SB1315
Criminal proceedings; consideration of mental condition & intellectual & developmental disabilities.
Summary
As Passed House of Origin. 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 ... (More) 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. (Less)-
Bill History
- 01/12/2021 - Senate: Prefiled and ordered printed; offered 01/13/21 21102652D
- 01/12/2021 - Senate: Referred to Committee on the Judiciary
- 01/26/2021 - Senate: Impact statement from DPB (SB1315)
- 01/27/2021 - Senate: Senate committee, floor amendments and substitutes offered
- 01/27/2021 - Senate: Reported from Judiciary with substitute (8-Y 3-N)
- 01/27/2021 - Senate: Incorporates SB1383 (Favola)
- 01/27/2021 - Senate: Committee substitute printed 21103834D-S1
- 01/27/2021 - Senate: Rereferred to Finance and Appropriations
- 02/03/2021 - Senate: Impact statement from DPB (SB1315S1)
- 02/03/2021 - Senate: Reported from Finance and Appropriations (15-Y 1-N)
- 02/03/2021 - Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/04/2021 - Senate: Read second time
- 02/04/2021 - Senate: Reading of substitute waived
- 02/04/2021 - Senate: Committee substitute agreed to 21103834D-S1
- 02/04/2021 - Senate: Engrossed by Senate - committee substitute SB1315S1
- 02/05/2021 - Senate: Passed by temporarily
- 02/05/2021 - Senate: Read third time and passed Senate (25-Y 13-N) Close Floor Vote
- 02/07/2021 - House: Placed on Calendar
- 02/07/2021 - House: Read first time
- 02/07/2021 - House: Referred to Committee for Courts of Justice
- 02/08/2021 - House: Continued to Special Session 1 in Courts of Justice
- 02/10/2021 - House: In Committee for Courts of Justice
- 02/18/2021 - House: Assigned Courts sub: Criminal
- 02/19/2021 - House: House subcommittee amendments and substitutes offered
- 02/19/2021 - House: Subcommittee recommends reporting with substitute (4-Y 4-N)
- 02/19/2021 - House: Subcommittee recommends reporting with substitute (4-Y 4-N)
- 02/20/2021 - House: House committee, floor amendments and substitutes offered
- 02/20/2021 - House: Reported from Courts of Justice with substitute (22-Y 0-N)
- 02/20/2021 - House: Committee substitute printed 21200174D-H1
- 02/23/2021 - Senate: Impact statement from DPB (SB1315H1)
- 02/23/2021 - House: Read second time
- 02/24/2021 - House: Read third time
- 02/24/2021 - House: Committee substitute agreed to 21200174D-H1
- 02/24/2021 - House: Engrossed by House - committee substitute SB1315H1
- 02/24/2021 - House: Passed House with substitute (95-Y 3-N)
- 02/24/2021 - House: VOTE: Passage (95-Y 3-N)
- 02/25/2021 - Senate: House substitute rejected by Senate (2-Y 37-N)
- 02/25/2021 - Senate: Reconsideration of House substitute agreed to by Senate (39-Y 0-N)
- 02/25/2021 - Senate: House substitute rejected by Senate (0-Y 39-N)
- 02/25/2021 - House: House insisted on substitute
- 02/25/2021 - House: House requested conference committee
- 02/25/2021 - Senate: Senate acceded to request (37-Y 0-N)
- 02/25/2021 - Senate: Conferees appointed by Senate
- 02/25/2021 - Senate: Senators: McClellan, Deeds, Stuart
- 02/25/2021 - House: Conferees appointed by House
- 02/25/2021 - House: Delegates: Mullin, Watts, Coyner
- 02/27/2021 - Conference: Amended by conference committee
- 02/27/2021 - Senate: Conference substitute printed 21200765D-S2
- 02/27/2021 - House: Conference report agreed to by House (64-Y 35-N)
- 02/27/2021 - House: VOTE: Agreed To (64-Y 35-N) Close Floor Vote
- 02/27/2021 - Senate: Conference report agreed to by Senate (27-Y 12-N)
- 03/04/2021 - Senate: Impact statement from DPB (SB1315S2)
- 03/09/2021 - Senate: Enrolled
- 03/09/2021 - Senate: Signed by President
- 03/09/2021 - Senate: Bill text as passed Senate and House (SB1315ER)
- 03/10/2021 - Senate: Impact statement from DPB (SB1315ER)
- 03/11/2021 - House: Signed by Speaker
- 03/15/2021 - Senate: Enrolled Bill Communicated to Governor on March 15, 2021
- 03/15/2021 - Governor: Governor's Action Deadline 11:59 p.m., March 31, 2021
- 03/31/2021 - Senate: Governor's recommendation received by Senate
- 03/31/2021 - Senate: Governor's substitute printed 21200908D-S3
- 04/07/2021 - Senate: Senate concurred in Governor's recommendation (25-Y 15-N) Close Floor Vote
- 04/07/2021 - House: House concurred in Governor's recommendation (65-Y 35-N)
- 04/07/2021 - House: VOTE: Agree To (65-Y 35-N) Close Floor Vote
- 04/07/2021 - Governor: Governor's recommendation adopted
- 04/07/2021 - Senate: Reenrolled
- 04/07/2021 - Senate: Reenrolled bill text (SB1315ER2)
- 04/07/2021 - Senate: Signed by President as reenrolled
- 04/07/2021 - Senate: Signed by President as reenrolled
- 04/07/2021 - House: Enacted, Chapter 523 (effective 7/1/21)
- 04/07/2021 - Governor: Acts of Assembly Chapter text (CHAP0523)
