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]

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.

Tracking Information

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Title

Criminal proceedings; consideration of mental condition & intellectual & developmental disabilities.

Sponsors


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]

History

DateChamberAction
2021-02-08HouseContinued to Special Session 1 in Courts of Justice by voice vote
2021-02-07HouseReferred to Committee for Courts of Justice
2021-02-07HouseRead first time
2021-02-07HousePlaced on Calendar
2021-02-05SenateRead third time and passed Senate (25-Y 13-N)
2021-02-05SenatePassed by temporarily
2021-02-04SenateEngrossed by Senate - committee substitute SB1315S1
2021-02-04SenateCommittee substitute agreed to 21103834D-S1
2021-02-04SenateReading of substitute waived
2021-02-04SenateRead second time
2021-02-03SenateConstitutional reading dispensed (39-Y 0-N)
2021-02-03SenateReported from Finance and Appropriations (15-Y 1-N)
2021-01-27SenateRereferred to Finance and Appropriations
2021-01-27SenateCommittee substitute printed 21103834D-S1
2021-01-27SenateIncorporates SB1383 (Favola)
2021-01-27SenateReported from Judiciary with substitute (8-Y 3-N)
2021-01-12SenateReferred to Committee on the Judiciary
2021-01-12SenatePrefiled 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

Code Citations

ChapterArticleSectionCitation TypeStatute Text
192120(n/a)See Bill Text
192163.03(n/a)See Bill Text
192271.6(n/a)See Bill Text
192299(n/a)See Bill Text

Virginia State Sources


Bill Comments

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