Indigent defendants; right to ex parte hearing for appointment of experts in capital cases. (SB248)

Introduced By

Sen. John Watkins (R-Midlothian)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Indigent defendants; right to ex parte hearing for appointment of experts in capital cases.  Provides that an indigent defendant who has been charged with a capital offense may move in circuit court for the appointment of experts to assist in the preparation of his defense. The presiding judge shall designate another judge in the judicial circuit who may hold an ex parte hearing on such a motion and may order the appointment of an expert. Prior to an ex parte proceeding, communication, or request, a particularized need for confidentiality must be demonstrated in an adversarial proceeding. A motion for an ex parte hearing shall be in writing and filed under seal and any ex parte hearing conducted shall be on the record and kept under seal as part of the record of the case. The court may unseal the record after the trial is concluded for good cause shown. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/12/2010Prefiled and ordered printed; offered 01/13/10 10102474D
01/12/2010Referred to Committee for Courts of Justice
01/14/2010Assigned Courts sub: Criminal
01/18/2010Impact statement from DPB (SB248)
01/25/2010Reported from Courts of Justice (13-Y 1-N) (see vote tally)
01/26/2010Constitutional reading dispensed (40-Y 0-N) (see vote tally)
01/27/2010Read second time and engrossed
01/28/2010Read third time and passed Senate (38-Y 1-N) (see vote tally)
01/28/2010Reconsideration of passage agreed to by Senate (40-Y 0-N) (see vote tally)
01/28/2010Passed Senate (39-Y 1-N) (see vote tally)
02/08/2010Placed on Calendar
02/08/2010Read first time
02/08/2010Referred to Committee for Courts of Justice
02/16/2010Assigned Courts sub: #1 Criminal
03/01/2010Subcommittee recommends reporting (5-Y 4-N)
03/08/2010Reported from Courts of Justice (15-Y 6-N) (see vote tally)
03/09/2010Read second time
03/09/2010Constitutional reading dispensed (96-Y 0-N)
03/09/2010VOTE: --- AGREE TO (96-Y 0-N) (see vote tally)
03/09/2010Motion to reconsider constitutional reading dispensed agreed to
03/09/2010Constitutional reading dispensed (94-Y 0-N)
03/09/2010VOTE: --- ADOPTION #2 (94-Y 0-N) (see vote tally)
03/09/2010Passed by for the day
03/10/2010Passed by for the day
03/11/2010Read third time
03/11/2010Passed House (78-Y 18-N)
03/11/2010VOTE: --- PASSAGE (78-Y 18-N) (see vote tally)
03/22/2010Enrolled
03/22/2010Bill text as passed Senate and House (SB248ER)
03/22/2010Signed by Speaker
03/25/2010Signed by President
04/09/2010Impact statement from DPB (SB248ER)
04/13/2010Governor's recommendation received by Senate
04/20/2010Placed on Calendar
04/21/2010Passed by temporarily
04/21/2010Senate concurred in Governor's recommendation (39-Y 1-N) (see vote tally)
04/21/2010House concurred in Governor's recommendation (74-Y 17-N)
04/21/2010VOTE: --- ADOPTION (74-Y 17-N) (see vote tally)
04/21/2010G Governor's recommendation adopted
04/21/2010Reenrolled
04/21/2010Reenrolled bill text (SB248ER2)
04/21/2010Signed by Speaker as reenrolled
04/21/2010Signed by President as reenrolled
04/21/2010Enacted, Chapter 789 (effective 7/1/10)
04/21/2010G Acts of Assembly Chapter text (CHAP0789)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 6 clips in all, totaling 16 minutes.