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- Subject Index: Since 1995
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1999 SESSION
SB 1039 Juvenile competency.
Introduced by: J. Randy Forbes | all patrons ... notes | add to my profiles
SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION: (all summaries)
Juvenile competency. Establishes juvenile court procedures for determining whether a juvenile is competent to stand trial, for restoration of competency and for dispositions for unrestorably incompetent juveniles. A juvenile’s competency is presumed; however, the Commonwealth’s attorney, defense counsel or judge can raise the issue of competency. The Commissioner of Mental Health, Mental Retardation and Substance Abuse Services is to approve the training and qualifications of professionals who perform the evaluations and provide restoration services. Evaluations are to be performed on an outpatient basis whenever possible. If the juvenile is otherwise able to understand the charges against him and assist in his defense, a finding of incompetency cannot be made based solely on his age or developmental factors, his claim to be unable to remember the time period surrounding the alleged offense or the fact that he is under the influence of medication. Incompetent juveniles must receive restoration services. If the juvenile is likely to remain incompetent for the foreseeable future, the court shall order that the juvenile be committed, certified, the subject of a child in need of services petition, or released. The bill is modeled after the adult competency provisions and is a recommendation of the Commission on Youth pursuant to HJR 69 (1998). This bill is identical to HB 2043.
FULL TEXT
- 01/20/99 Senate: Presented & ordered printed 991821836 pdf
- 02/05/99 Senate: Printed as engrossed 991821836-E pdf
- 03/04/99 Senate: Bill text as passed Senate and House (SB1039ER) pdf
- 04/07/99 Senate: Reenrolled bill text (SB1039ER2) pdf
- 04/13/99 Governor: Acts of Assembly Chapter text (CHAP0958) pdf
AMENDMENTS
HISTORY
- 01/20/99 Senate: Presented & ordered printed 991821836
- 01/20/99 Senate: Referred to Committee for Courts of Justice
- 01/27/99 Senate: Reported from Courts of Justice w/amd. (14-Y 0-N)
- 01/27/99 Senate: Rereferred to Finance
- 02/03/99 Senate: Reported from Finance (17-Y 0-N)
- 02/04/99 Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/04/99 Senate: VOTE: CONST. RDG. DISPENSED R (39-Y 0-N)
- 02/05/99 Senate: Read second time
- 02/05/99 Senate: Reading of amendment waived
- 02/05/99 Senate: Committee amendment agreed to
- 02/05/99 Senate: Engrossed by Senate as amended
- 02/05/99 Senate: Printed as engrossed 991821836-E
- 02/05/99 Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/05/99 Senate: VOTE: CONST. RDG. DISPENSED R (39-Y 0-N)
- 02/05/99 Senate: Passed Senate (39-Y 0-N)
- 02/05/99 Senate: VOTE: PASSAGE R (39-Y 0-N)
- 02/05/99 Senate: Rec. of passage agreed to by Senate (40-Y 0-N)
- 02/05/99 Senate: VOTE: RECONSIDER R (40-Y 0-N)
- 02/05/99 Senate: Passed Senate (40-Y 0-N)
- 02/05/99 Senate: VOTE: PASSAGE R (40-Y 0-N)
- 02/05/99 Senate: Communicated to House
- 02/10/99 House: Placed on Calendar
- 02/10/99 House: Read first time
- 02/10/99 House: Referred to Committee for Courts of Justice
- 02/10/99 House: Assigned to C. J. sub-committee: 3
- 02/19/99 House: Reported from C. J. with amendments (24-Y 0-N)
- 02/22/99 House: Read second time
- 02/23/99 House: Read third time
- 02/23/99 House: Committee amendments agreed to
- 02/23/99 House: Engrossed by House as amended
- 02/23/99 House: Passed House with amendments (Block Vote) (98-Y 0-N)
- 02/23/99 House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
- 02/25/99 Senate: Reading of amendments waived
- 02/25/99 Senate: House amendments agreed to by Senate (40-Y 0-N)
- 02/25/99 Senate: VOTE: CONCUR HOUSE AMENDMENTS (40-Y 0-N)
- 03/04/99 Senate: Bill text as passed Senate and House (SB1039ER)
- 03/12/99 Senate: Enrolled
- 03/12/99 House: Signed by Speaker
- 03/15/99 Senate: Signed by President
- 03/29/99 Senate: Governor's recommendation received by Senate
- 04/07/99 Senate: Placed on Calendar
- 04/07/99 Senate: Senate concurred in Gov's recommendation (40-Y 0-N)
- 04/07/99 Senate: VOTE: ADOPT GOV. RECOMM. (40-Y 0-N)
- 04/07/99 House: House concurred in Gov. recomm. (Block Vote) (97-Y 0-N)
- 04/07/99 House: VOTE: BLOCK VOTE-ADOPTION (97-Y 0-N)
- 04/07/99 Governor: Governor's recommendation adopted
- 04/07/99 Senate: Reenrolled
- 04/07/99 Senate: Signed by President as reenrolled
- 04/07/99 House: Signed by Speaker as reenrolled
- 04/07/99 House: Enacted, Chapter 958 (effective 7/1/99)
- 04/07/99 Senate: Reenrolled bill text (SB1039ER2)
- 04/13/99 Governor: Acts of Assembly Chapter text (CHAP0958)