Criminal proceedings; disposition when defendant found incompetent. (SB1507)

Introduced By

Sen. Monty Mason (D-Williamsburg)

Progress

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

Description

Criminal proceedings; disposition when defendant found incompetent; evaluation for temporary detention. Requires a competency evaluation report, when ordered to determine whether a defendant charged with certain misdemeanors lacks capacity to stand trial, to identify whether the defendant should be evaluated to determine whether he meets the criteria for temporary detention in the event that he is found incompetent but restorable or incompetent for the foreseeable future. The bill allows the court, when an evaluation for temporary detention is recommended, to order the local community services board or behavioral health authority to conduct an evaluation of the defendant and, if the defendant meets the criteria for temporary detention, file a petition for a temporary detention order. The bill requires the community services board or behavioral health authority to notify the court, in writing, within 72 hours of the completion of the evaluation. In cases in which the defendant fails or refuses to appear for the evaluation, the bill requires the community services board or behavioral health authority to notify the court of such failure or refusal and requires the court to issue a mandatory examination order and capias directing the local primary law-enforcement agency to transport the defendant to the location designated by the community services board or behavioral health authority for examination. The bill repeals the sunset on the provisions of Chapter 508 of the Acts of Assembly of 2022, which also relate to competency and temporary detention evaluations. This bill is identical to HB 1908. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/20/2023Presented and ordered printed 23102234D
01/20/2023Referred to Committee on the Judiciary
01/23/2023Impact statement from DPB (SB1507)
02/01/2023Senate committee, floor amendments and substitutes offered
02/01/2023Reported from Judiciary with amendment (15-Y 0-N) (see vote tally)
02/03/2023Constitutional reading dispensed (38-Y 0-N) (see vote tally)
02/06/2023Read second time
02/06/2023Reading of amendment waived
02/06/2023Committee amendment agreed to
02/06/2023Engrossed by Senate as amended SB1507E
02/06/2023Printed as engrossed 23102234D-E
02/06/2023Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/06/2023Passed Senate (39-Y 0-N) (see vote tally)
02/07/2023Placed on Calendar
02/07/2023Read first time
02/07/2023Referred to Committee for Courts of Justice
02/08/2023Impact statement from DPB (SB1507E)
02/11/2023Assigned Courts sub: Subcommittee #1
02/13/2023Subcommittee recommends reporting (8-Y 0-N)
02/20/2023Reported from Courts of Justice (20-Y 0-N) (see vote tally)
02/22/2023Read second time
02/23/2023Read third time
02/23/2023Passed House BLOCK VOTE (96-Y 0-N)
02/23/2023VOTE: Block Vote Passage (96-Y 0-N) (see vote tally)
03/07/2023Enrolled
03/07/2023Bill text as passed Senate and House (SB1507ER)
03/07/2023Impact statement from DPB (SB1507ER)
03/08/2023Signed by President
03/08/2023Signed by Speaker
03/13/2023Enrolled Bill Communicated to Governor on March 13, 2023
03/13/2023G Governor's Action Deadline 11:59 p.m., March 27, 2023
03/22/2023G Approved by Governor-Chapter 230 (effective 7/1/23)
03/22/2023G Acts of Assembly Chapter text (CHAP0230)