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