Virginia 2022 Regular Session Status: Enacted

SB 191 — Criminal cases; increases compensation for experts.

Last action — Approved by Governor-Chapter 304 (effective 7/1/22)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 10, 2022. Enacted.

Signed by Governor Glenn Youngkin (Republican) on April 11, 2022.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Compensation of experts in criminal cases.Increases from $750 to $1,200 the maximum fee that the court maypay for professional services rendered by each psychiatrist, clinical psychologist, or other expert appointed by the court to render professionalservice in a criminal case other than for aggravated murder cases.

Bill Text

What changed in the latest version

27 added · 27 removed

Plain-language change summary

The recent amendment to Bill SB 191 increases the maximum fee for experts—specifically psychiatrists and clinical psychologists—who are appointed by the court in criminal cases from $750 to $1,200. Additionally, it clarifies that state-employed experts can only be compensated for work outside their standard hours if it has been approved by their agency. This change matters because it ensures that expert witnesses in criminal cases are fairly compensated for their time and expertise, which can improve the quality of expert testimony and contribute to a fairer judicial process.

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SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E An Act to amend and reenact § 19.2-175 of the Code of Virginia, relating to compensation of experts in criminal cases.
VIRGINIA ACTS OF ASSEMBLY -- 2022 SESSION CHAPTER 304 An Act to amend and reenact § 19.2-175 of the Code of Virginia, relating to compensation of experts in criminal cases.
R O [S 191] Approved L L 1.
[S 191] Approved April 11, 2022 Be it enacted by the General Assembly of Virginia:
1.
E § 19.2-175.
§ 19.2-175.
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 for such service.
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 render such professional services who is regularly employed by the Commonwealth of Virginia, exceptrt to 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.
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 tBat have 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 BehavioraE Health and Developmental Services.
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 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.
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.
View plain text versions (3)

Action History

  1. Approved by Governor-Chapter 304 (effective 7/1/22)

  2. Governor's Action Deadline 11:59 p.m., April 11, 2022

  3. Enrolled Bill Communicated to Governor on March 22, 2022

  4. Signed by Speaker

  5. Signed by President

  6. Impact statement from DPB (SB191ER)

  7. Enrolled

  8. VOTE: Block Vote Passage (100-Y 0-N)

  9. Passed House BLOCK VOTE (100-Y 0-N)

  10. Read third time

  11. Read second time

  12. Reported from Appropriations (22-Y 0-N)

  13. Referred to Committee on Appropriations

  14. Reported from Courts of Justice (20-Y 0-N)

  15. Subcommittee recommends referring to Committee on Appropriations

  16. Subcommittee recommends reporting (7-Y 0-N)

  17. Assigned Courts sub: Subcommittee #1

  18. Referred to Committee for Courts of Justice

  19. Read first time

  20. Placed on Calendar

  21. Read third time and passed Senate (40-Y 0-N)

  22. Read second time and engrossed

  23. Constitutional reading dispensed (40-Y 0-N)

  24. Reported from Finance and Appropriations (15-Y 0-N)

  25. Rereferred to Finance and Appropriations

  26. Reported from Judiciary (15-Y 0-N)

  27. Impact statement from DPB (SB191)

  28. Referred to Committee on the Judiciary

  29. Prefiled and ordered printed; offered 01/12/22 22100566D

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 146 not signed on

Co-sponsors (1)

Not signed on (146)

146 members have not signed on to this bill.

Show all 146 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 99 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 99000
Total 99000
% of votes cast 100%0%0%0%
How each member voted (99)
Member Party Vote
Greenhalgh, Karen S. — Yea
March, Marie E. — Yea
Adams, Dawn M. — Yea
Adams, Les R. — Yea
Alfonso H. Lopez — Yea
Angelia Williams Graves — Yea
Anne Ferrell Tata — Yea
Avoli, G. "John" — Yea
Batten, Amanda E. — Yea
Bell, Robert B. — Yea
Betsy B. Carr — Yea
Bill Wiley — Yea
Bourne, Jeffrey M. — Yea
Briana D. Sewell — Yea
Bulova, David L. — Yea
Byron, Kathy J. — Yea
C.E. Cliff Hayes, Jr. — Yea
Campbell, Jeffrey L. — Yea
Campbell, Ronnie R. — Yea
Charniele L. Herring — Yea
Chris S. Runion — Yea
Christopher T. Head — Yea
Convirs-Fowler, Kelly K. — Yea
Cordoza, A.C. — Yea
Coyner, Carrie E. — Yea
Dan I. Helmer — Yea
Danica A. Roem — Yea
David A. Reid — Yea
Davis, Glenn R. — Yea
Delores L. McQuinn — Yea
Don Scott — Yea
Edmunds, James E., II — Yea
Elizabeth B. Bennett-Parker — Yea
Emily M. Jordan — Yea
Fariss, C. Matthew — Yea
Filler-Corn, Eileen — Yea
Fowler, Hyland F."Buddy," Jr. — Yea
Freitas, Nicholas J. — Yea
Gooditis, Wendy W. — Yea
Guzman, Elizabeth R. — Yea
H. Otto Wachsmann, Jr. — Yea
Hudson, Sally L. — Yea
Irene Shin — Yea
Israel D. O'Quinn — Yea
Jackie H. Glass — Yea
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Jason S. Ballard — Yea
Jeion A. Ward — Yea
Jenkins, Clinton L. — Yea
Jessica L. Anderson — Yea
Joseph P. McNamara — Yea
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
Keam, Mark L. — Yea
Knight, Barry D. — Yea
Kory, Kaye — Yea
LaRock, Dave A. — Yea
Lamont Bagby — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Maldonado, Michelle Lopes — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Yea
McGuire, John J., III — Yea
Michael J. Webert — Yea
Mike A. Cherry — Yea
Mullin, Michael P. — Yea
Mundon King, Candi — Yea
Murphy, Kathleen — Yea
Nadarius E. Clark — Yea
Orrock, Robert D., Sr. — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Phillip A. Scott — Yea
Plum, Kenneth R. — Yea
R. Lee Ware — Yea
Ransone, Margaret B. — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Robinson, Roxann L. — Yea
Rodney T. Willett — Yea
Sam Rasoul — Yea
Schuyler T. VanValkenburg — Yea
Scott A. Wyatt — Yea
Shelly A. Simonds — Yea
Sickles, Mark D. — Yea
Subramanyam, Suhas — Yea
Tara A. Durant — Yea
Taylor, Kim A. — Yea
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas C. Wright, Jr. — Yea
Tony O. Wilt — Yea
Vivian E. Watts — Yea
Wampler, William C., III — Yea
Wendell S. Walker — Yea
Wren M. Williams — Yea

Official roll call →

Passed 22 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 22000
Total 22000
% of votes cast 100%0%0%0%
How each member voted (22)

Official roll call →

Passed 20 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 20000
Total 20000
% of votes cast 100%0%0%0%
How each member voted (20)

Official roll call →

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
Kiggans, Jennifer A. — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
T. Travis Hackworth — Yea
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
Kiggans, Jennifer A. — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
T. Travis Hackworth — Yea
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
McClellan, Jennifer L. — Yea
Barker, George L. — Yea
David W. Marsden — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Howell, Janet D. — Yea
L. Louise Lucas — Yea
Mamie E. Locke — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Ruff, Frank M., Jr. — Yea
Saslaw, Richard L. — Yea
Vogel, Jill Holtzman — Yea

Official roll call →

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Edwards, John S. — Yea
Jennifer B. Boysko — Yea
L. Louise Lucas — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 191 do?
Compensation of experts in criminal cases.Increases from $750 to $1,200 the maximum fee that the court maypay for professional services rendered by each psychiatrist, clinical psychologist, or other expert appointed by the court to render professionalservice in a criminal case other than for aggravated murder cases.
Who sponsors SB 191?
SB 191 is sponsored by R. Creigh Deeds and Mason, T. Montgomery "Monty".
What is the current status of SB 191?
This bill has been enacted into law. Introduced January 10, 2022. Enacted.
Where can I track SB 191?
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