Death penalty; severe mental illness. (HB794)
Introduced By
Del. Jay Leftwich (R-Chesapeake) with support from co-patron Del. Joseph Yost (R-Blacksburg)
Progress
✓ |
Introduced |
✗ |
Passed Committee |
☐ |
Passed House |
☐ |
Passed Senate |
☐ |
Signed by Governor |
☐ |
Became Law |
Description
Death penalty; severe mental illness. Provides that a defendant in a capital case who had a severe mental illness, which is defined in the bill, at the time of the offense is not eligible for the death penalty. The bill establishes procedures for determining whether a defendant had a severe mental illness at the time of the offense and provides for the appointment of expert evaluators. When the defendant's severe mental illness is at issue, a determination will be made by the jury, or by the judge in a bench trial, as part of the sentencing proceeding, and the defendant bears the burden of proving his severe mental illness by a preponderance of the evidence. Read the Bill »
Status
02/12/2016: Failed to Pass in Committee
History
| Date | Action |
|---|---|
| 01/12/2016 | Committee |
| 01/12/2016 | Prefiled and ordered printed; offered 01/13/16 16101718D |
| 01/12/2016 | Referred to Committee for Courts of Justice |
| 01/14/2016 | Impact statement from VCSC (HB794) |
| 02/12/2016 | Assigned App. sub: Criminal Law |
| 02/12/2016 | Fiscal impact review from JLARC (HB794) |
| 02/12/2016 | Impact statement from DPB (HB794) |
| 02/12/2016 | Assigned Courts sub: Criminal Law |
| 02/12/2016 | Subcommittee recommends laying on the table |
| 02/12/2016 | Continued to 2017 in Courts of Justice |
| 03/09/2016 | Fiscal impact review from JLARC (HB794) |
Comments
The ACLU of Virginia strongly supports this bill, which would exempt defendants with serious mental illnesses from execution. The death penalty is not a deterrent for people with a serious mental illness, who simply cannot appreciate the full consequences of their actions, both at the time of the offense and at the time they're scheduled for execution. This legislation recognizes the unique situation of offenders with serious mental health issues and excludes them from society's worst punishment. While the ACLU of Virginia supports a repeal of the death penalty, we also support legislation that prohibits its application to people with serious mental illnesses.
The ACLU of Virginia strongly supports this bill, which would exempt defendants with serious mental illnesses from execution. The death penalty is not a deterrent for people with a serious mental illness, who simply cannot appreciate the full consequences of their actions, both at the time of the offense and at the time they're scheduled for execution. This legislation recognizes the unique situation of offenders with serious mental health issues and excludes them from society's worst punishment. While the ACLU of Virginia supports a repeal of the death penalty, we also support legislation that prohibits its application to people with serious mental illnesses.