as a part of the costs of the case.
Provided, however, in any felony case wherein the defendant is repre-
sented by an attorney appointed by the court and has been convicted and
it appears to the court, from the affidavit of the defendant and other
evidence, 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 con-
viction 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.

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

§ 17-80.2. In any felony case wherein the defendant 1s represented
by an attorney appointed by the court and has been convicted, and it
appears to the court, from the affidavit of the defendant and any other
evidence, that the defendant 1s financially unable to pay the costs incident
to an appeal, the court trying the case may in its discretion order the
payment of such costs, including necessary expenses of such attorneys, by
the Commonwealth out of the appropriation for criminal charges; pro-
vided that if the conviction is upheld on appeal, all costs paid by the
Commonwealth under the provisions hereof shall be assessed against the
defendant.