VA SB1137 | 2019 | Regular Session


Spectrum: Partisan Bill (Democrat 1-0)
Status: Engrossed on January 16 2019 - 50% progression, died in committee
Action: 2019-02-19 - Left in Courts of Justice
Pending: House Courts of Justice Committee
Text: Latest bill text (Comm Sub) [HTML]


Death penalty; severe mental illness. Provides that a defendant in a capital case who had a severe mental illness, as defined in the bill, at the time of the offense is not eligible for the death penalty. The bill establishes procedures for determining whether a defendant had a severe mental illness at the time of the offense and provides for the appointment of expert evaluators. The bill provides that when the defendant's severe mental illness is at issue, a determination will be made by the jury or by the judge in a bench trial as part of the sentencing proceeding, and the defendant bears the burden of proving his severe mental illness by a preponderance of the evidence. The bill also provides that in the event the defendant fails to provide notice that he will offer testimony by an expert witness at such sentencing proceeding, the court may either allow the Commonwealth a continuance or, where the defendant is unable to show good cause for untimely notice, bar the defendant from presenting such evidence.

Tracking Information

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Death penalty; severe mental illness.


Roll Calls

2019-02-15 - House - House: Subcommittee recommends passing by indefinitely (4-Y 1-N) (Y: 4 N: 1 NV: 3 Abs: 0) [FAIL]
2019-01-17 - Senate - Senate: Read third time and passed Senate (23-Y 17-N) (Y: 23 N: 17 NV: 0 Abs: 0) [PASS]
2019-01-15 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2019-01-14 - Senate - Senate: Reported from Courts of Justice with substitute (8-Y 6-N) (Y: 8 N: 6 NV: 0 Abs: 0) [PASS]


2019-02-19HouseLeft in Courts of Justice
2019-02-15HouseSubcommittee recommends passing by indefinitely (4-Y 1-N)
2019-02-12HouseAssigned Courts sub: Subcommittee #1
2019-01-21HouseReferred to Committee for Courts of Justice
2019-01-21HouseRead first time
2019-01-21HousePlaced on Calendar
2019-01-17SenateRead third time and passed Senate (23-Y 17-N)
2019-01-16SenateEngrossed by Senate - committee substitute SB1137S1
2019-01-16SenateCommittee substitute agreed to 19104819D-S1
2019-01-16SenateReading of substitute waived
2019-01-16SenateRead second time
2019-01-15SenateConstitutional reading dispensed (40-Y 0-N)
2019-01-14SenateCommittee substitute printed 19104819D-S1
2019-01-14SenateReported from Courts of Justice with substitute (8-Y 6-N)
2018-12-30SenateReferred to Committee for Courts of Justice
2018-12-30SenatePrefiled and ordered printed; offered 01/09/19 19102746D

Code Citations

ChapterArticleSectionCitation TypeStatute Text
192264.3:1.3(n/a)See Bill Text
192264.3:1.4(n/a)See Bill Text
192264.3:1.5(n/a)See Bill Text
192264.3:3(n/a)See Bill Text
192264.4(n/a)See Bill Text

Virginia State Sources

Bill Comments