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2022 SESSION
SB 198 Disposition when defendant found incompetent; involuntary admission of the defendant.
Introduced by: T. Montgomery "Monty" Mason | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Disposition when defendant found incompetent; involuntary admission of the defendant. Provides that in cases where the defendant has been charged with a misdemeanor larceny-related offense or a misdemeanor offense for trespassing, destruction of property, intoxication in public, disorderly conduct, or failure to appear and is found to be incompetent following a competency evaluation, the competency report may recommend that the court direct the community services board or behavioral health authority to (i) conduct an evaluation to determine whether the defendant meets the criteria for temporary detention and (ii) upon determining that the defendant does meet the criteria for temporary detention, file a petition for issuance of an order for temporary detention of the defendant. Similarly, the bill provides that, in cases in which a defendant has been charged with one of the listed misdemeanors, is found to be incompetent, and the competency report recommends that the defendant be temporarily detained, the court may dismiss the charges without prejudice and, in lieu of ordering that the defendant receive treatment to restore his competency, order the community services board or behavioral health authority to conduct an evaluation of the defendant and if the board or authority determines that the defendant meets the criteria for temporary detention, file a petition for issuance of an order for temporary detention. The bill provides that the court shall not dismiss such charges and enter such order if the attorney for the Commonwealth is involved in the prosecution of the case and does not concur in the motion. Under current law, the court is required to order that the defendant receive treatment to restore his competency. The bill also clarifies the process following the completion of the competency evaluation of a defendant. The bill has an expiration date of July 1, 2023.
FULL TEXT
- 01/10/22 Senate: Prefiled and ordered printed; offered 01/12/22 22103547D pdf
- 02/07/22 Senate: Committee substitute printed 22105663D-S1 pdf | impact statement
- 03/07/22 House: Committee substitute printed 22107555D-H1 pdf | impact statement
- 03/12/22 Senate: Conference substitute printed 22107841D-S2 pdf
- 03/21/22 Senate: Bill text as passed Senate and House (SB198ER) pdf | impact statement
- 04/11/22 Governor: Acts of Assembly Chapter text (CHAP0508) pdf
AMENDMENTS
- House subcommittee amendments and substitutes offered
- House subcommittee amendments and substitutes adopted
- Senate subcommittee amendments and substitutes offered
- Senate committee, floor amendments and substitutes offered
- Conference amendments
HISTORY
- 01/10/22 Senate: Prefiled and ordered printed; offered 01/12/22 22103547D
- 01/10/22 Senate: Referred to Committee on the Judiciary
- 01/31/22 Senate: Assigned Judiciary sub: Criminal Law
- 02/07/22 Senate: Reported from Judiciary with substitute (14-Y 0-N)
- 02/07/22 Senate: Committee substitute printed 22105663D-S1
- 02/07/22 Senate: Rereferred to Finance and Appropriations
- 02/10/22 Senate: Reported from Finance and Appropriations (16-Y 0-N)
- 02/11/22 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/14/22 Senate: Read second time
- 02/14/22 Senate: Reading of substitute waived
- 02/14/22 Senate: Committee substitute agreed to 22105663D-S1
- 02/14/22 Senate: Engrossed by Senate - committee substitute SB198S1
- 02/14/22 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/14/22 Senate: Passed Senate (40-Y 0-N)
- 02/22/22 House: Placed on Calendar
- 02/22/22 House: Read first time
- 02/22/22 House: Referred to Committee for Courts of Justice
- 03/01/22 House: Assigned Courts sub: Subcommittee #1
- 03/04/22 House: Subcommittee recommends reporting with substitute (7-Y 1-N)
- 03/07/22 House: Reported from Courts of Justice with substitute (18-Y 2-N)
- 03/07/22 House: Committee substitute printed 22107555D-H1
- 03/08/22 House: Read second time
- 03/09/22 House: Read third time
- 03/09/22 House: Committee substitute agreed to 22107555D-H1
- 03/09/22 House: Engrossed by House - committee substitute SB198H1
- 03/09/22 House: Passed House with substitute (99-Y 0-N)
- 03/09/22 House: VOTE: Passage (99-Y 0-N)
- 03/10/22 Senate: House substitute rejected by Senate (0-Y 40-N)
- 03/10/22 House: House insisted on substitute
- 03/10/22 House: House requested conference committee
- 03/10/22 Senate: Senate acceded to request (40-Y 0-N)
- 03/10/22 Senate: Conferees appointed by Senate
- 03/10/22 Senate: Senators: Mason, Deeds, Stuart
- 03/10/22 House: Conferees appointed by House
- 03/10/22 House: Delegates: Bell, Ransone, Mullin
- 03/12/22 Conference: Amended by conference committee
- 03/12/22 Senate: Conference substitute printed 22107841D-S2
- 03/12/22 House: Conference report agreed to by House (95-Y 0-N)
- 03/12/22 House: VOTE: Adoption (95-Y 0-N)
- 03/12/22 Senate: Conference report agreed to by Senate (40-Y 0-N)
- 03/21/22 Senate: Enrolled
- 03/21/22 Senate: Bill text as passed Senate and House (SB198ER)
- 03/21/22 Senate: Signed by President
- 03/22/22 House: Signed by Speaker
- 03/22/22 Senate: Enrolled Bill Communicated to Governor on March 22, 2022
- 03/22/22 Governor: Governor's Action Deadline 11:59 p.m., April 11, 2022
- 04/11/22 Governor: Approved by Governor-Chapter 508 (effective 7/1/22)
- 04/11/22 Governor: Acts of Assembly Chapter text (CHAP0508)