CHAPTER 358

An Act to amend and reenact § 17-80.1, as amended, of the Code of
Virginia, relating to recording and transcripts of proceedings in cer-
tain cases and the costs thereof. g

[S 43]

Approved April 2, 1968

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 as follows:

§ 17-30.1. Recording evidence and incidents of trial in certain cases
and cost thereof; cost of transcripts.—(a) 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 either by a court reporter or by
mechanical or electronic devices approved by the court. 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.

In all felony cases, the court or judge trying the case shall by order
entered of record provide for the recording verbatim of the evidence and
incidents of trial either by a court reporter or by mechanical or electronic
devices approved by the court, 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 or reasonable charge
attributable to the cost of operating such mechanical or electronic devices,
which charges shall be taxed as a part of the costs of the case. Provided,
however, in all felony cases where it appears to the court from the af-
fidavit of the defendant and other evidence that the defendant intends
to seek an appeal and is financially unable to pay such costs or to bear
the expense of a copy of the transcript of the 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 therefor paid by the
Commonwealth out of the appropriation for criminal charges. If the
conviction is not reversed, all costs paid by the Commonwealth, under
the provisions hereof, shall be assessed against the defendant.

The administration of this subsection shall be under the direction of
the Supreme Court of Appeals of Virginia.

(b) In any felony case wherein a sentence of imprisonment for
five years or longer is imposed and ordered to be served, the court shall
order three copies of a transcript of the record to be prepared and to
be held available by the court for use by the court, the defendant 80
sentenced or the Commonwealth. The costs of such transertpt shall be
paid by the Commonwealth out of the appropriation for criminal charges.