Defendants; disposition of unrestorably incompetent, capital murder. (SB1231)

Introduced By

Sen. Adam Ebbin (D-Alexandria)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Incompetent defendants; capital murder. Provides that when a defendant charged with capital murder is determined to be unrestorably incompetent, the court may order that the defendant receive medically appropriate treatment rather than treatment designed to restore competency. The bill requires that hearings be held upon the request of such defendant or his counsel at yearly intervals for five years and no more than biennially thereafter, or at any time that the director of the treating facility or his designee submits a competency report to the court that the defendant's competency has been restored. Under current law, hearings are held every six months for an incompetent defendant receiving treatment to restore competency. The bill also provides that no unrestorably incompetent defendant charged with capital murder shall be released except pursuant to a court order. Amends § 19.2-169.3, of the Code of Virginia. Read the Bill »


01/04/2019: Awaiting a Vote in the Courts of Justice Committee


01/04/2019Prefiled and ordered printed; offered 01/09/19 19103597D
01/04/2019Referred to Committee for Courts of Justice

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