Criminal proceedings; consideration of mental condition and intellectual, etc. (HB2047)

Introduced By

Del. Jeff Bourne (D-Richmond) with support from 6 copatrons, whose average partisan position is:

Those copatrons are Del. Lamont Bagby (D-Richmond), Del. Sally Hudson (D-Charlottesville), Del. Mark Keam (D-Vienna), Del. Ken Plum (D-Reston), Del. Cia Price (D-Newport News), Del. David Reid (D-Loudoun)

Progress

✓	Introduced
☐	Passed Committee
☐	Passed House
☐	Passed Senate
☐	Signed by Governor
☐	Became Law

Description

Criminal proceedings; consideration of mental condition and intellectual and developmental disabilities. Permits the admission of evidence concerning a defendant's mental condition at the time of an alleged offense, including expert testimony, if such evidence (i) tends to show the defendant did or did not have the specific mental state required for the offense charged and (ii) is otherwise admissible pursuant to the general rules of evidence. If a defendant intends to present such evidence, the bill requires him or his counsel to give notice in writing to the attorney for the Commonwealth. The bill also clarifies that a diagnosis of an intellectual or developmental disability shall be considered by a judicial officer for the purpose of rebuttal of a presumption against bail and that a court may order that a sentencing report prepared by a probation officer contain any diagnosis of an intellectual or developmental disability. Read the Bill »

Status

01/14/2021: Awaiting a Vote in the Courts of Justice Committee

History

Date	Action
01/12/2021	Prefiled and ordered printed; offered 01/13/21 21101702D
01/12/2021	Referred to Committee for Courts of Justice
01/14/2021	Assigned Courts sub: Criminal