Death penalty; severe mental illness. (HB758)

Introduced By

Del. Jay Leftwich (R-Chesapeake)

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. Amends § 19.2-264.3:1.3, § 19.2-264.3:3, § 19.2-264.4, of the Code of Virginia. Read the Bill »

Status

01/09/2018: Awaiting a Vote in the Courts of Justice Committee

History

  • 01/09/2018 Committee
  • 01/09/2018 Prefiled and ordered printed; offered 01/10/18 18101690D
  • 01/09/2018 Referred to Committee for Courts of Justice
  • 01/10/2018 Impact statement from VCSC (HB758)

Duplicate Bills

The following bills are identical to this one: SB802.

Comments

ACLU of Virginia writes:

The ACLU of Virginia opposes the death penalty and supports its repeal. We strongly support legislation to ban its imposition on people with serious mental illnesses but strongly urge its complete repeal.

ACLU of Virginia writes:

The ACLU of Virginia opposes the death penalty and supports its repeal. We strongly support legislation to ban its imposition on people with serious mental illnesses but strongly urge its complete repeal. This bill would allow people with SMI to be convicted of capital murder but evidence of mental illness could be submitted during the sentencing phase of trial.

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