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2021 SPECIAL SESSION I
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 ENACTED WITH GOVERNOR'S RECOMMENDATION: (all summaries)
Criminal proceedings; consideration of mental condition and intellectual and developmental disabilities. Permits the admission of evidence by the defendant concerning a defendant's mental condition at the time of an alleged offense, including expert testimony, if such evidence is relevant and is not evidence concerning an ultimate issue of fact and (i) tends to show the defendant did or did not have the intent 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) a mental illness, as defined in the bill; (b) an intellectual or developmental disability, as defined in the bill; or (c) 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. 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 court, in addition to a magistrate, may enter an emergency custody order in such cases if the criteria required under current law for emergency custody orders are met.
The bill 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.
Finally, the bill requires the Office of the Executive Secretary of the Supreme Court to collect data regarding the cases that use the evidence made permissible in the bill and the Joint Subcommittee to Study Mental Health Services in the Commonwealth in the 21st Century to study and make recommendations about the standard of danger to self or others that may be appropriately applied for such persons found not guilty under the provisions of the bill in the issuance of emergency custody orders, involuntary temporary detention orders, or the ordering of other mandatory mental health treatments. This bill is identical to SB 1315.
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
- 02/10/21 Senate: Committee substitute printed 21200083D-S1 pdf | impact statement
- 02/27/21 House: Conference substitute printed 21200769D-H2 pdf | impact statement
- 03/09/21 House: Bill text as passed House and Senate (HB2047ER) pdf | impact statement
- 03/31/21 House: Governor's substitute printed 21200904D-H3 pdf
- 04/07/21 House: Reenrolled bill text (HB2047ER2) pdf
- 04/07/21 Governor: Acts of Assembly Chapter text (CHAP0540) pdf
AMENDMENTS
- House subcommittee amendments and substitutes offered
- House subcommittee amendments and substitutes adopted
- Conference amendments
- Governor's recommendation
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)
- 02/10/21 Senate: Committee substitute printed 21200083D-S1
- 02/10/21 Senate: Reported from Judiciary with substitute (9-Y 6-N)
- 02/10/21 Senate: Rereferred to Finance and Appropriations
- 02/17/21 Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/17/21 Senate: Reported from Finance and Appropriations (11-Y 4-N)
- 02/18/21 Senate: Read third time
- 02/18/21 Senate: Reading of substitute waived
- 02/18/21 Senate: Committee substitute agreed to 21200083D-S1
- 02/18/21 Senate: Engrossed by Senate - committee substitute HB2047S1
- 02/18/21 Senate: Passed Senate with substitute (25-Y 14-N)
- 02/22/21 House: Placed on Calendar
- 02/22/21 House: Senate substitute rejected by House 21200083D-S1 (0-Y 96-N)
- 02/22/21 House: VOTE: REJECTED (0-Y 96-N)
- 02/23/21 Senate: Senate insisted on substitute (39-Y 0-N)
- 02/23/21 Senate: Senate requested conference committee
- 02/24/21 House: House acceded to request
- 02/24/21 House: Conferees appointed by House
- 02/24/21 House: Delegates: Bourne, Watts, Coyner
- 02/25/21 Senate: Conferees appointed by Senate
- 02/25/21 Senate: Senators: Deeds, McClellan, Stuart
- 02/27/21 Conference: Amended by conference committee
- 02/27/21 House: Conference substitute printed 21200769D-H2
- 02/27/21 House: Conference report agreed to by House (65-Y 33-N)
- 02/27/21 House: VOTE: Agreed To (65-Y 33-N)
- 02/27/21 Senate: Conference report agreed to by Senate (26-Y 13-N)
- 03/09/21 House: Enrolled
- 03/09/21 Senate: Signed by President
- 03/09/21 House: Bill text as passed House and Senate (HB2047ER)
- 03/11/21 House: Signed by Speaker
- 03/15/21 House: Enrolled Bill communicated to Governor on March 15, 2021
- 03/15/21 Governor: Governor's Action Deadline 11:59 p.m., March 31, 2021
- 03/31/21 House: Governor's recommendation received by House
- 03/31/21 House: Governor's substitute printed 21200904D-H3
- 04/07/21 House: Placed on Calendar
- 04/07/21 House: House concurred in Governor's recommendation (71-Y 29-N)
- 04/07/21 House: VOTE: Adoption (71-Y 29-N)
- 04/07/21 Senate: Senate concurred in Governor's recommendation (24-Y 16-N)
- 04/07/21 Governor: Governor's recommendation adopted
- 04/07/21 House: Reenrolled
- 04/07/21 House: Reenrolled bill text (HB2047ER2)
- 04/07/21 House: Signed by Speaker as reenrolled
- 04/07/21 Senate: Signed by President as reenrolled
- 04/07/21 House: Enacted, Chapter 540 (effective 7/1/21)
- 04/07/21 Governor: Acts of Assembly Chapter text (CHAP0540)