Incompetent defendants; dismissal of charges when charged with nonviolent misdemeanor. (HB1186)
Introduced By
Del. Ken Melvin (D-Portsmouth) with support from 6 copatrons, whose average partisan position is:
Those copatrons are Del. Bob Brink (D-Arlington), Del. Phil Hamilton (R-Newport News), Del. Harvey Morgan (R-Gloucester), Del. John O'Bannon (R-Richmond), Sen. Harry Blevins (R-Chesapeake), 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 |
|---|---|
| 01/09/2008 | Committee |
| 01/09/2008 | Prefiled and ordered printed; offered 01/09/08 087939840 |
| 01/09/2008 | Referred to Committee for Courts of Justice |
| 01/16/2008 | Assigned Courts sub: Criminal |
| 02/08/2008 | Reported from Courts of Justice with substitute (17-Y 5-N) (see vote tally) |
| 02/09/2008 | Committee substitute printed 080878636-H1 |
| 02/09/2008 | Read first time |
| 02/11/2008 | Read second time |
| 02/11/2008 | Committee substitute agreed to 080878636-H1 |
| 02/11/2008 | Engrossed by House - committee substitute HB1186H1 |
| 02/12/2008 | Read third time and passed House (87-Y 12-N) |
| 02/12/2008 | VOTE: --- PASSAGE (87-Y 12-N) (see vote tally) |
| 02/12/2008 | Communicated to Senate |
| 02/13/2008 | Constitutional reading dispensed |
| 02/13/2008 | Referred to Committee for Courts of Justice |
| 02/14/2008 | Assigned Courts sub: Special on Proposed Mental Health Legislation |
| 02/28/2008 | Reported from Courts of Justice with amendment (15-Y 0-N) |
| 03/03/2008 | Constitutional reading dispensed (40-Y 0-N) |
| 03/04/2008 | Read third time |
| 03/04/2008 | Reading of amendment waived |
| 03/04/2008 | Committee amendment agreed to |
| 03/04/2008 | Engrossed by Senate as amended |
| 03/04/2008 | Passed Senate with amendment (40-Y 0-N) |
| 03/05/2008 | Placed on Calendar |
| 03/05/2008 | Senate amendment agreed to by House (80-Y 18-N) |
| 03/05/2008 | VOTE: --- ADOPTION (80-Y 18-N) |
| 03/07/2008 | Enrolled |
| 03/07/2008 | Bill text as passed House and Senate (HB1186ER) |
| 03/07/2008 | Signed by Speaker |
| 03/09/2008 | Signed by President |
| 04/02/2008 | G Approved by Governor-Chapter 796 (effective 7/1/08) |
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.