Death penalty; severe mental illness. (SB1137)
Introduced By
Sen. Barbara Favola (D-Arlington) with support from co-patron Del. Ken Plum (D-Reston)
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, as 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. The bill provides that 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. The bill also provides that in the event the defendant fails to provide notice that he will offer testimony by an expert witness at such sentencing proceeding, the court may either allow the Commonwealth a continuance or, where the defendant is unable to show good cause for untimely notice, bar the defendant from presenting such 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 »
Outcome
History
| Date | Action |
|---|---|
| 12/30/2018 | Prefiled and ordered printed; offered 01/09/19 19102746D |
| 12/30/2018 | Referred to Committee for Courts of Justice |
| 01/03/2019 | Impact statement from VCSC (SB1137) |
| 01/14/2019 | Reported from Courts of Justice with substitute (8-Y 6-N) (see vote tally) |
| 01/14/2019 | Committee substitute printed 19104819D-S1 |
| 01/15/2019 | Impact statement from VCSC (SB1137S1) |
| 01/15/2019 | Constitutional reading dispensed (40-Y 0-N) (see vote tally) |
| 01/16/2019 | Impact statement from DPB (SB1137S1) |
| 01/16/2019 | Read second time |
| 01/16/2019 | Reading of substitute waived |
| 01/16/2019 | Committee substitute agreed to 19104819D-S1 |
| 01/16/2019 | Engrossed by Senate - committee substitute SB1137S1 |
| 01/17/2019 | Read third time and passed Senate (23-Y 17-N) (see vote tally) |
| 01/21/2019 | Placed on Calendar |
| 01/21/2019 | Read first time |
| 01/21/2019 | Referred to Committee for Courts of Justice |
| 02/12/2019 | Assigned Courts sub: Subcommittee #1 |
| 02/15/2019 | Subcommittee recommends passing by indefinitely (4-Y 1-N) |
| 02/19/2019 | Left in Courts of Justice |
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