Criminal proceedings; consideration of mental condition. (SB1315)

Introduced By

Sen. Jennifer McClellan (D-Richmond) with support from co-patrons Sen. Jennifer Boysko (D-Herndon), Sen. Ghazala Hashmi (D-Midlothian), Sen. Mamie Locke (D-Hampton), and Sen. Louise Lucas (D-Portsmouth)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


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 expert testimony 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 diagnoses of an intellectual or developmental disability. Lastly, the bill adds to the requirements to be met for qualification as a court-appointed attorney two hours of continuing legal education, which shall cover the representation of individuals with behavioral or mental health disorders and individuals with intellectual or developmental disabilities. Read the Bill »


01/12/2021: Awaiting a Vote in the Judiciary Committee


01/12/2021Prefiled and ordered printed; offered 01/13/21 21102652D
01/12/2021Referred to Committee on the Judiciary

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