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2021 SESSION
HB 2047 Criminal proceedings; consideration of mental condition and intellectual, etc.
Introduced by: Jeffrey M. Bourne | all patrons ... notes | add to my profiles
SUMMARY AS PASSED HOUSE: (all summaries)
Criminal proceedings; consideration of mental condition and intellectual and developmental disabilities. Permits the admission of evidence concerning a defendant's mental condition at the time of an alleged offense, including expert testimony, if such evidence (i) tends to show the defendant did or did not have the specific mental state required for the offense charged and (ii) is otherwise admissible pursuant to the general rules of evidence. The bill provides that to establish a mental condition for such purposes, the defendant must show that his condition existed at the time of the offense and that such condition satisfies the diagnostic criteria for (a) an autism spectrum disorder as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association or (b) an intellectual or developmental disability. If a defendant intends to present such evidence, the bill requires him or his counsel to give notice in writing to the attorney for the Commonwealth within specified time periods. The bill also clarifies that a diagnosis of an intellectual or developmental disability shall be considered by a judicial officer for the purpose of rebuttal of a presumption against bail and that a court may order that a sentencing report prepared by a probation officer contain any diagnosis of an intellectual or developmental disability. The bill also adds to the requirements to be met for qualification as a court-appointed attorney two hours of continuing legal education, which shall cover the representation of individuals with behavioral or mental health disorders and individuals with intellectual or developmental disabilities.
FULL TEXT
- 01/12/21 House: Prefiled and ordered printed; offered 01/13/21 21101702D pdf | impact statement
- 01/29/21 House: Committee substitute printed 21103892D-H1 pdf | impact statement
AMENDMENTS
- House subcommittee amendments and substitutes offered
- House subcommittee amendments and substitutes adopted
HISTORY
- 01/12/21 House: Prefiled and ordered printed; offered 01/13/21 21101702D
- 01/12/21 House: Referred to Committee for Courts of Justice
- 01/14/21 House: Assigned Courts sub: Criminal
- 01/27/21 House: Subcommittee recommends reporting with substitute (8-Y 0-N)
- 01/29/21 House: Committee substitute printed 21103892D-H1
- 01/29/21 House: Reported from Courts of Justice with substitute (22-Y 0-N)
- 02/01/21 House: Read first time
- 02/02/21 House: Read second time
- 02/02/21 House: Committee substitute agreed to 21103892D-H1
- 02/02/21 House: Engrossed by House - committee substitute HB2047H1
- 02/03/21 House: Read third time and passed House BLOCK VOTE (98-Y 0-N 1-A)
- 02/03/21 House: VOTE: Block Vote Passage (98-Y 0-N 1-A)
- 02/03/21 House: Reconsideration of passage agreed to by House
- 02/03/21 House: Passed House BLOCK VOTE (99-Y 0-N)
- 02/03/21 House: VOTE: Block Vote Passage #2 (99-Y 0-N)
- 02/04/21 Senate: Constitutional reading dispensed
- 02/04/21 Senate: Referred to Committee on the Judiciary
- 02/05/21 Senate: Continued to 2021 Sp. Sess. 1 in Judiciary (14-Y 0-N)