Disposition when defendant found incompetent; involuntary admission of the defendant. (SB198)

Introduced By

Sen. Monty Mason (D-Williamsburg) with support from co-patron Del. Vivian Watts (D-Annandale)

Progress

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

Description

Disposition when defendant found incompetent; involuntary admission of the defendant. Provides that in cases where the defendant has been charged with a misdemeanor larceny-related offense or a misdemeanor offense for trespassing, destruction of property, intoxication in public, disorderly conduct, or failure to appear and is found to be incompetent following a competency evaluation, the competency report may recommend that the court direct the community services board or behavioral health authority to (i) conduct an evaluation to determine whether the defendant meets the criteria for temporary detention and (ii) upon determining that the defendant does meet the criteria for temporary detention, file a petition for issuance of an order for temporary detention of the defendant. Similarly, the bill provides that, in cases in which a defendant has been charged with one of the listed misdemeanors, is found to be incompetent, and the competency report recommends that the defendant be temporarily detained, the court may dismiss the charges without prejudice and, in lieu of ordering that the defendant receive treatment to restore his competency, order the community services board or behavioral health authority to conduct an evaluation of the defendant and if the board or authority determines that the defendant meets the criteria for temporary detention, file a petition for issuance of an order for temporary detention. The bill provides that the court shall not dismiss such charges and enter such order if the attorney for the Commonwealth is involved in the prosecution of the case and does not concur in the motion. Under current law, the court is required to order that the defendant receive treatment to restore his competency. The bill also clarifies the process following the completion of the competency evaluation of a defendant. The bill has an expiration date of July 1, 2023. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/10/2022Prefiled and ordered printed; offered 01/12/22 22103547D
01/10/2022Referred to Committee on the Judiciary
01/31/2022Assigned Judiciary sub: Criminal Law
02/02/2022Senate subcommittee amendments and substitutes offered
02/07/2022Senate committee, floor amendments and substitutes offered
02/07/2022Reported from Judiciary with substitute (14-Y 0-N) (see vote tally)
02/07/2022Committee substitute printed 22105663D-S1
02/07/2022Rereferred to Finance and Appropriations
02/09/2022Impact statement from DPB (SB198S1)
02/10/2022Reported from Finance and Appropriations (16-Y 0-N) (see vote tally)
02/11/2022Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/14/2022Read second time
02/14/2022Reading of substitute waived
02/14/2022Committee substitute agreed to 22105663D-S1
02/14/2022Engrossed by Senate - committee substitute SB198S1
02/14/2022Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/14/2022Passed Senate (40-Y 0-N) (see vote tally)
02/22/2022Placed on Calendar
02/22/2022Read first time
02/22/2022Referred to Committee for Courts of Justice
03/01/2022Assigned Courts sub: Subcommittee #1
03/04/2022House subcommittee amendments and substitutes offered
03/04/2022Subcommittee recommends reporting with substitute (7-Y 1-N)
03/07/2022Reported from Courts of Justice with substitute (18-Y 2-N) (see vote tally)
03/07/2022Committee substitute printed 22107555D-H1
03/08/2022Read second time
03/09/2022Read third time
03/09/2022Committee substitute agreed to 22107555D-H1
03/09/2022Engrossed by House - committee substitute SB198H1
03/09/2022Passed House with substitute (99-Y 0-N)
03/09/2022VOTE: Passage (99-Y 0-N) (see vote tally)
03/09/2022Impact statement from DPB (SB198H1)
03/10/2022House substitute rejected by Senate (0-Y 40-N) (see vote tally)
03/10/2022House insisted on substitute
03/10/2022House requested conference committee
03/10/2022Senate acceded to request (40-Y 0-N) (see vote tally)
03/10/2022Conferees appointed by Senate
03/10/2022Senators: Mason, Deeds, Stuart
03/10/2022Conferees appointed by House
03/10/2022Delegates: Bell, Ransone, Mullin
03/12/2022C Amended by conference committee
03/12/2022Conference substitute printed 22107841D-S2
03/12/2022Conference report agreed to by House (95-Y 0-N)
03/12/2022VOTE: Adoption (95-Y 0-N) (see vote tally)
03/12/2022Conference report agreed to by Senate (40-Y 0-N) (see vote tally)
03/21/2022Enrolled
03/21/2022Bill text as passed Senate and House (SB198ER)
03/21/2022Signed by President
03/22/2022Signed by Speaker
03/22/2022Enrolled Bill Communicated to Governor on March 22, 2022
03/22/2022G Governor's Action Deadline 11:59 p.m., April 11, 2022
04/01/2022Impact statement from DPB (SB198ER)
04/11/2022G Approved by Governor-Chapter 508 (effective 7/1/22)
04/11/2022G Acts of Assembly Chapter text (CHAP0508)

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