Subcommittee reinstates cap on expert-witness payments for competency evaluations, allows judge waiver

The Senate Resources Subcommittee on Thursday voted to report a committee substitute for House Bill 1411 that reinstates a cap on payments for expert witnesses in mental‑health competency evaluations under Va. Code §19.2‑175, with a judicial waiver allowing payments up to $5,000.

Counsel to the committee summarized the amendment, saying the substitute “would reinstate the cap … it applies to the cap in 19.2175, which is for mental health competency evaluations. It has a waiver, that a judge may give for up to $5,000,” a change from the House version that had a $3,000 waiver. The provision, counsel said, "only applies to criminal fund payments," meaning the cap affects experts paid from the criminal fund for indigent defendants.

Supporters argued the cap restores budget certainty for the criminal fund. Opponents and several members pressed whether the change would disadvantage indigent defendants, limit victims’ access to experts, or require new appropriations for prosecutors. One senator raised concerns that if a defense expert is capped, “Commonwealth’s attorneys indicated that if this expert was hired by the defense, then they would have to hire [an] expert, and that's gonna have to come from somewhere,” urging that prosecutors may need additional budget authority.

Another member countered that prosecutors have the authority to hire experts but acknowledged the committee should examine whether additional appropriations are needed to ensure parity in capability between defense and government‑funded experts.

After discussion the subcommittee moved and seconded the committee substitute; the motion to report the bill with the amendment passed and the measure will be forwarded to the full Senate for further consideration.

The action taken was procedural—reporting the bill with a committee substitute—so any budgetary or statutory changes would be subject to later floor debate and amendment.