Criminal defendants; evaluation for insanity or competence. (HB582)

Introduced By

Del. Joseph Yost (R-Blacksburg)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Criminal defendants; evaluation for insanity or competence. Sets qualifications for persons who conduct evaluations of criminal defendants where there is an issue of sanity or competency to stand trial. Evaluators will be required to send redacted copies of their reports to the Commissioner of Behavioral Health and Development Services for peer review. Read the Bill »


Bill Has Passed


01/11/2016Prefiled and ordered printed; offered 01/13/16 16101381D
01/11/2016Referred to Committee for Courts of Justice
01/14/2016Assigned to sub: Subcommittee Criminal Law
01/14/2016Assigned App. sub: Subcommittee Criminal Law
01/14/2016Assigned Courts sub:
01/18/2016Subcommittee recommends reporting with amendment(s) (6-Y 5-N)
01/26/2016Impact statement from DPB (HB582)
02/03/2016Reported from Courts of Justice with amendments (21-Y 0-N) (see vote tally)
02/05/2016Read first time
02/08/2016Read second time
02/08/2016Committee amendments agreed to
02/08/2016Engrossed by House as amended HB582E
02/08/2016Printed as engrossed 16101381D-E
02/09/2016Read third time and passed House BLOCK VOTE (99-Y 0-N)
02/09/2016VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) (see vote tally)
02/10/2016Constitutional reading dispensed
02/10/2016Referred to Committee for Courts of Justice
02/29/2016Reported from Courts of Justice (14-Y 0-N) (see vote tally)
03/01/2016Constitutional reading dispensed (38-Y 0-N) (see vote tally)
03/01/2016Impact statement from DPB (HB582E)
03/02/2016Read third time
03/02/2016Passed Senate (40-Y 0-N) (see vote tally)
03/04/2016Bill text as passed House and Senate (HB582ER)
03/04/2016Impact statement from DPB (HB582ER)
03/04/2016Signed by Speaker
03/07/2016Signed by President
03/08/2016G Governor's Action Deadline Midnight, Monday, April 11, 2016
03/08/2016Enrolled Bill communicated to Governor on 3/8/2016
03/08/2016G Governor's Action Deadline Midnight, Sunday, April 10, 2016
03/11/2016G Approved by Governor-Chapter 445 (effective 7/1/16)
03/11/2016G Acts of Assembly Chapter text (CHAP0445)
03/11/2016G Acts of Assembly Chapter text reprinted (CHAP0445)


Kevin McWilliams, Ph.D. writes:

--Bill discounts training/experience not part of VA Beh. Health Commission, Sort of like saying an attorney cannot practice in VA, despite passing bar exam, if he/she did not attend W&M law school

--requiring redacted reports sent for "peer review" by Commission--the same commission that grants status for forensic evals.--essentially inhibits any criticism of state hospital conclusions. So, if CSH, for example, says a patient who is openly psychotic is competent to stand trial one would put job status at risk to say otherwise (and this is not at all an unusual circumstance)

--redacted reports will violate confidentiality especially in high profile cases. Imaging a politician evaluated after a DUI charge. You can take away name and SS# but all reading will know who is be referred to and, in reading a report, gain access to confidential info. they should not have that could limit that politician in future.

--the bill essentially allows the state to further encroach on individual rights and adds another level of bureaucracy All psychologists already follow ethical guidelines to practice within their level of training and expertise. It further forces well-trained psychologists, albeit trained outside Commission of BH, to either pay high rates for unneeded training or have to grovel before them to gain licensure for something they are already trained to do well. And, again, it effectively limits criticism of aspects of the state mental health system. This is not a bill I would have all expected to have been authored by a Republican.