Virginia 2023 Regular Session Status: Enacted

HB 2016 — Appointment of counsel; Class 1 felony cases, compensation.

Last action — Acts of Assembly Chapter text (CHAP0228)

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

This bill has been enacted into law. Introduced January 10, 2023. Enacted.

Signed by Governor Glenn Youngkin (Republican) on March 22, 2023.

Prognosis

Advancing 38% · 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.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Failed a recorded vote

    Failed 9 recorded votes so far — a real headwind.

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.

Bill Text

What changed in the latest version

123 added · 128 removed

Plain-language change summary

The updated version of Bill HB 2016 clarifies the process for appointing legal counsel for indigent defendants charged with Class 1 felonies in Virginia. Now, if a public defender office exists, the court is required to appoint that office unless there is a conflict. Additionally, if a public defender withdraws due to a conflict, the court will appoint an experienced additional attorney to ensure continued legal representation. This change is important as it aims to improve legal support for those who cannot afford an attorney, ensuring that defendants receive fair representation in serious criminal cases.

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SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E An Act to amend and reenact § 19.2-163 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 19.2-160.1, relating to appointment of counsel;
VIRGINIA ACTS OF ASSEMBLY -- 2023 SESSION CHAPTER 228 An Act to amend and reenact § 19.2-163 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 19.2-160.1, relating to appointment of counsel;
R O [H 2016] Approved L L Be it enacted by the General Assembly of Virginia:
[H 2016] Approved March 22, 2023 Be it enacted by the General Assembly of Virginia:
That § 19.2-163 of the Code of Virginia is amended and reenacted and that the Code of VirginEa is amended by adding a section numbered 19.2-160.1 as follows:
That § 19.2-163 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 19.2-160.1 as follows:
D A.
§ 19.2-160.1.
Appointment of counsel in Class 1 felony cases.
A.
Upon motion of the attorney from a public defender office, the judge of the circuit court shall appoint a competent, qualified, and experienced attorney from the list maintained by the Indigent Defense Commission pursuant to § 19.2-163.01 to serve as co-counsel.
competent, qualified, and experienced attorney from the list maintained by the Indigent Defense appoint a Commission pursuant to § 19.2-163.01 to serve as co-counsel.
If the public defender notifies the court of a conflict and withdraws from representation, aHd the court had appointed one additional counsel to assist the public defender's office, then upon th2 and experienced attorney from the list maintained by the Indigent Defense Commission pursuant tolified, § 19.2-163.01 to serve as co-counsel for the defendant.
If the public defender notifies the court of a conflict and withdraws from representation, and the court had appointed one additional counsel to assist the public defender's office, then upon the withdrawal of the public defender's office the court shall appoint one additional competent, qualified, and experienced attorney from the list maintained by the Indigent Defense Commission pursuant to § 19.2-163.01 to serve as co-counsel for the defendant.
E B.
B.
Upon submission to the court, for which appointed representation is provided, of a detailed proceedings in that court, counsel appointed to represent an indigent accused in a criminal case shall be compensated for his services on an hourly basis at a rate set by the Supreme Court of Virginia in a total amount not to exceed the amounts specified in the following schedule:
Upon submission to the court, for which appointed representation is provided, of a detailed accounting of the time expended for that representation, made within 30 days of the completion of all proceedings in that court, counsel appointed to represent an indigent accused in a criminal case shall be compensated for his services on an hourly basis at a rate set by the Supreme Court of Virginia in a total amount not to exceed the amounts specified in the following schedule:
or (ii) an amount up to $650 to be punishable by confinement in the state correctional facility for a period of more than 20 years, or a charge of violation of probation for such offense, when the effort expended, the time reasonably necessary for the particular representation, the novelty and difficulty of the issues, or other circumstances warrant such a waiver;
or (ii) an amount up to $650 to defend, in the case of a juvenile, an offense that would be a felony if committed by an adult that may be punishable by confinement in the state correctional facility for a period of more than 20 years, or a charge of violation of probation for such offense, when the effort expended, the time reasonably necessary for the particular representation, the novelty and difficulty of the issues, or other circumstances warrant such a waiver;
thereafter, compensation for additional charges against the same accused also conducted by the same counsel shall be allowed on the basis of additional time expended as to such additional cha2.
thereafter, compensation for additional charges against the same accused also conducted by the same counsel shall be allowed on the basis of additional time expended as to such additional charges;
2.
(iii) to defend any other felony charge, or a notwithstanding the foregoing limitation, the court in its discretion, and subject to guidelines issued by the Executive Secretary of the Supreme Court of Virginia, may waive the limitation of fees up to an of 3 additional $155 when the effort expended, the time reasonably necessary for the particular representation, the novelty and difficulty of the issues, or other circumstances warrant such a waiver;
(iii) to defend any other felony charge, or a charge of violation of probation for such offense, a sum not to exceed $445, provided that, notwithstanding the foregoing limitation, the court in its discretion, and subject to guidelines issued by the Executive Secretary of the Supreme Court of Virginia, may waive the limitation of fees up to an additional $155 when the effort expended, the time reasonably necessary for the particular representation, the novelty and difficulty of the issues, or other circumstances warrant such a waiver;
and (iv) in the circuit court only, to defend any misdemeanor charge punishable by confinement in jail or a charge of violation of probation for such offense, a sum not to exceed $158.
of 3 and (iv) in the circuit court only, to defend any misdemeanor charge punishable by confinement in jail or a charge of violation of probation for such offense, a sum not to exceed $158.
of 3 Effective July 1, 2007, the Executive Secretary of the Supreme Court of Virginia shall track and which court-appointed counsel is assigned.
Effective July 1, 2007, the Executive Secretary of the Supreme Court of Virginia shall track and report the number and category of offenses charged involving adult and juvenile offenders in cases in which court-appointed counsel is assigned.
The Executive Secretary shall also track and report the in amounts paid by waiver above the initial cap to court-appointed counsel.
The Executive Secretary shall also track and report the amounts paid by waiver above the initial cap to court-appointed counsel.
The Executive Secretary shall members of the Senate Committee on Finance and Appropriations on a quarterly basis.ionsR and O L L E D H 6 R
The Executive Secretary shall provide these reports to the Governor, members of the House Committee on Appropriations, and of 3 members of the Senate Committee on Finance and Appropriations on a quarterly basis.
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Action History

  1. Acts of Assembly Chapter text (CHAP0228)

  2. Approved by Governor-Chapter 228 (effective 7/1/23)

  3. Governor's Action Deadline 11:59 p.m., March 27, 2023

  4. Enrolled Bill communicated to Governor on March 2, 2023

  5. Signed by President

  6. Impact statement from DPB (HB2016ER)

  7. Signed by Speaker

  8. Bill text as passed House and Senate (HB2016ER)

  9. Enrolled

  10. Passed Senate (39-Y 0-N)

  11. Read third time

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

  13. Reported from Finance and Appropriations (16-Y 0-N)

  14. Rereferred to Finance and Appropriations

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

  16. Referred to Committee on the Judiciary

  17. Constitutional reading dispensed

  18. Impact statement from DPB (HB2016H1)

  19. VOTE: Block Vote Passage (99-Y 0-N)

  20. Read third time and passed House BLOCK VOTE (99-Y 0-N)

  21. Engrossed by House - committee substitute HB2016H1

  22. Committee substitute agreed to 23104727D-H1

  23. Read second time

  24. Read first time

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

  26. Subcommittee recommends reporting (8-Y 0-N)

  27. Assigned App. sub: General Government and Capital Outlay

  28. Referred to Committee on Appropriations

  29. Reported from Courts of Justice with substitute (19-Y 0-N)

  30. Committee substitute printed 23104727D-H1

  31. Subcommittee recommends reporting with substitute (8-Y 0-N)

  32. House subcommittee amendments and substitutes offered

  33. Assigned Courts sub: Subcommittee #1

  34. Referred to Committee for Courts of Justice

  35. Prefiled and ordered printed; offered 01/11/23 23100655D

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 147 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

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"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.

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Subjects

public-safety labor
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Frequently asked questions

Who sponsors HB 2016?
HB 2016 is sponsored by Kimberly Pope Adams.
What is the current status of HB 2016?
This bill has been enacted into law. Introduced January 10, 2023. Enacted.
Where can I track HB 2016?
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