Mental health experts; appointment in criminal cases not involving insanity defense or competency. (HB1365)

Introduced By

Sen. Joe Morrissey (D-Richmond)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Appointment of mental health experts in criminal cases not involving insanity defense or competency to stand trial. Provides that in a felony criminal case for an alleged crime other than capital murder, the attorney for the Commonwealth or the defendant may, at least 60 days prior to trial, move the court to require a mental health evaluation of the defendant. Upon such motion, and for good cause shown, the court shall conduct a hearing to consider evidence of mental health issues relevant to the trial or sentencing of the defendant when consideration of such issues is not otherwise provided for, e.g., when insanity is raised as a defense or competency to stand trial is at issue. Read the Bill »


Bill Has Failed


12/06/2012Prefiled and ordered printed; offered 01/09/13 13100202D
12/06/2012Referred to Committee for Courts of Justice
01/10/2013Assigned Courts sub: #1 Criminal
01/30/2013Impact statement from DPB (HB1365)
01/30/2013Subcommittee recommends laying on the table
02/05/2013Left in Courts of Justice


ACLU-VA Criminal Justice, tracking this bill in Photosynthesis, notes:

The ACLU of Virginia is monitoring this legislation that allows appointment of mental health experts in felony cases not involving insanity pleas or competency issues.