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2001 SESSION
HB 2653 Juvenile "not guilty by reason of insanity"; DMHMRSAS to study.
Introduced by: L. Karen Darner | all patrons ... notes | add to my profiles
SUMMARY AS PASSED HOUSE: (all summaries)
Juvenile not guilty by reason of insanity. Recognizes the finding of "not guilty by reason of insanity" for a child charged with a delinquent act in juvenile court proceedings. The bill closely parallels the adult statute on not guilty by reason of insanity. If the court finds a child not guilty, and the child poses an unreasonable risk to the community, the court may commit the child to the Department of Mental Health, Mental Retardation and Substance Abuse Services for treatment. If the child does not pose a risk, the court may refer the child as one in need of services to the local family assessment and planning team for services under the Comprehensive Services Act for At-Risk Youth and Families. The bill adds such children to the mandated service pool under the Act.
This bill is a recommendation of the Virginia Bar Association, which was requested by the General Assembly (see HJR 680, 1999) to review this area of the law. See also Commonwealth v. Chapman, 30 Va. App, 593, 601, 518 S.E.2d 847, 851 (1999) rev’d Virginia Supreme Court, November 3, 2000, Record No. 992706, where the Supreme Court held that the insanity defense is not available to juveniles absent specific statutory authority.
FULL TEXT
- 01/12/01 House: Presented & ordered printed 012286696 pdf | impact statement
- 02/02/01 House: Committee substitute printed 019706696-H1 pdf | impact statement
AMENDMENTS
HISTORY
- 01/12/01 House: Presented & ordered printed 012286696
- 01/12/01 House: Referred to Committee for Courts of Justice
- 01/19/01 House: Assigned to C. J. sub-committee: 3
- 02/01/01 House: Reported from C. J. with substitute (23-Y 0-N)
- 02/02/01 House: Committee substitute printed 019706696-H1
- 02/03/01 House: Read first time
- 02/04/01 House: Read second time
- 02/04/01 House: Committee substitute agreed to 019706696-H1
- 02/04/01 House: Engrossed by House - committee substitute 019706696-H1
- 02/05/01 House: VOTE: BLOCK VOTE PASSAGE (97-Y 0-N)
- 02/05/01 House: Read third time and passed House BLOCK VOTE (97-Y 0-N)
- 02/05/01 House: Reconsideration of passage agreed to by House
- 02/05/01 House: VOTE: BLOCK VOTE PASSAGE #2 (99-Y 0-N)
- 02/05/01 House: Passed House (99-Y 0-N)
- 02/05/01 House: Communicated to Senate
- 02/07/01 Senate: Constitutional reading dispensed
- 02/07/01 Senate: Referred to Committee for Courts of Justice
- 02/14/01 Senate: Reported from Courts of Justice w/amds (15-Y 0-N)
- 02/14/01 Senate: Rereferred to Finance
- 02/21/01 Senate: Left in Finance