Incompetent defendants; dismissal of charges when charged with nonviolent misdemeanor. (SB380)
Introduced By
Sen. Steve Martin (R-Chesterfield) with support from co-patrons Del. Bob Brink (D-Arlington), Del. Phil Hamilton (R-Newport News), Del. Harvey Morgan (R-Gloucester), Del. John O'Bannon (R-Richmond), and Sen. Toddy Puller (D-Mount Vernon)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
✓ |
Signed by Governor |
☐ |
Became Law |
Description
Incompetent defendants; misdemeanors; dismissal of charges. Provides that if a defendant has been charged with a nonviolent misdemeanor only, and is being treated in an effort to restore his capacity, then after 45 days if his capacity has not been restored then the court shall dismiss the charges against him and decide whether he should be released, committed, or certified. Read the Bill »
Outcome
Bill Has Passed
History
Date | Action |
---|---|
01/08/2008 | Prefiled and ordered printed; offered 01/09/08 087940840 |
01/08/2008 | Referred to Committee for Courts of Justice |
01/10/2008 | Assigned Courts sub: Criminal |
01/21/2008 | Assigned Courts sub: Special on Proposed Mental Health Legislation |
01/28/2008 | Committee substitute printed 081543268-S1 |
01/28/2008 | Reported from Courts of Justice with substitute (14-Y 0-N) (see vote tally) |
01/29/2008 | Constitutional reading dispensed (39-Y 0-N) (see vote tally) |
01/30/2008 | Read second time |
01/30/2008 | Reading of substitute waived |
01/30/2008 | Committee substitute agreed to 081543268-S1 |
01/30/2008 | Engrossed by Senate - committee substitute SB380S1 |
01/31/2008 | Read third time and passed Senate (40-Y 0-N) (see vote tally) |
01/31/2008 | Communicated to House |
02/11/2008 | Placed on Calendar |
02/11/2008 | Read first time |
02/11/2008 | Referred to Committee for Courts of Justice |
02/14/2008 | Assigned Courts sub: Criminal |
02/15/2008 | Reported from Courts of Justice with substitute (14-Y 5-N) (see vote tally) |
02/18/2008 | Committee substitute printed 080355268-H1 |
02/19/2008 | Read second time |
02/20/2008 | Passed by for the day |
02/21/2008 | Read third time |
02/21/2008 | Committee substitute agreed to 080355268-H1 |
02/21/2008 | Engrossed by House - committee substitute SB380H1 |
02/21/2008 | Passed House with substitute (82-Y 16-N) |
02/21/2008 | VOTE: --- PASSAGE (82-Y 16-N) |
02/25/2008 | House substitute agreed to by Senate (40-Y 0-N) |
02/27/2008 | Enrolled |
02/27/2008 | Bill text as passed Senate and House (SB380ER) |
02/27/2008 | Signed by Speaker |
02/28/2008 | Signed by President |
03/05/2008 | G Approved by Governor-Chapter 406 (effective 7/1/08) |
03/14/2008 | G Acts of Assembly Chapter text (CHAP0406) |
Comments
This is a good attempt to bring an end to the disgraceful practice of jailing the mentally ill on trumped up charges rather than providing them with needed mental health treatment. Thank you, Delegate Melvin. However, it does not address the months-long delays in getting treatment, even from the jail. It should be amended so that the time of incarceration is included, or so that state hospitals are required to find a medical setting immediately, not whenever they get around to it and a bed is available.