Virginia Senate Bill 1315 (Prior Session Legislation)

---

Completed Legislative Action
Spectrum: Partisan Bill (Democrat 7-0)
Status: Passed on April 7 2021 - 100% progression
Action: 2021-04-07 - Governor: Acts of Assembly Chapter text (CHAP0523)
Text: Latest bill text (Chaptered) [HTML]

Criminal proceedings; consideration of mental condition and intellectual and developmental disabilities. Permits the admission of evidence by the defendant concerning a defendant's mental condition at the time of an alleged offense, including expert testimony, if such evidence is relevant and is not evidence concerning an ultimate issue of fact and (i) tends to show the defendant did or did not have the intent required for the offense charged and (ii) is otherwise admissible pursuant to the general rules of evidence. The bill provides that to establish a mental condition for such purposes, the defendant must show that his condition existed at the time of the offense and that such condition satisfies the diagnostic criteria for (a) a mental illness, as defined in the bill; (b) an intellectual or developmental disability, as defined in the bill; or (c) an autism spectrum disorder, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. If a defendant intends to present such evidence, the bill requires him or his counsel to give notice in writing to the attorney for the Commonwealth within specified time periods. The bill also clarifies that a court, in addition to a magistrate, may enter an emergency custody order in such cases if the criteria required under current law for emergency custody orders are met. Criminal proceedings; consideration of mental condition and intellectual and developmental disabilities. Permits the admission of evidence by the defendant concerning a defendant's mental condition at the time of an alleged offense, including expert testimony, if such evidence is relevant and is not evidence concerning an ultimate issue of fact and (i) tends to show the defendant did or did not have the intent required for the offense charged and (ii) is otherwise admissible pursuant to the general rules of evidence. The bill provides that to establish a mental condition for such purposes, the defendant must show that his condition existed at the time of the offense and that such condition satisfies the diagnostic criteria for (a) a mental illness, as defined in the bill; (b) an intellectual or developmental disability, as defined in the bill; or (c) an autism spectrum disorder, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. If a defendant intends to present such evidence, the bill requires him or his counsel to give notice in writing to the attorney for the Commonwealth within specified time periods. The bill also clarifies that a court, in addition to a magistrate, may enter an emergency custody order in such cases if the criteria required under current law for emergency custody orders are met. The bill clarifies that a diagnosis of an intellectual or developmental disability shall be considered by a judicial officer for the purpose of rebuttal of a presumption against bail and that a court may order that a sentencing report prepared by a probation officer contain any diagnosis of an intellectual or developmental disability. The bill also adds to the requirements to be met for qualification as a court-appointed attorney two hours of continuing legal education, which shall cover the representation of individuals with behavioral or mental health disorders and individuals with intellectual or developmental disabilities. Finally, the bill requires the Office of the Executive Secretary of the Supreme Court to collect data regarding the cases that use the evidence made permissible in the bill and the Joint Subcommittee to Study Mental Health Services in the Commonwealth in the 21st Century to study and make recommendations about the standard of danger to self or others that may be appropriately applied for such persons found not guilty under the provisions of the bill in the issuance of emergency custody orders, involuntary temporary detention orders, or the ordering of other mandatory mental health treatments.

Criminal proceedings; consideration of mental condition and intellectual, etc.

Sen. Jennifer McClellan [D]	Sen. Barbara Favola [D]	Sen. Jennifer Boysko [D]	Sen. Ghazala Hashmi [D]
Sen. Mamie Locke [D]	Sen. Louise Lucas [D]	Sen. Joseph Morrissey [D]

2021-04-07 - House - House: VOTE: Agree To (65-Y 35-N) (Y: 65 N: 35 NV: 0 Abs: 0) [PASS]
2021-04-07 - Senate - Senate: Senate concurred in Governor's recommendation (25-Y 15-N) (Y: 25 N: 15 NV: 0 Abs: 0) [PASS]
2021-02-27 - House - House: VOTE: Agreed To (64-Y 35-N) (Y: 64 N: 35 NV: 0 Abs: 1) [PASS]
2021-02-27 - Senate - Senate: Conference report agreed to by Senate (27-Y 12-N) (Y: 27 N: 12 NV: 0 Abs: 0) [PASS]
2021-02-25 - Senate - Senate: Senate acceded to request (37-Y 0-N) (Y: 37 N: 0 NV: 0 Abs: 2) [PASS]
2021-02-25 - Senate - Senate: House substitute rejected by Senate (0-Y 39-N) (Y: 0 N: 39 NV: 0 Abs: 0) [FAIL]
2021-02-25 - Senate - Senate: Reconsideration of House substitute agreed to by Senate (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 0) [PASS]
2021-02-25 - Senate - Senate: House substitute rejected by Senate (2-Y 37-N) (Y: 2 N: 37 NV: 0 Abs: 0) [FAIL]
2021-02-24 - House - House: VOTE: Passage (95-Y 3-N) (Y: 95 N: 3 NV: 0 Abs: 2) [PASS]
2021-02-20 - House - House: Reported from Courts of Justice with substitute (22-Y 0-N) (Y: 22 N: 0 NV: 0 Abs: 0) [PASS]
2021-02-19 - House - House: Subcommittee recommends reporting with substitute (4-Y 4-N) (Y: 4 N: 4 NV: 0 Abs: 0) [FAIL]
2021-02-19 - House - House: Subcommittee recommends reporting with substitute (4-Y 4-N) (Y: 4 N: 4 NV: 0 Abs: 0) [FAIL]
2021-02-05 - Senate - Senate: Read third time and passed Senate (25-Y 13-N) (Y: 25 N: 13 NV: 0 Abs: 1) [PASS]
2021-02-03 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 0) [PASS]
2021-02-03 - Senate - Senate: Reported from Finance and Appropriations (15-Y 1-N) (Y: 15 N: 1 NV: 0 Abs: 0) [PASS]
2021-01-27 - Senate - Senate: Reported from Judiciary with substitute (8-Y 3-N) (Y: 8 N: 3 NV: 0 Abs: 0) [PASS]

Date	Chamber	Action
2021-04-07		Governor: Acts of Assembly Chapter text (CHAP0523)
2021-04-07	House	Enacted, Chapter 523 (effective 7/1/21)
2021-04-07	Senate	Signed by President as reenrolled
2021-04-07	Senate	Signed by President as reenrolled
2021-04-07	Senate	Reenrolled bill text (SB1315ER2)
2021-04-07	Senate	Reenrolled
2021-04-07		Governor: Governor's recommendation adopted
2021-04-07	House	VOTE: Agree To (65-Y 35-N)
2021-04-07	House	House concurred in Governor's recommendation (65-Y 35-N)
2021-04-07	Senate	Senate concurred in Governor's recommendation (25-Y 15-N)
2021-03-31	Senate	Governor's substitute printed 21200908D-S3
2021-03-31	Senate	Governor's recommendation received by Senate
2021-03-15		Governor: Governor's Action Deadline 11:59 p.m., March 31, 2021
2021-03-15	Senate	Enrolled Bill Communicated to Governor on March 15, 2021
2021-03-11	House	Signed by Speaker
2021-03-09	Senate	Bill text as passed Senate and House (SB1315ER)
2021-03-09	Senate	Signed by President
2021-03-09	Senate	Enrolled
2021-02-27	Senate	Conference report agreed to by Senate (27-Y 12-N)
2021-02-27	House	VOTE: Agreed To (64-Y 35-N)
2021-02-27	House	Conference report agreed to by House (64-Y 35-N)
2021-02-27	Senate	Conference substitute printed 21200765D-S2
2021-02-27		Conference: Amended by conference committee
2021-02-25	House	Delegates: Mullin, Watts, Coyner
2021-02-25	House	Conferees appointed by House
2021-02-25	Senate	Senators: McClellan, Deeds, Stuart
2021-02-25	Senate	Conferees appointed by Senate
2021-02-25	Senate	Senate acceded to request (37-Y 0-N)
2021-02-25	House	House requested conference committee
2021-02-25	House	House insisted on substitute
2021-02-25	Senate	House substitute rejected by Senate (0-Y 39-N)
2021-02-25	Senate	Reconsideration of House substitute agreed to by Senate (39-Y 0-N)
2021-02-25	Senate	House substitute rejected by Senate (2-Y 37-N)
2021-02-24	House	VOTE: Passage (95-Y 3-N)
2021-02-24	House	Passed House with substitute (95-Y 3-N)
2021-02-24	House	Engrossed by House - committee substitute SB1315H1
2021-02-24	House	Committee substitute agreed to 21200174D-H1
2021-02-24	House	Read third time
2021-02-23	House	Read second time
2021-02-20	House	Committee substitute printed 21200174D-H1
2021-02-20	House	Reported from Courts of Justice with substitute (22-Y 0-N)
2021-02-19	House	Subcommittee recommends reporting with substitute (4-Y 4-N)
2021-02-19	House	Subcommittee recommends reporting with substitute (4-Y 4-N)
2021-02-18	House	Assigned Courts sub: Criminal
2021-02-10	House	In Committee for Courts of Justice
2021-02-08	House	Continued to Special Session 1 in Courts of Justice by voice vote
2021-02-07	House	Referred to Committee for Courts of Justice
2021-02-07	House	Read first time
2021-02-07	House	Placed on Calendar
2021-02-05	Senate	Read third time and passed Senate (25-Y 13-N)
2021-02-05	Senate	Passed by temporarily
2021-02-04	Senate	Engrossed by Senate - committee substitute SB1315S1
2021-02-04	Senate	Committee substitute agreed to 21103834D-S1
2021-02-04	Senate	Reading of substitute waived
2021-02-04	Senate	Read second time
2021-02-03	Senate	Constitutional reading dispensed (39-Y 0-N)
2021-02-03	Senate	Reported from Finance and Appropriations (15-Y 1-N)
2021-01-27	Senate	Rereferred to Finance and Appropriations
2021-01-27	Senate	Committee substitute printed 21103834D-S1
2021-01-27	Senate	Incorporates SB1383 (Favola)
2021-01-27	Senate	Reported from Judiciary with substitute (8-Y 3-N)
2021-01-12	Senate	Referred to Committee on the Judiciary
2021-01-12	Senate	Prefiled and ordered printed; offered 01/13/21 21102652D

SB1383 (Similar To)
SB1383 (Similar To)
SB1315 (Carry Over) 2021-02-08 - Continued to Special Session 1 in Courts of Justice by voice vote
HB2047 (Same As) 2021-04-07 - Governor: Acts of Assembly Chapter text (CHAP0540)

Chapter	Article	Section	Citation Type	Statute Text
19	2	120	(n/a)	See Bill Text
19	2	163.03	(n/a)	See Bill Text
19	2	271.6	(n/a)	See Bill Text
19	2	299	(n/a)	See Bill Text

Type	Source
Summary	https://lis.virginia.gov/cgi-bin/legp604.exe?212+sum+SB1315
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+SB1315+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+SB1315S1+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+SB1315H1+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+SB1315S2+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+SB1315ER+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+SB1315S3+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+SB1315ER2+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0523+hil
Amendment	https://committees.lis.virginia.gov/pdfs/drafts/21200174D.pdf
Amendment	https://committees.lis.virginia.gov/pdfs/drafts/21200461D.pdf
Amendment	https://lis.virginia.gov/cgi-bin/legp604.exe?212+amd+SB1315AC
Amendment	https://lis.virginia.gov/cgi-bin/legp604.exe?212+amd+SB1315AG
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?212+oth+SB1315F122+PDF
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?212+oth+SB1315FS1122+PDF
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?212+oth+SB1315FH1122+PDF
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?212+oth+SB1315FS2122+PDF
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?212+oth+SB1315FER122+PDF
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+S03C0089+SB1315
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+S05C0145+SB1315
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SC0293SB1315+SB1315
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SC0379SB1315+SB1315
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+H0801V0018+SB1315
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+H0801V0021+SB1315
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+H08V0043+SB1315
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+HV1919+SB1315
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SV0434SB1315+SB1315
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SV0436SB1315+SB1315
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SV0437SB1315+SB1315
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SV0494SB1315+SB1315
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SV0555SB1315+SB1315
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+HV2015+SB1315
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SV0594SB1315+SB1315
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+HV2092+SB1315