VA SB1137 | 2019 | Regular Session
Status
Spectrum: Partisan Bill (Democrat 1-0)
Status: Engrossed on January 16 2019 - 50% progression, died in committee
Action: 2019-02-19 - Left in Courts of Justice
Pending: House Courts of Justice Committee
Text: Latest bill text (Comm Sub) [HTML]
Status: Engrossed on January 16 2019 - 50% progression, died in committee
Action: 2019-02-19 - Left in Courts of Justice
Pending: House Courts of Justice Committee
Text: Latest bill text (Comm Sub) [HTML]
Summary
Death penalty; severe mental illness. Provides that a defendant in a capital case who had a severe mental illness, as defined in the bill, at the time of the offense is not eligible for the death penalty. The bill establishes procedures for determining whether a defendant had a severe mental illness at the time of the offense and provides for the appointment of expert evaluators. The bill provides that when the defendant's severe mental illness is at issue, a determination will be made by the jury or by the judge in a bench trial as part of the sentencing proceeding, and the defendant bears the burden of proving his severe mental illness by a preponderance of the evidence. The bill also provides that in the event the defendant fails to provide notice that he will offer testimony by an expert witness at such sentencing proceeding, the court may either allow the Commonwealth a continuance or, where the defendant is unable to show good cause for untimely notice, bar the defendant from presenting such evidence.
Title
Death penalty; severe mental illness.
Sponsors
Roll Calls
2019-02-15 - House - House: Subcommittee recommends passing by indefinitely (4-Y 1-N) (Y: 4 N: 1 NV: 3 Abs: 0) [FAIL]
2019-01-17 - Senate - Senate: Read third time and passed Senate (23-Y 17-N) (Y: 23 N: 17 NV: 0 Abs: 0) [PASS]
2019-01-15 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2019-01-14 - Senate - Senate: Reported from Courts of Justice with substitute (8-Y 6-N) (Y: 8 N: 6 NV: 0 Abs: 0) [PASS]
2019-01-17 - Senate - Senate: Read third time and passed Senate (23-Y 17-N) (Y: 23 N: 17 NV: 0 Abs: 0) [PASS]
2019-01-15 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2019-01-14 - Senate - Senate: Reported from Courts of Justice with substitute (8-Y 6-N) (Y: 8 N: 6 NV: 0 Abs: 0) [PASS]
History
Date | Chamber | Action |
---|---|---|
2019-02-19 | House | Left in Courts of Justice |
2019-02-15 | House | Subcommittee recommends passing by indefinitely (4-Y 1-N) |
2019-02-12 | House | Assigned Courts sub: Subcommittee #1 |
2019-01-21 | House | Referred to Committee for Courts of Justice |
2019-01-21 | House | Read first time |
2019-01-21 | House | Placed on Calendar |
2019-01-17 | Senate | Read third time and passed Senate (23-Y 17-N) |
2019-01-16 | Senate | Engrossed by Senate - committee substitute SB1137S1 |
2019-01-16 | Senate | Committee substitute agreed to 19104819D-S1 |
2019-01-16 | Senate | Reading of substitute waived |
2019-01-16 | Senate | Read second time |
2019-01-15 | Senate | Constitutional reading dispensed (40-Y 0-N) |
2019-01-14 | Senate | Committee substitute printed 19104819D-S1 |
2019-01-14 | Senate | Reported from Courts of Justice with substitute (8-Y 6-N) |
2018-12-30 | Senate | Referred to Committee for Courts of Justice |
2018-12-30 | Senate | Prefiled and ordered printed; offered 01/09/19 19102746D |
Code Citations
Chapter | Article | Section | Citation Type | Statute Text |
---|---|---|---|---|
19 | 2 | 264.3:1.3 | (n/a) | See Bill Text |
19 | 2 | 264.3:1.4 | (n/a) | See Bill Text |
19 | 2 | 264.3:1.5 | (n/a) | See Bill Text |
19 | 2 | 264.3:3 | (n/a) | See Bill Text |
19 | 2 | 264.4 | (n/a) | See Bill Text |