Death penalty; severe mental illness. (SB1137)

Introduced By

Sen. Barbara Favola (D-Arlington) with support from co-patron Del. Ken Plum (D-Reston)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


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


01/21/2019: In Committee


12/30/2018Prefiled and ordered printed; offered 01/09/19 19102746D
12/30/2018Referred to Committee for Courts of Justice
01/03/2019Impact statement from VCSC (SB1137)
01/14/2019Reported from Courts of Justice with substitute (8-Y 6-N) (see vote tally)
01/14/2019Committee substitute printed 19104819D-S1
01/15/2019Impact statement from VCSC (SB1137S1)
01/15/2019Constitutional reading dispensed (40-Y 0-N) (see vote tally)
01/16/2019Impact statement from DPB (SB1137S1)
01/16/2019Read second time
01/16/2019Reading of substitute waived
01/16/2019Committee substitute agreed to 19104819D-S1
01/16/2019Engrossed by Senate - committee substitute SB1137S1
01/17/2019Read third time and passed Senate (23-Y 17-N) (see vote tally)
01/21/2019Placed on Calendar
01/21/2019Read first time
01/21/2019Referred to Committee for Courts of Justice

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