VA SB1315 | 2021 | Regular Session
Note: Carry Foward to future SB1315
Status
Spectrum: Partisan Bill (Democrat 7-0)
Status: Engrossed on February 4 2021 - 50% progression, died in chamber
Action: 2021-02-08 - Continued to Special Session 1 in Courts of Justice by voice vote
Text: Latest bill text (Comm Sub) [HTML]
Status: Engrossed on February 4 2021 - 50% progression, died in chamber
Action: 2021-02-08 - Continued to Special Session 1 in Courts of Justice by voice vote
Text: Latest bill text (Comm Sub) [HTML]
Summary
Criminal proceedings; consideration of mental condition and intellectual and developmental disabilities. Permits the admission of evidence offered by the defendant concerning a defendant's mental condition at the time of an alleged offense, including expert testimony, is relevant, is not evidence concerning an ultimate issue of fact, 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. If a defendant intends to introduce such evidence, the bill requires him or his counsel to give notice in writing to the attorney for the Commonwealth. 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 diagnoses of an intellectual or developmental disability. Lastly, the bill 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.
Title
Criminal proceedings; consideration of mental condition & intellectual & developmental disabilities.
Sponsors
Sen. Jennifer McClellan [D] | Sen. Barbara Favola [D] | Sen. Jennifer Boysko [D] | Sen. Ghazala Hashmi [D] |
Sen. Mamie Locke [D] | Sen. Louise Lucas [D] | Sen. Joseph Morrissey [D] |
Roll Calls
2021-02-05 - Senate - Senate: Read third time and passed Senate (25-Y 13-N) (Y: 25 N: 13 NV: 0 Abs: 1) [PASS]
2021-02-03 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 0) [PASS]
2021-02-03 - Senate - Senate: Reported from Finance and Appropriations (15-Y 1-N) (Y: 15 N: 1 NV: 0 Abs: 0) [PASS]
2021-01-27 - Senate - Senate: Reported from Judiciary with substitute (8-Y 3-N) (Y: 8 N: 3 NV: 0 Abs: 0) [PASS]
2021-02-03 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 0) [PASS]
2021-02-03 - Senate - Senate: Reported from Finance and Appropriations (15-Y 1-N) (Y: 15 N: 1 NV: 0 Abs: 0) [PASS]
2021-01-27 - Senate - Senate: Reported from Judiciary with substitute (8-Y 3-N) (Y: 8 N: 3 NV: 0 Abs: 0) [PASS]
History
Date | Chamber | Action |
---|---|---|
2021-02-08 | House | Continued to Special Session 1 in Courts of Justice by voice vote |
2021-02-07 | House | Referred to Committee for Courts of Justice |
2021-02-07 | House | Read first time |
2021-02-07 | House | Placed on Calendar |
2021-02-05 | Senate | Read third time and passed Senate (25-Y 13-N) |
2021-02-05 | Senate | Passed by temporarily |
2021-02-04 | Senate | Engrossed by Senate - committee substitute SB1315S1 |
2021-02-04 | Senate | Committee substitute agreed to 21103834D-S1 |
2021-02-04 | Senate | Reading of substitute waived |
2021-02-04 | Senate | Read second time |
2021-02-03 | Senate | Constitutional reading dispensed (39-Y 0-N) |
2021-02-03 | Senate | Reported from Finance and Appropriations (15-Y 1-N) |
2021-01-27 | Senate | Rereferred to Finance and Appropriations |
2021-01-27 | Senate | Committee substitute printed 21103834D-S1 |
2021-01-27 | Senate | Incorporates SB1383 (Favola) |
2021-01-27 | Senate | Reported from Judiciary with substitute (8-Y 3-N) |
2021-01-12 | Senate | Referred to Committee on the Judiciary |
2021-01-12 | Senate | Prefiled and ordered printed; offered 01/13/21 21102652D |
Same As/Similar To
SB1315 (Carry Over) 2021-02-08 - Continued to Special Session 1 in Courts of Justice by voice vote
SB1383 (Similar To) 2021-01-27 - Incorporated by Judiciary
SB1383 (Similar To) 2021-01-27 - Incorporated by Judiciary
SB1383 (Similar To) 2021-01-27 - Incorporated by Judiciary
SB1383 (Similar To) 2021-01-27 - Incorporated by Judiciary
Code Citations
Chapter | Article | Section | Citation Type | Statute Text |
---|---|---|---|---|
19 | 2 | 120 | (n/a) | See Bill Text |
19 | 2 | 163.03 | (n/a) | See Bill Text |
19 | 2 | 271.6 | (n/a) | See Bill Text |
19 | 2 | 299 | (n/a) | See Bill Text |