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2021 SESSION
SB 1315 Criminal proceedings; consideration of mental condition & intellectual & developmental disabilities.
Introduced by: Jennifer L. McClellan | all patrons ... notes | add to my profiles
SUMMARY AS PASSED SENATE: (all summaries)
Criminal proceedings; consideration of mental condition and intellectual and developmental disabilities. Permits the admission of evidence offered by the defendant concerning a defendant's mental condition at the time of an alleged offense, including expert testimony, is relevant, is not evidence concerning an ultimate issue of fact, 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. If a defendant intends to introduce such evidence, the bill requires him or his counsel to give notice in writing to the attorney for the Commonwealth. 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 diagnoses of an intellectual or developmental disability. Lastly, the bill 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. This bill incorporates SB 1383.
FULL TEXT
- 01/12/21 Senate: Prefiled and ordered printed; offered 01/13/21 21102652D pdf | impact statement
- 01/27/21 Senate: Committee substitute printed 21103834D-S1 pdf | impact statement
AMENDMENTS
HISTORY
- 01/12/21 Senate: Prefiled and ordered printed; offered 01/13/21 21102652D
- 01/12/21 Senate: Referred to Committee on the Judiciary
- 01/27/21 Senate: Incorporates SB1383 (Favola)
- 01/27/21 Senate: Committee substitute printed 21103834D-S1
- 01/27/21 Senate: Reported from Judiciary with substitute (8-Y 3-N)
- 01/27/21 Senate: Rereferred to Finance and Appropriations
- 02/03/21 Senate: Reported from Finance and Appropriations (15-Y 1-N)
- 02/03/21 Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/04/21 Senate: Read second time
- 02/04/21 Senate: Reading of substitute waived
- 02/04/21 Senate: Committee substitute agreed to 21103834D-S1
- 02/04/21 Senate: Engrossed by Senate - committee substitute SB1315S1
- 02/05/21 Senate: Passed by temporarily
- 02/05/21 Senate: Read third time and passed Senate (25-Y 13-N)
- 02/07/21 House: Placed on Calendar
- 02/07/21 House: Read first time
- 02/07/21 House: Referred to Committee for Courts of Justice
- 02/08/21 House: Continued to Special Session 1 in Courts of Justice by voice vote