Virginia House Bill 2047 (Prior Session Legislation)

---

Completed Legislative Action
Spectrum: Partisan Bill (Democrat 20-0)
Status: Passed on April 7 2021 - 100% progression
Action: 2021-04-07 - Governor: Acts of Assembly Chapter text (CHAP0540)
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.

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]

2021-04-07 - Senate - Senate: Senate concurred in Governor's recommendation (24-Y 16-N) (Y: 24 N: 16 NV: 0 Abs: 0) [PASS]
2021-04-07 - House - House: VOTE: Adoption (71-Y 29-N) (Y: 71 N: 29 NV: 0 Abs: 0) [PASS]
2021-02-27 - House - House: VOTE: Agreed To (65-Y 33-N) (Y: 65 N: 33 NV: 0 Abs: 2) [PASS]
2021-02-27 - Senate - Senate: Conference report agreed to by Senate (26-Y 13-N) (Y: 26 N: 13 NV: 0 Abs: 0) [PASS]
2021-02-23 - Senate - Senate: Senate insisted on substitute (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 0) [PASS]
2021-02-22 - House - House: VOTE: REJECTED (0-Y 96-N) (Y: 0 N: 96 NV: 0 Abs: 4) [FAIL]
2021-02-18 - Senate - Senate: Passed Senate with substitute (25-Y 14-N) (Y: 25 N: 14 NV: 0 Abs: 0) [PASS]
2021-02-17 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 0) [PASS]
2021-02-17 - Senate - Senate: Reported from Finance and Appropriations (11-Y 4-N) (Y: 11 N: 4 NV: 0 Abs: 0) [PASS]
2021-02-10 - Senate - Senate: Reported from Judiciary with substitute (9-Y 6-N) (Y: 9 N: 6 NV: 0 Abs: 0) [PASS]
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
2021-04-07		Governor: Acts of Assembly Chapter text (CHAP0540)
2021-04-07	House	Enacted, Chapter 540 (effective 7/1/21)
2021-04-07	Senate	Signed by President as reenrolled
2021-04-07	House	Signed by Speaker as reenrolled
2021-04-07	House	Reenrolled bill text (HB2047ER2)
2021-04-07	House	Reenrolled
2021-04-07		Governor: Governor's recommendation adopted
2021-04-07	Senate	Senate concurred in Governor's recommendation (24-Y 16-N)
2021-04-07	House	VOTE: Adoption (71-Y 29-N)
2021-04-07	House	House concurred in Governor's recommendation (71-Y 29-N)
2021-04-07	House	Placed on Calendar
2021-03-31	House	Governor's substitute printed 21200904D-H3
2021-03-31	House	Governor's recommendation received by House
2021-03-15		Governor: Governor's Action Deadline 11:59 p.m., March 31, 2021
2021-03-15	House	Enrolled Bill communicated to Governor on March 15, 2021
2021-03-11	House	Signed by Speaker
2021-03-09	House	Bill text as passed House and Senate (HB2047ER)
2021-03-09	Senate	Signed by President
2021-03-09	House	Enrolled
2021-02-27	Senate	Conference report agreed to by Senate (26-Y 13-N)
2021-02-27	House	VOTE: Agreed To (65-Y 33-N)
2021-02-27	House	Conference report agreed to by House (65-Y 33-N)
2021-02-27	House	Conference substitute printed 21200769D-H2
2021-02-27		Conference: Amended by conference committee
2021-02-25	Senate	Senators: Deeds, McClellan, Stuart
2021-02-25	Senate	Conferees appointed by Senate
2021-02-24	House	Delegates: Bourne, Watts, Coyner
2021-02-24	House	Conferees appointed by House
2021-02-24	House	House acceded to request
2021-02-23	Senate	Senate requested conference committee
2021-02-23	Senate	Senate insisted on substitute (39-Y 0-N)
2021-02-22	House	VOTE: REJECTED (0-Y 96-N)
2021-02-22	House	Senate substitute rejected by House 21200083D-S1 (0-Y 96-N)
2021-02-22	House	Placed on Calendar
2021-02-18	Senate	Passed Senate with substitute (25-Y 14-N)
2021-02-18	Senate	Engrossed by Senate - committee substitute HB2047S1
2021-02-18	Senate	Committee substitute agreed to 21200083D-S1
2021-02-18	Senate	Reading of substitute waived
2021-02-18	Senate	Read third time
2021-02-17	Senate	Reported from Finance and Appropriations (11-Y 4-N)
2021-02-17	Senate	Constitutional reading dispensed (39-Y 0-N)
2021-02-10	Senate	Rereferred to Finance and Appropriations
2021-02-10	Senate	Reported from Judiciary with substitute (9-Y 6-N)
2021-02-10	Senate	Committee substitute printed 21200083D-S1
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)
SB1315 (Same As) 2021-04-07 - Governor: Acts of Assembly Chapter text (CHAP0523)

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?212+sum+HB2047
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB2047+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB2047H1+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB2047S1+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB2047H2+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB2047ER+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB2047H3+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB2047ER2+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0540+hil
Amendment	https://lis.virginia.gov/cgi-bin/legp604.exe?212+amd+HB2047AC
Amendment	https://lis.virginia.gov/cgi-bin/legp604.exe?212+amd+HB2047AG
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?212+oth+HB2047F122+PDF
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?212+oth+HB2047FH1122+PDF
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?212+oth+HB2047FS1122+PDF
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?212+oth+HB2047FH2122+PDF
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?212+oth+HB2047FER122+PDF
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+H0801C0044+HB2047
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+H08C0134+HB2047
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+HC1357+HB2047
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+HC1419+HB2047
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+S03C0126+HB2047
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+S03V0003+HB2047
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+S05V0041+HB2047
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SV0114HB2047+HB2047
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SV0161HB2047+HB2047
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+HV1837+HB2047
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SV0309HB2047+HB2047
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SV0542HB2047+HB2047
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+HV2009+HB2047
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+HV2077+HB2047
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SV0627HB2047+HB2047