Criminal proceedings; consideration of mental condition and intellectual. (SB1383)

Introduced By

Sen. Barbara Favola (D-Arlington) with support from co-patron Del. Kaye Kory (D-Falls Church)

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 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. Read the Bill »

Status

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

History

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