HB 869

            
2020 SESSION

20100539D

HOUSE BILL NO. 869 

House Amendments in [ ] � February 7, 2020

A BILL to amend and reenact � 19.2-163.01:1 of the Code of
Virginia, relating to supplementing compensation of public defender.

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Patron Prior to Engrossment--Delegate Bourne

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Referred to Committee for Courts of Justice 

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Be it enacted by the General Assembly of Virginia:

1. That � 19.2-163.01:1 of the Code of Virginia is amended
and reenacted as follows:

� 19.2-163.01:1. Supplementing compensation of public
defender.

A. The governing body of any county or city may supplement the
compensation of the public defender or any of his deputies or employees above
the compensation fixed by the executive director, in such amounts as it may
deem expedient. Such additional compensation shall be wholly payable from the
funds of any such county or city.

B. The governing body of any county or city that elects to
supplement the compensation of the attorney for the Commonwealth, or any of
[ their his ] deputies or employees, above the salary
of any such [ officer attorney for the Commonwealth ] ,
deputy, or employee, pursuant to � 15.2-1605.1, [ on or after July 1,
2020, ] �shall [ proportionally ] �supplement the
compensation of the public defender, or any of his deputies or employees, �[
in the same amount as the supplement to commensurate with
] �the compensation of the attorney for the Commonwealth, or any of his
deputies or employees. Such additional compensation shall be wholly payable
from the funds of any such county or city.

C. Due to the privileged and protected nature of the
attorney-client relationship and the statutory scope of representation provided
in �� 19.2-157 and 19.2-163.3, no county or city providing a supplement to
compensation under this section shall place any condition or requirement upon
the receipt of such funds.

C. D. Funds provided by any county or city under
this section shall be paid directly to the employees with notice to the
Indigent Defense Commission of any amount so provided.