VA HB2047 | 2021 | 1st Special Session

Note: Carryover of previous HB2047

Status

Completed Legislative Action
Spectrum: Partisan Bill (Democrat 20-0)
Status: Passed on April 7 2021 - 100% progression
Action: 2021-04-07 - Enacted, Chapter 540 (effective 7/1/21)
Text: Latest bill text (Conference Sub) [HTML]

Summary

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.

Tracking Information

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Title

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

Sponsors


Roll Calls

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]

History

DateChamberAction
2021-04-07HouseEnacted, Chapter 540 (effective 7/1/21)
2021-04-07SenateSigned by President as reenrolled
2021-04-07HouseSigned by Speaker as reenrolled
2021-04-07HouseReenrolled bill text (HB2047ER2)
2021-04-07HouseReenrolled
2021-04-07 Governor: Governor's recommendation adopted
2021-04-07SenateSenate concurred in Governor's recommendation (24-Y 16-N)
2021-04-07HouseVOTE: Adoption (71-Y 29-N)
2021-04-07HouseHouse concurred in Governor's recommendation (71-Y 29-N)
2021-04-07HousePlaced on Calendar
2021-03-31HouseGovernor's substitute printed 21200904D-H3
2021-03-31HouseGovernor's recommendation received by House
2021-03-15 Governor: Governor's Action Deadline 11:59 p.m., March 31, 2021
2021-03-15HouseEnrolled Bill communicated to Governor on March 15, 2021
2021-03-11HouseSigned by Speaker
2021-03-09HouseBill text as passed House and Senate (HB2047ER)
2021-03-09SenateSigned by President
2021-03-09HouseEnrolled
2021-02-27SenateConference report agreed to by Senate (26-Y 13-N)
2021-02-27HouseVOTE: Agreed To (65-Y 33-N)
2021-02-27HouseConference report agreed to by House (65-Y 33-N)
2021-02-27HouseConference substitute printed 21200769D-H2
2021-02-27 Conference: Amended by conference committee
2021-02-25SenateSenators: Deeds, McClellan, Stuart
2021-02-25SenateConferees appointed by Senate
2021-02-24HouseDelegates: Bourne, Watts, Coyner
2021-02-24HouseConferees appointed by House
2021-02-24HouseHouse acceded to request
2021-02-23SenateSenate requested conference committee
2021-02-23SenateSenate insisted on substitute (39-Y 0-N)
2021-02-22HouseVOTE: REJECTED (0-Y 96-N)
2021-02-22HouseSenate substitute rejected by House 21200083D-S1 (0-Y 96-N)
2021-02-22HousePlaced on Calendar
2021-02-18SenatePassed Senate with substitute (25-Y 14-N)
2021-02-18SenateEngrossed by Senate - committee substitute HB2047S1
2021-02-18SenateCommittee substitute agreed to 21200083D-S1
2021-02-18SenateReading of substitute waived
2021-02-18SenateRead third time
2021-02-17SenateReported from Finance and Appropriations (11-Y 4-N)
2021-02-17SenateConstitutional reading dispensed (39-Y 0-N)
2021-02-10SenateRereferred to Finance and Appropriations
2021-02-10SenateReported from Judiciary with substitute (9-Y 6-N)
2021-02-10SenateCommittee substitute printed 21200083D-S1
2021-02-05SenateContinued to 2021 Sp. Sess. 1 in Judiciary (14-Y 0-N)
2021-02-04SenateReferred to Committee on the Judiciary
2021-02-04SenateConstitutional reading dispensed
2021-02-03HouseVOTE: Block Vote Passage #2 (99-Y 0-N)
2021-02-03HousePassed House BLOCK VOTE (99-Y 0-N)
2021-02-03HouseReconsideration of passage agreed to by House
2021-02-03HouseVOTE: Block Vote Passage (98-Y 0-N 1-A)
2021-02-03HouseRead third time and passed House BLOCK VOTE (98-Y 0-N 1-A)
2021-02-02HouseEngrossed by House - committee substitute HB2047H1
2021-02-02HouseCommittee substitute agreed to 21103892D-H1
2021-02-02HouseRead second time
2021-02-01HouseRead first time
2021-01-29HouseReported from Courts of Justice with substitute (22-Y 0-N)
2021-01-29HouseCommittee substitute printed 21103892D-H1
2021-01-27HouseSubcommittee recommends reporting with substitute (8-Y 0-N)
2021-01-14HouseAssigned Courts sub: Criminal
2021-01-12HouseReferred to Committee for Courts of Justice
2021-01-12HousePrefiled and ordered printed; offered 01/13/21 21101702D

Same As/Similar To

HB2047 (Carry Over) 2021-02-05 - Continued to 2021 Sp. Sess. 1 in Judiciary (14-Y 0-N)
SB1315 (Same As) 2021-04-07 - Enacted, Chapter 523 (effective 7/1/21)

Subjects


Code Citations

ChapterArticleSectionCitation TypeStatute Text
192120(n/a)See Bill Text
192271.6(n/a)See Bill Text
192299(n/a)See Bill Text

Virginia State Sources

TypeSource
Summaryhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+sum+HB2047
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB2047+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB2047H1+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB2047S1+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB2047H2+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB2047ER+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB2047H3+hil
Amendmenthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+amd+HB2047AC
Amendmenthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+amd+HB2047AG
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+oth+HB2047F122+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+oth+HB2047FH1122+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+oth+HB2047FS1122+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+oth+HB2047FH2122+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+oth+HB2047FER122+PDF
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+H0801C0044+HB2047
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+H08C0134+HB2047
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+HC1357+HB2047
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+HC1419+HB2047
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+S03C0126+HB2047
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+S03V0003+HB2047
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+S05V0041+HB2047
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SV0114HB2047+HB2047
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SV0161HB2047+HB2047
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+HV1837+HB2047
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SV0309HB2047+HB2047
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SV0542HB2047+HB2047
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+HV2009+HB2047
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+HV2077+HB2047
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SV0627HB2047+HB2047

Bill Comments

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