CHAPTER 460

An Act to amend and reenact §§ 19.1-241.1, 19.1-241.2 and 19.1-241.8 of
the Code of Virginia, and to repeal § 19.1-241, relating to court ap-
pointed attorneys to represent persons charged with the commission
of certain crimes, and the time at which such persons shall be first
brought before certain courts.

(S 71]

Approved April 4, 1966

Be it enacted by the General Assembly of Virginia:

1. That §§ 19.1-241.1, 19.1-241.2 and 19.1-241.3 of the Code of Virginia
be amended and reenacted, as follows:

§ 19.1-241.1. *In any case in which a person is charged with *a
felony and appears for any hearing before any court without being repre-
sented by counsel, such court shall, before proceeding with the hearing,
appoint an attorney at law to represent him and provide such person legal
representation throughout every stage of proceeding against him.*

The order of appointment of counsel shull be filed with and become
a part of the record of such proceeding. The attorney, so appointed shall
represent the defendant at * any preliminary hearing and at all other
stages of the proceeding until relieved or replaced in the manner provided

y law.

§ 19.1-241.2. Every person charged with the commission of a felony
not free on bail or otherwise shall be brought before the judge of a court
not of record on the first day on which such court sits after the person is
charged. At this time, the judge * shall inform the accused of his right
* to counsel and the amount of his bail. The accused shall be allowed a reas-
onable opportunity to employ counsel of his own choice or 7f appropriate, the
a of indigence provided for in § 19.1-241.8 of the Code shall be
executed.
§ 19.1-241.3. * At the first appearance of any person charged with a
felony before a court, the judge thereof shall ascertain, before * such hear-
ang whether or not the defendant is represented by counsel. If the defendant
is not represented by counsel, the court shall ascertain by oral examination
of the defendant and other competent evidence whether or not the defendant
is indigent within the contemplation of law; and if the court thereby de-
termines * that such defendant is indigent as contemplated by law, the
court shall provide the defendant with a * statement which shall contain
the following:

“I have been advised this day of , 19 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 * the court to appoint
CouNSe! FOL ME.” .............cccccccesseccnsscccsvcccccsccccesscessecoeeses (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
proceeding against him. The executed statement herein provided for shall
be filed with and become a part of the record of such proceeding.

2. § 19.1-241 of the Code of Virginia is repealed.