Criminal proceedings; evidence of defendant's mental condition. (SB645)

Introduced By

Sen. John Cosgrove (R-Chesapeake)

Progress

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

Description

Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/17/2022Presented and ordered printed 22104452D
01/17/2022Referred to Committee on the Judiciary
01/19/2022Impact statement from DPB (SB645)
01/26/2022Passed by indefinitely in Judiciary (10-Y 5-N) (see vote tally)

Comments

LRIDD (Legal Reform for the Intellectually and Developmentally Disabled), tracking this bill in Photosynthesis, notes:

OPPOSE this legislation. LRIDD strongly opposes this bill. This is bill repeals what we have worked for fair and equitable justice in accordance with the ADA. Allowing evidence of a person's developmental disability should be allowed throughout the legal process. If this appealed the only way the evidence of a developmental disability is allowed in to the court is only if a person pleads guilty. With 95% of the cases in Virginia are done by plea bargaining. This forces a person to plea bargain just to let the evidence of a developmental disability and it's relation to the offense.

Brian Kelmar writes:

We strongly oppose this bill. This is bill repeals what we have worked for fair and equitable justice in accordance with the ADA. Allowing evidence of a person's developmental disability should be allowed throughout the legal process. If this appealed the only way the evidence of a developmental disability is allowed in to the court is only if a person pleads guilty. With 95% of the cases in Virginia are done by plea bargaining. This forces a person to plea bargain just to let the evidence of a developmental disability and it's relation to the offense.

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