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2020 SESSION
HB 259 Unrestorably incompetent defendant; competency report.
Introduced by: Marcus B. Simon | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Unrestorably incompetent defendant; competency report. Provides that in cases where a defendant is likely to remain incompetent for the foreseeable future due to an ongoing and irreversible medical condition and prior medical or educational records are available to support the diagnosis, a competency report may recommend that the court find the defendant unrestorably incompetent to stand trial, and the court may proceed with the disposition of the case based on such recommendation. Under current law, the defendant is required to undergo treatment to restore his competency before the court can find a defendant unrestorably incompetent to stand trial. The bill also provides that such person who is found unrestorably incompetent to stand trial shall be prohibited from purchasing, possessing, or transporting a firearm. This bill is identical to SB 670.
FULL TEXT
- 12/30/19 House: Prefiled and ordered printed; offered 01/08/20 20101848D pdf | impact statement
- 01/27/20 House: Printed as engrossed 20101848D-E pdf | impact statement
- 02/12/20 Senate: Committee substitute printed 20108211D-S1 pdf | impact statement
- 03/18/20 House: Bill text as passed House and Senate (HB259ER) pdf | impact statement
- 04/10/20 Governor: Acts of Assembly Chapter text (CHAP1121) pdf
AMENDMENTS
- House subcommittee amendments and substitutes offered
- House subcommittee amendments and substitutes adopted
- House amendments adopted
- Conference amendments
HISTORY
- 12/30/19 House: Prefiled and ordered printed; offered 01/08/20 20101848D
- 12/30/19 House: Referred to Committee for Courts of Justice
- 01/14/20 House: Assigned Courts sub: Criminal
- 01/15/20 House: Subcommittee recommends reporting with amendments (8-Y 0-N)
- 01/22/20 House: Reported from Courts of Justice with amendments (22-Y 0-N)
- 01/24/20 House: Read first time
- 01/27/20 House: Read second time
- 01/27/20 House: Committee amendments agreed to
- 01/27/20 House: Engrossed by House as amended HB259E
- 01/27/20 House: Printed as engrossed 20101848D-E
- 01/28/20 House: Read third time and passed House BLOCK VOTE (97-Y 0-N)
- 01/28/20 House: VOTE: (97-Y 0-N)
- 01/29/20 Senate: Constitutional reading dispensed
- 01/29/20 Senate: Referred to Committee on the Judiciary
- 02/12/20 Senate: Reported from Judiciary with substitute (15-Y 0-N)
- 02/12/20 Senate: Committee substitute printed 20108211D-S1
- 02/14/20 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/17/20 Senate: Read third time
- 02/17/20 Senate: Reading of substitute waived
- 02/17/20 Senate: Committee substitute agreed to 20108211D-S1
- 02/17/20 Senate: Engrossed by Senate - committee substitute HB259S1
- 02/17/20 Senate: Passed Senate with substitute (40-Y 0-N)
- 02/19/20 House: Placed on Calendar
- 02/19/20 House: Senate substitute rejected by House 20108211D-S1 (3-Y 97-N)
- 02/19/20 House: VOTE: REJECTED (3-Y 97-N)
- 02/21/20 Senate: Senate insisted on substitute (37-Y 0-N)
- 02/21/20 Senate: Senate requested conference committee
- 02/24/20 House: House acceded to request
- 02/24/20 House: Conferees appointed by House
- 02/24/20 House: Delegates: Simon, Mullin, Adams, L.R.
- 02/25/20 Senate: Conferees appointed by Senate
- 02/25/20 Senate: Senators: Mason, Deeds, McDougle
- 03/04/20 Conference: Amended by conference committee
- 03/04/20 House: Conference report agreed to by House (92-Y 1-N)
- 03/04/20 House: VOTE: Agree To (92-Y 1-N)
- 03/04/20 House: Reconsideration of conference report agreed to by House
- 03/04/20 House: Conference report agreed to by House (95-Y 0-N)
- 03/04/20 House: VOTE: Agree to #2 (95-Y 0-N)
- 03/07/20 Senate: Conference report agreed to by Senate (37-Y 0-N)
- 03/18/20 House: Enrolled
- 03/18/20 House: Bill text as passed House and Senate (HB259ER)
- 03/18/20 Senate: Signed by President
- 03/19/20 House: Signed by Speaker
- 03/20/20 House: Enrolled Bill communicated to Governor on March 20, 2020
- 03/20/20 Governor: Governor's Action Deadline 11:59 p.m., April 11, 2020
- 04/10/20 Governor: Approved by Governor-Chapter 1121 (effective 7/1/20)
- 04/10/20 Governor: Acts of Assembly Chapter text (CHAP1121)