Be it enacted by the General Assembly of Virginia:
1. That §19.2-175 of the Code of Virginia is amended and reenacted as follows:
§19.2-175. Compensation of experts.
Each psychiatrist, clinical psychologist, or other
expert appointed by the court to render professional service pursuant to §
19.2-168.1, 19.2-169.1, 19.2-169.5, 19.2-182.8, 19.2-182.9, or 19.2-301,
who is not regularly employed by the Commonwealth of Virginia, except by
the University of Virginia School of Medicine and the Virginia Commonwealth
University School of Medicine, shall receive a reasonable fee for such service.
For any psychiatrist, clinical psychologist, or other expert appointed by the
court to render such professional services who is regularly employed by the
Commonwealth of Virginia, except by the University of Virginia School of
Medicine or the Virginia Commonwealth University School of Medicine, the fee
shall be paid only for professional services provided during nonstate hours
that have been approved by his employing agency as being beyond the scope of
his state employment duties. The fee shall be determined in each instance by
the court that appointed the expert, in accordance with guidelines established
by the Supreme Court after consultation with the Department of Behavioral
Health and Developmental Services. Except in aggravated murder cases pursuant
to §18.2-31, the fee shall not exceed $750 $1,200, but in
addition, if any such expert is required to appear as a witness in any
hearing held pursuant to such sections, he shall receive mileage and a fee of
$100 for each day during which he is required so to serve. An itemized account
of expense, duly sworn to, must be presented to the court, and when
allowed shall be certified to the Supreme Court for payment out of the state
treasury, and be charged against the appropriations made to pay criminal
charges. Allowance for the fee and for the per diem authorized shall also be
made by order of the court, duly certified to the Supreme Court for payment out
of the appropriation to pay criminal charges.