Unrestorably incompetent defendant; competency report. (HB259)

Introduced By

Del. Marcus Simon (D-Falls Church)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Unrestorably incompetent defendant; competency report. Provides that in cases where a defendant is likely to remain incompetent for the foreseeable future due to an ongoing and irreversible medical condition and prior medical or educational records are available to support the diagnosis, a competency report may recommend that the court find the defendant unrestorably incompetent to stand trial, and the court may proceed with the disposition of the case based on such recommendation. Under current law, the defendant is required to undergo treatment to restore his competency before the court can find a defendant unrestorably incompetent to stand trial. The bill also provides that such person who is found unrestorably incompetent to stand trial shall be prohibited from purchasing, possessing, or transporting a firearm. This bill is identical to SB 670. Read the Bill »


Bill Has Passed


12/30/2019Prefiled and ordered printed; offered 01/08/20 20101848D
12/30/2019Referred to Committee for Courts of Justice
01/14/2020Assigned Courts sub: Criminal
01/15/2020House subcommittee amendments and substitutes offered
01/15/2020Subcommittee recommends reporting with amendments (8-Y 0-N)
01/22/2020Impact statement from DPB (HB259)
01/22/2020Reported from Courts of Justice with amendments (22-Y 0-N) (see vote tally)
01/24/2020Read first time
01/27/2020Read second time
01/27/2020Committee amendments agreed to
01/27/2020Engrossed by House as amended HB259E
01/27/2020Printed as engrossed 20101848D-E
01/28/2020Read third time and passed House BLOCK VOTE (97-Y 0-N)
01/28/2020VOTE: (97-Y 0-N) (see vote tally)
01/29/2020Constitutional reading dispensed
01/29/2020Referred to Committee on the Judiciary
02/04/2020Impact statement from DPB (HB259E)
02/12/2020Reported from Judiciary with substitute (15-Y 0-N) (see vote tally)
02/12/2020Committee substitute printed 20108211D-S1
02/13/2020Impact statement from DPB (HB259S1)
02/14/2020Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/17/2020Read third time
02/17/2020Reading of substitute waived
02/17/2020Committee substitute agreed to 20108211D-S1
02/17/2020Engrossed by Senate - committee substitute HB259S1
02/17/2020Passed Senate with substitute (40-Y 0-N) (see vote tally)
02/19/2020VOTE: Adoption (3-Y 97-N) (see vote tally)
02/19/2020Placed on Calendar
02/19/2020Senate substitute rejected by House 20108211D-S1 (3-Y 97-N)
02/19/2020VOTE: REJECTED (3-Y 97-N) (see vote tally)
02/21/2020Senate insisted on substitute (37-Y 0-N) (see vote tally)
02/21/2020Senate requested conference committee
02/24/2020House acceded to request
02/24/2020Conferees appointed by House
02/24/2020Delegates: Simon, Mullin, Adams, L.R.
02/25/2020Conferees appointed by Senate
02/25/2020Senators: Mason, Deeds, McDougle
03/04/2020C Amended by conference committee
03/04/2020Conference report agreed to by House (92-Y 1-N)
03/04/2020VOTE: Agree To (92-Y 1-N) (see vote tally)
03/04/2020Reconsideration of conference report agreed to by House
03/04/2020Conference report agreed to by House (95-Y 0-N)
03/04/2020VOTE: Agree to #2 (95-Y 0-N) (see vote tally)
03/07/2020Conference report agreed to by Senate (37-Y 0-N) (see vote tally)
03/18/2020Bill text as passed House and Senate (HB259ER)
03/18/2020Signed by President
03/19/2020Signed by Speaker
03/20/2020Impact statement from DPB (HB259ER)
03/20/2020Enrolled Bill communicated to Governor on March 20, 2020
03/20/2020G Governor's Action Deadline 11:59 p.m., April 11, 2020
04/10/2020G Approved by Governor-Chapter 1121 (effective 7/1/20)
04/10/2020G Acts of Assembly Chapter text (CHAP1121)

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