SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2023 SESSION
HB 1908 Criminal proceedings; disposition when defendant found incompetent.
Introduced by: Patrick A. Hope | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Criminal proceedings; disposition when defendant found incompetent; evaluation for temporary detention. Requires a competency evaluation report, when ordered to determine whether a defendant charged with certain misdemeanors lacks capacity to stand trial, to identify whether the defendant should be evaluated to determine whether he meets the criteria for temporary detention in the event that he is found incompetent but restorable or incompetent for the foreseeable future. The bill allows the court, when an evaluation for temporary detention is recommended, to order the local community services board or behavioral health authority to conduct an evaluation of the defendant and, if the defendant meets the criteria for temporary detention, file a petition for a temporary detention order. The bill requires the community services board or behavioral health authority to notify the court, in writing, within 72 hours of the completion of the evaluation. In cases in which the defendant fails or refuses to appear for the evaluation, the bill requires the community services board or behavioral health authority to notify the court of such failure or refusal and requires the court to issue a mandatory examination order and capias directing the local primary law-enforcement agency to transport the defendant to the location designated by the community services board or behavioral health authority for examination. The bill repeals the sunset on the provisions of Chapter 508 of the Acts of Assembly of 2022, which also relate to competency and temporary detention evaluations. This bill is identical to SB 1507.
FULL TEXT
- 01/10/23 House: Prefiled and ordered printed; offered 01/11/23 23102233D pdf | impact statement
- 01/23/23 House: Committee substitute printed 23105100D-H1 pdf | impact statement
- 02/20/23 House: Bill text as passed House and Senate (HB1908ER) pdf | impact statement
- 03/22/23 Governor: Acts of Assembly Chapter text (CHAP0229) pdf
AMENDMENTS
HISTORY
- 01/10/23 House: Prefiled and ordered printed; offered 01/11/23 23102233D
- 01/10/23 House: Referred to Committee for Courts of Justice
- 01/19/23 House: Assigned Courts sub: Subcommittee #1
- 01/20/23 House: Subcommittee recommends reporting with substitute (8-Y 0-N)
- 01/23/23 House: Reported from Courts of Justice with substitute (19-Y 0-N)
- 01/23/23 House: Committee substitute printed 23105100D-H1
- 01/25/23 House: Read first time
- 01/26/23 House: Read second time
- 01/26/23 House: Committee substitute agreed to 23105100D-H1
- 01/26/23 House: Engrossed by House - committee substitute HB1908H1
- 01/27/23 House: Read third time and passed House BLOCK VOTE (98-Y 0-N)
- 01/27/23 House: VOTE: Block Vote Passage (98-Y 0-N)
- 01/30/23 Senate: Constitutional reading dispensed
- 01/30/23 Senate: Referred to Committee on the Judiciary
- 02/08/23 Senate: Reported from Judiciary with amendments (15-Y 0-N)
- 02/10/23 Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/13/23 Senate: Read third time
- 02/13/23 Senate: Reading of amendments waived
- 02/13/23 Senate: Committee amendments agreed to
- 02/13/23 Senate: Engrossed by Senate as amended
- 02/13/23 Senate: Passed Senate with amendments (40-Y 0-N)
- 02/15/23 House: Senate amendments agreed to by House (98-Y 0-N)
- 02/15/23 House: VOTE: Adoption (98-Y 0-N)
- 02/20/23 House: Enrolled
- 02/20/23 House: Bill text as passed House and Senate (HB1908ER)
- 02/20/23 House: Signed by Speaker
- 02/21/23 Senate: Signed by President
- 03/02/23 House: Enrolled Bill communicated to Governor on March 2, 2023
- 03/02/23 Governor: Governor's Action Deadline 11:59 p.m., March 27, 2023
- 03/22/23 Governor: Approved by Governor-Chapter 229 (effective 7/1/23)
- 03/22/23 Governor: Acts of Assembly Chapter text (CHAP0229)