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. Read the Bill »
Outcome
Bill Has Failed
History
| Date | Action |
|---|---|
| 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) |
| 02/09/2018 | Impact statement from DPB (HB758) |
| 02/15/2018 | Left in Courts of Justice |
Comments
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.
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.