19.2-159.1 - Interrogation by court; filing; change in circumstances; investigation by attorney for Commonwealth. - Virginia Statutes

§ 19.2-159.1. Interrogation by court; filing; change in circumstances;investigation by attorney for Commonwealth.

A. The court shall thoroughly interrogate any person making the statement ofindigency required in § 19.2-159 and shall further advise such person of thepenalty which might result from false swearing, as provided in § 19.2-161.

B. The statement and oath of the defendant shall be filed with the papers inthe case, and shall follow and be in effect at all stages of the proceedingsagainst him without further oath. In the event the defendant undergoes achange of circumstances so that he is no longer indigent, the defendant shallthereupon obtain private counsel and shall forthwith advise the court of thechange of circumstances. The court shall grant reasonable continuance toallow counsel to be obtained and to prepare for trial. When private counselhas been retained, appointed counsel shall forthwith be relieved of furtherresponsibility and compensated for his services, pro rata, pursuant to §19.2-163.

C. Upon the request of the court, it shall be the duty of the attorney forthe Commonwealth of the county or city in which such statement and oath wasmade to make an investigation as to the indigency of the defendant, or of anyother person making such statement. The attorney for the Commonwealth isauthorized to delegate the responsibility for such investigation to anysubordinate in his office, or to any agency, state or local, which possessesthe facilities to quickly make such investigation. Such investigation shallbe reduced to writing and forwarded to the court in which the statement andoath was made within fourteen days after such request by the court is made.Such report shall be placed with the papers in the case.

(Code 1950, § 19.1-241.3:1; 1975, c. 580; 1977, c. 6; 1981, c. 289; 1984, c.709.)