                                 CODE OF VIRGINIA

INTERROGATION BY COURT; FILING; CHANGE IN CIRCUMSTANCES; INVESTIGATION BY
ATTORNEY FOR COMMONWEALTH (§ 19.2-159.1)

A. The court shall thoroughly interrogate any person making the statement of
indigency required in &#xA7; 19.2-159 and shall further advise such person of
the penalty which might result from false swearing, as provided in &#xA7;
19.2-161.

B. The statement and oath of the defendant shall be filed with the papers in the
case, and shall follow and be in effect at all stages of the proceedings against
him without further oath. In the event the defendant undergoes a change of
circumstances so that he is no longer indigent, the defendant shall thereupon
obtain private counsel and shall forthwith advise the court of the change of
circumstances. The court shall grant reasonable continuance to allow counsel to
be obtained and to prepare for trial. When private counsel has been retained,
appointed counsel shall forthwith be relieved of further responsibility and
compensated for his services, pro rata, pursuant to &#xA7; 19.2-163.

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

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