SB 392 — Clerk of the court; copies of appointment order to counsel.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2022 SESSION CHAPTER E543 An Act to amend and reenact §§ 16.1-274 and 19.2-266.4 of the Code of Virginia, relating to copies of orders to counsel.

R O [S 392] Approved LApril L11, 2022 Be it enacted by the General Assembly of Virginia:

That §§ 16.1-274 and 19.2-266.4 of the Code of Virginia is amended and reenacted as follows:Efollows: § 16.1-274.

§ 16.1-274.

feesDfees. § 16.1-273 or 9.1-153, or an evaluation pursuant to § 16.1-278.5, the probation officer, court-appointed special advocate, or other agency conducting such investigation shall file such report with the clerk of the court directing the investigation.

TheA. clerk shall furnish a copy of such report to all attorneys representing parties in the matter before the court no later than 72 hours, and in cases of child custody, 15 days, prior to the time set by the court for hearing the matter.

IfWhenever suchany probationcourt officerdirects oran otherinvestigation agencypursuant discoversto additionalsubdivision informationA of § 16.1-237 or a§ change16.1-273 inor circumstance9.1-153, afteror thean filingevaluation ofpursuant theto report,§ an16.1-278.5, amendedthe reportprobation shallofficer, becourt-appointed filedspecial forthwithadvocate, andor aother copyagency sentconducting tosuch eachinvestigation personshall whofile receivedsuch areport copywith the clerk of tBethe originalcourt report.directing the investigation.

WheneverThe suchclerk ashall reportfurnish isa notcopy filedof orsuch an amended report isto filed,all theattorneys courtdays, s9allprior grant report shall return such to the clerktime uponset by the conclusioncourt offor the hearing andthe shallmatter. not make copEes ofed such report or amended report or any portion thereof.

If such probation officer or otherody, agency discovers additional information or a change in circumstance after the filing of the report, an amended report shall be filed forthwith and a copy sent to each person who received a copy of the original report.

Whenever such a report is not filed or an amended report is filed, the court shall grant such continuance of the proceedings as justice requires.

All attorneys receiving such report or amended report shall return such to the clerk upon the conclusion of the hearing and shall not make copies of such report or amended report or any portion thereof.

Notwithstanding the provisions of §§ 16.1-69.48:2 and 17.1-275, when the court directs the appropriate local department of social services to conduct supervised visitation or directs the appropriate local department of social services or court services unit to conduct an investigation pursuant to § 16.1-273 or to provide mediation services in matters involving a child's custody, visitation, or support, the court shall assess a fee against the petitioner, the respondent, or both, in accordance with fee schedules established by the appropriate local board of social services when the service is provided by a local department of social services or by a court services unit.

The method and medium for payment for such services shall be determined by the unitlocal thatdepartment providedof thesocial services.ces,services, Department of Juvenile Justice, or the locally operated court services C.unit that provided the services.

C.

adD. litem shall conduct an investigation in accordance with the Standards to Govern the Performance ofan Guardians Ad Litem for Children established by the Judicial Council of Virginia.

In any matter in which the court appoints a guardian ad litem to represent a child, such guardian ad litem shall conduct an investigation in accordance with the Standards to Govern the Performance of Guardians Ad Litem for Children established by the Judicial Council of Virginia.

The guardian ad litem shall document the hours spent satisfying such face-to-face in-courtcontact service.ntsrequirements in such certification, which shall be compensated at the same rate as that for §in-court 19.2-266.4.service.

§ 19.2-266.4.

of 2 A.

In any case in which a defendant is (i) charged with a felony offense or a Class 1 misdemeanor and (ii) determined to be indigent by the court pursuant to § 19.2-159, the defendant or his attorney of 2 may, upon notice to the Commonwealth, move the circuit court to designate another judge in the same circuit to hear an ex parte request for appointment of a qualified expert to assist in the preparation of the defendant's defense.