Virginia House Bill 2047 (Prior Session Legislation)

---

Spectrum: Partisan Bill (Democrat 20-0)
Status: Engrossed on February 2 2021 - 50% progression, died in chamber
Action: 2021-02-05 - Continued to 2021 Sp. Sess. 1 in Judiciary (14-Y 0-N)
Text: Latest bill text (Comm Sub) [HTML]

Criminal proceedings; consideration of mental condition and intellectual and developmental disabilities. Permits the admission of evidence concerning a defendant's mental condition at the time of an alleged offense, including expert testimony, if such evidence (i) tends to show the defendant did or did not have the specific mental state 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) 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 or (b) an intellectual or developmental disability. 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 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. Criminal proceedings; consideration of mental condition and intellectual and developmental disabilities. Permits the admission of evidence concerning a defendant's mental condition at the time of an alleged offense, including expert testimony, if such evidence (i) tends to show the defendant did or did not have the specific mental state 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) 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 or (b) an intellectual or developmental disability. 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 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.

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

Del. Jeffrey Bourne [D]	Del. Dawn Adams [D]	Sen. Lamont Bagby [D]	Del. Betsy Carr [D]
Del. Lee Carter [D]	Del. Dan Helmer [D]	Del. Patrick Hope [D]	Del. Sally Hudson [D]
Del. Mark Keam [D]	Del. Kaye Kory [D]	Del. Mark Levine [D]	Del. Alfonso Lopez [D]
Del. Delores McQuinn [D]	Del. Michael Mullin [D]	Del. Kenneth Plum [D]	Del. Marcia Price [D]
Del. David Reid [D]	Del. Mark Sickles [D]	Del. Marcus Simon [D]	Del. Shelly Simonds [D]

2021-02-05 - Senate - Senate: Continued to 2021 Sp. Sess. 1 in Judiciary (14-Y 0-N) (Y: 14 N: 0 NV: 0 Abs: 0) [PASS]
2021-02-03 - House - House: VOTE: Block Vote Passage #2 (99-Y 0-N) (Y: 99 N: 0 NV: 0 Abs: 1) [PASS]
2021-02-03 - House - House: VOTE: Block Vote Passage (98-Y 0-N 1-A) (Y: 98 N: 0 NV: 0 Abs: 1) [PASS]
2021-01-29 - House - House: Reported from Courts of Justice with substitute (22-Y 0-N) (Y: 22 N: 0 NV: 0 Abs: 0) [PASS]
2021-01-27 - House - House: Subcommittee recommends reporting with substitute (8-Y 0-N) (Y: 8 N: 0 NV: 0 Abs: 0) [PASS]

Date	Chamber	Action
2021-02-05	Senate	Continued to 2021 Sp. Sess. 1 in Judiciary (14-Y 0-N)
2021-02-04	Senate	Referred to Committee on the Judiciary
2021-02-04	Senate	Constitutional reading dispensed
2021-02-03	House	VOTE: Block Vote Passage #2 (99-Y 0-N)
2021-02-03	House	Passed House BLOCK VOTE (99-Y 0-N)
2021-02-03	House	Reconsideration of passage agreed to by House
2021-02-03	House	VOTE: Block Vote Passage (98-Y 0-N 1-A)
2021-02-03	House	Read third time and passed House BLOCK VOTE (98-Y 0-N 1-A)
2021-02-02	House	Engrossed by House - committee substitute HB2047H1
2021-02-02	House	Committee substitute agreed to 21103892D-H1
2021-02-02	House	Read second time
2021-02-01	House	Read first time
2021-01-29	House	Reported from Courts of Justice with substitute (22-Y 0-N)
2021-01-29	House	Committee substitute printed 21103892D-H1
2021-01-27	House	Subcommittee recommends reporting with substitute (8-Y 0-N)
2021-01-14	House	Assigned Courts sub: Criminal
2021-01-12	House	Referred to Committee for Courts of Justice
2021-01-12	House	Prefiled and ordered printed; offered 01/13/21 21101702D

HB2047 (Carry Over) 2021-02-05 - Continued to 2021 Sp. Sess. 1 in Judiciary (14-Y 0-N)

Chapter	Article	Section	Citation Type	Statute Text
19	2	120	(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?211+sum+HB2047
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?211+ful+HB2047+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?211+ful+HB2047H1+hil
Amendment	https://committees.lis.virginia.gov/pdfs/drafts/21103844D.pdf
Amendment	https://committees.lis.virginia.gov/pdfs/21103892.pdf
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?211+oth+HB2047F122+PDF
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?211+oth+HB2047FH1122+PDF
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+H0801V0044+HB2047
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+H08V0134+HB2047
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+HV1357+HB2047
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+HV1419+HB2047
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+S03V0126+HB2047