VA HB824 | 2020 | Regular Session

Status

Completed Legislative Action
Spectrum: Partisan Bill (Democrat 1-0)
Status: Passed on April 10 2020 - 100% progression
Action: 2020-04-10 - Governor: Acts of Assembly Chapter text (CHAP1124)
Text: Latest bill text (Chaptered) [HTML]

Summary

Ex parte requests for expert assistance in criminal cases. Provides that in any case in which a defendant is charged with a felony offense or a Class 1 misdemeanor and determined to be indigent by the court, the defendant or his attorney, upon notice to the Commonwealth, may move the court to designate another judge in the same circuit to hear an ex parte request for appointment of a qualified expert to assist in the defense. For a motion for expert assistance, the bill requires a defendant or his attorney to state under oath or in a sworn declaration that a need for confidentiality exists. Upon receiving the defendant's or his attorney's declaration of need for confidentiality, the court is required to conduct an ex parte hearing as soon as practicable on the request for authorization to obtain expert assistance. After a hearing upon the motion, the court is required to authorize the defendant or his attorney to obtain expert assistance upon a showing that the requested assistance would materially assist the defendant and that the denial of such services would result in a fundamentally unfair trial. Ex parte requests for expert assistance in criminal cases. Provides that in any case in which a defendant is charged with a felony offense or a Class 1 misdemeanor and determined to be indigent by the court, the defendant or his attorney, upon notice to the Commonwealth, may move the court to designate another judge in the same circuit to hear an ex parte request for appointment of a qualified expert to assist in the defense. For a motion for expert assistance, the bill requires a defendant or his attorney to state under oath or in a sworn declaration that a need for confidentiality exists. Upon receiving the defendant's or his attorney's declaration of need for confidentiality, the court is required to conduct an ex parte hearing as soon as practicable on the request for authorization to obtain expert assistance. After a hearing upon the motion, the court is required to authorize the defendant or his attorney to obtain expert assistance upon a showing that the requested assistance would materially assist the defendant and that the denial of such services would result in a fundamentally unfair trial.

Tracking Information

Register now for our free OneVote public service or GAITS Professional trial account and you can begin tracking this and other legislation, all driven by the real-time data of the LegiScan API. Providing tools allowing you to research pending legislation, stay informed with email alerts, content feeds, and share dynamic reports. Use our new PolitiCorps to join with friends and collegaues to monitor & discuss bills through the process.

Monitor Legislation or view this same bill number from multiple sessions or take advantage of our national legislative search.

Title

Criminal cases; ex parte requests for expert assistance.

Sponsors


Roll Calls

2020-03-08 - Senate - Senate: Conference report agreed to by Senate (34-Y 5-N) (Y: 33 N: 5 NV: 1 Abs: 0) [PASS]
2020-03-07 - Senate - Senate: Reconsideration of conference report agreed to by Senate (40-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 0) [PASS]
2020-03-07 - Senate - Senate: Conference report agreed to by Senate (37-Y 3-N) (Y: 36 N: 3 NV: 0 Abs: 0) [PASS]
2020-03-05 - House - House: VOTE: Adoption (87-Y 12-N) (Y: 87 N: 11 NV: 1 Abs: 0) [PASS]
2020-02-28 - Senate - Senate: Senate insisted on substitute (38-Y 0-N) (Y: 37 N: 0 NV: 2 Abs: 0) [PASS]
2020-02-26 - House - House: VOTE: Adoption (0-Y 97-N) (Y: 0 N: 96 NV: 3 Abs: 0) [FAIL]
2020-02-24 - Senate - Senate: Passed Senate with substitute (35-Y 5-N) (Y: 34 N: 5 NV: 0 Abs: 0) [PASS]
2020-02-21 - Senate - Senate: Constitutional reading dispensed (32-Y 0-N) (Y: 31 N: 0 NV: 8 Abs: 0) [PASS]
2020-02-19 - Senate - Senate: Reported from Judiciary with substitute (12-Y 2-N) (Y: 12 N: 2 NV: 0 Abs: 0) [PASS]
2020-02-11 - House - House: VOTE: Passage (93-Y 6-N) (Y: 93 N: 5 NV: 1 Abs: 0) [PASS]
2020-02-07 - House - House: Reported from Courts of Justice with substitute (15-Y 2-N) (Y: 15 N: 1 NV: 5 Abs: 0) [PASS]
2020-02-06 - House - House: Subcommittee recommends reporting with substitute (6-Y 1-N) (Y: 6 N: 0 NV: 1 Abs: 0) [PASS]

History

DateChamberAction
2020-04-10 Governor: Acts of Assembly Chapter text (CHAP1124)
2020-04-10 Governor: Approved by Governor-Chapter 1124 (effective 7/1/20)
2020-03-20 Governor: Governor's Action Deadline 11:59 p.m., April 11, 2020
2020-03-20HouseEnrolled Bill communicated to Governor on March 20, 2020
2020-03-19HouseSigned by Speaker
2020-03-18SenateSigned by President
2020-03-18HouseBill text as passed House and Senate (HB824ER)
2020-03-18HouseEnrolled
2020-03-08SenateConference report agreed to by Senate (34-Y 5-N)
2020-03-07SenateReconsideration of conference report agreed to by Senate (40-Y 0-N)
2020-03-07SenateConference report agreed to by Senate (37-Y 3-N)
2020-03-05HouseVOTE: Adoption (87-Y 12-N)
2020-03-05HouseConference report agreed to by House (87-Y 12-N)
2020-03-05 Conference: Amended by conference committee
2020-03-03SenateSenators: Morrissey, Deeds, Stanley
2020-03-03SenateConferees appointed by Senate
2020-03-02HouseDelegates: Hope, Scott, Adams, L.R.
2020-03-02HouseConferees appointed by House
2020-03-02HouseHouse acceded to request
2020-02-28SenateSenate requested conference committee
2020-02-28SenateSenate insisted on substitute (38-Y 0-N)
2020-02-26HouseVOTE: REJECTED (0-Y 97-N)
2020-02-26HouseSenate substitute rejected by House 20108750D-S1 (0-Y 97-N)
2020-02-26HousePlaced on Calendar
2020-02-24SenatePassed Senate with substitute (35-Y 5-N)
2020-02-24SenateEngrossed by Senate - committee substitute HB824S1
2020-02-24SenateCommittee substitute agreed to 20108750D-S1
2020-02-24SenateReading of substitute waived
2020-02-24SenateRead third time
2020-02-21SenateConstitutional reading dispensed (32-Y 0-N)
2020-02-19SenateCommittee substitute printed 20108750D-S1
2020-02-19SenateReported from Judiciary with substitute (12-Y 2-N)
2020-02-12SenateReferred to Committee on the Judiciary
2020-02-12SenateConstitutional reading dispensed
2020-02-11HouseVOTE: Passage (93-Y 6-N)
2020-02-11HouseRead third time and passed House (93-Y 6-N)
2020-02-10HouseEngrossed by House - committee substitute HB824H1
2020-02-10HouseCommittee substitute agreed to 20107597D-H1
2020-02-10HouseRead second time
2020-02-09HouseRead first time
2020-02-07HouseCommittee substitute printed 20107597D-H1
2020-02-07HouseReported from Courts of Justice with substitute (15-Y 2-N)
2020-02-06HouseSubcommittee recommends reporting with substitute (6-Y 1-N)
2020-01-28HouseAssigned Courts sub: Criminal
2020-01-07HouseReferred to Committee for Courts of Justice
2020-01-07HousePrefiled and ordered printed; offered 01/08/20 20105153D

Code Citations

ChapterArticleSectionCitation TypeStatute Text
192264.3:1.3(n/a)See Bill Text
192266.4(n/a)See Bill Text

Virginia State Sources

TypeSource
Summaryhttps://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+HB824&201+sum+HB824
Texthttp://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+HB824+hil
Texthttp://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+HB824H1+hil
Texthttp://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+HB824S1+hil
Texthttp://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+HB824ER+hil
Texthttp://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP1124+hil
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+H0801V0140+HB0824
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+H08V0231+HB0824
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+HV0851+HB0824
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+S03V0378+HB0824
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+SV0846HB0824+HB0824
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+SV0910HB0824+HB0824
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+HV1442+HB0824
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+SV1215HB0824+HB0824
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+HV1975+HB0824
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+SV1714HB0824+HB0824
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+SV1716HB0824+HB0824
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+SV1859HB0824+HB0824

Bill Comments

feedback