Criminal proceedings; consideration of mental condition & intellectual & developmental disabilities. (SB1315)

Introduced By

Sen. Jennifer McClellan (D-Richmond) with support from 9 copatrons, whose average partisan position is:

Those copatrons are Del. Betsy Carr (D-Richmond), Del. Mark Keam (D-Vienna), Del. Rodney Willett (D-Henrico), Sen. Jennifer Boysko (D-Herndon), Sen. Barbara Favola (D-Arlington), Sen. Ghazala Hashmi (D-Midlothian), Sen. Mamie Locke (D-Hampton), Sen. Louise Lucas (D-Portsmouth), Sen. Joe Morrissey (D-Richmond)


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 by the defendant concerning a defendant's mental condition at the time of an alleged offense, including expert testimony, if such evidence is relevant and is not evidence concerning an ultimate issue of fact and (i) tends to show the defendant did or did not have the intent required for the offense charged and (ii) is otherwise admissible pursuant to the general rules of evidence. The bill provides that to establish a mental condition for such purposes, the defendant must show that his condition existed at the time of the offense and that such condition satisfies the diagnostic criteria for (a) a mental illness, as defined in the bill; (b) an intellectual or developmental disability, as defined in the bill; or (c) an autism spectrum disorder, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. 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 within specified time periods. The bill also clarifies that a court, in addition to a magistrate, may enter a temporary detention order in such cases if the criteria required under current law for temporary detention orders are met. The bill 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. The bill also 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. Finally, the bill requires the Office of the Executive Secretary of the Supreme Court to collect data regarding the cases that use the evidence made permissible in the bill and the Joint Subcommittee to Study Mental Health Services in the Commonwealth in the 21st Century to study and make recommendations about the standard of danger to self or others that may be appropriately applied for such persons found not guilty under the provisions of the bill in the issuance of emergency custody orders, involuntary temporary detention orders, or the ordering of other mandatory mental health treatments. This bill incorporates SB 1383 and is identical to HB 2047. Read the Bill »


04/07/2021: enacted


01/12/2021Prefiled and ordered printed; offered 01/13/21 21102652D
01/12/2021Referred to Committee on the Judiciary
01/26/2021Impact statement from DPB (SB1315)
01/27/2021Senate committee, floor amendments and substitutes offered
01/27/2021Reported from Judiciary with substitute (8-Y 3-N) (see vote tally)
01/27/2021Incorporates SB1383 (Favola)
01/27/2021Committee substitute printed 21103834D-S1
01/27/2021Rereferred to Finance and Appropriations
02/03/2021Impact statement from DPB (SB1315S1)
02/03/2021Reported from Finance and Appropriations (15-Y 1-N) (see vote tally)
02/03/2021Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/04/2021Read second time
02/04/2021Reading of substitute waived
02/04/2021Committee substitute agreed to 21103834D-S1
02/04/2021Engrossed by Senate - committee substitute SB1315S1
02/05/2021Passed by temporarily
02/05/2021Read third time and passed Senate (25-Y 13-N) (see vote tally)
02/07/2021Placed on Calendar
02/07/2021Read first time
02/07/2021Referred to Committee for Courts of Justice
02/08/2021Continued to Special Session 1 in Courts of Justice
02/10/2021In Committee for Courts of Justice
02/12/2021House committee, floor amendments and substitutes offered
02/12/2021Passed by for the day in Courts of Justice
02/18/2021Assigned Courts sub: Criminal
02/19/2021House subcommittee amendments and substitutes offered
02/19/2021Subcommittee recommends reporting with substitute (4-Y 4-N)
02/20/2021House committee, floor amendments and substitutes offered
02/20/2021Reported from Courts of Justice with substitute (22-Y 0-N)
02/20/2021Committee substitute printed 21200174D-H1
02/23/2021Impact statement from DPB (SB1315H1)
02/23/2021Read second time
02/24/2021Read third time
02/24/2021Committee substitute agreed to 21200174D-H1
02/24/2021Engrossed by House - committee substitute SB1315H1
02/24/2021Passed House with substitute (95-Y 3-N)
02/24/2021VOTE: Passage (95-Y 3-N)
02/25/2021House substitute rejected by Senate (2-Y 37-N)
02/25/2021Reconsideration of House substitute agreed to by Senate (39-Y 0-N)
02/25/2021House substitute rejected by Senate (0-Y 39-N)
02/25/2021House insisted on substitute
02/25/2021House requested conference committee
02/25/2021Senate acceded to request (37-Y 0-N)
02/25/2021Conferees appointed by Senate
02/25/2021Senators: McClellan, Deeds, Stuart
02/25/2021Conferees appointed by House
02/25/2021Delegates: Mullin, Watts, Coyner
02/27/2021C Amended by conference committee
02/27/2021Conference substitute printed 21200765D-S2
02/27/2021Conference report agreed to by House (64-Y 35-N)
02/27/2021VOTE: Agreed To (64-Y 35-N)
02/27/2021Conference report agreed to by Senate (27-Y 12-N)
03/04/2021Impact statement from DPB (SB1315S2)
03/09/2021Bill text as passed Senate and House (SB1315ER)
03/09/2021Signed by President
03/10/2021Impact statement from DPB (SB1315ER)
03/11/2021Signed by Speaker
03/15/2021Enrolled Bill Communicated to Governor on March 15, 2021
03/15/2021G Governor's Action Deadline 11:59 p.m., March 31, 2021
03/31/2021Governor's recommendation received by Senate
03/31/2021Governor's substitute printed 21200908D-S3
04/07/2021Senate concurred in Governor's recommendation (25-Y 15-N)
04/07/2021House concurred in Governor's recommendation (65-Y 35-N)
04/07/2021VOTE: Agree To (65-Y 35-N)
04/07/2021G Governor's recommendation adopted
04/07/2021Reenrolled bill text (SB1315ER2)
04/07/2021Signed by President as reenrolled
04/07/2021Signed by Speaker as reenrolled
04/07/2021Enacted, Chapter 523 (effective 7/1/21)
04/07/2021G Acts of Assembly Chapter text (CHAP0523)