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

DateAction
01/08/2008Prefiled and ordered printed; offered 01/09/08 087940840
01/08/2008Referred to Committee for Courts of Justice
01/10/2008Assigned Courts sub: Criminal
01/21/2008Assigned Courts sub: Special on Proposed Mental Health Legislation
01/28/2008Committee substitute printed 081543268-S1
01/28/2008Reported from Courts of Justice with substitute (14-Y 0-N) (see vote tally)
01/29/2008Constitutional reading dispensed (39-Y 0-N) (see vote tally)
01/30/2008Read second time
01/30/2008Reading of substitute waived
01/30/2008Committee substitute agreed to 081543268-S1
01/30/2008Engrossed by Senate - committee substitute SB380S1
01/31/2008Read third time and passed Senate (40-Y 0-N) (see vote tally)
01/31/2008Communicated to House
02/11/2008Placed on Calendar
02/11/2008Read first time
02/11/2008Referred to Committee for Courts of Justice
02/14/2008Assigned Courts sub: Criminal
02/15/2008Reported from Courts of Justice with substitute (14-Y 5-N) (see vote tally)
02/18/2008Committee substitute printed 080355268-H1
02/19/2008Read second time
02/20/2008Passed by for the day
02/21/2008Read third time
02/21/2008Committee substitute agreed to 080355268-H1
02/21/2008Engrossed by House - committee substitute SB380H1
02/21/2008Passed House with substitute (82-Y 16-N)
02/21/2008VOTE: --- PASSAGE (82-Y 16-N)
02/25/2008House substitute agreed to by Senate (40-Y 0-N)
02/27/2008Enrolled
02/27/2008Bill text as passed Senate and House (SB380ER)
02/27/2008Signed by Speaker
02/28/2008Signed by President
03/05/2008G Approved by Governor-Chapter 406 (effective 7/1/08)
03/14/2008G Acts of Assembly Chapter text (CHAP0406)

Duplicate Bills

The following bills are identical to this one: HB1186.

Comments

spotter writes:

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.