VA SB198 | 2022 | Regular Session
Status
Completed Legislative Action
Spectrum: Partisan Bill (Democrat 1-0)
Status: Passed on April 11 2022 - 100% progression
Action: 2022-04-11 - Governor: Acts of Assembly Chapter text (CHAP0508)
Text: Latest bill text (Chaptered) [HTML]
Spectrum: Partisan Bill (Democrat 1-0)
Status: Passed on April 11 2022 - 100% progression
Action: 2022-04-11 - Governor: Acts of Assembly Chapter text (CHAP0508)
Text: Latest bill text (Chaptered) [HTML]
Summary
Disposition when defendant found incompetent; involuntary admission of the defendant. Provides that in cases where the defendant has been charged with a misdemeanor larceny-related offense or a misdemeanor offense for trespassing, destruction of property, intoxication in public, disorderly conduct, or failure to appear and is found to be incompetent following a competency evaluation, the competency report may recommend that the court direct the community services board or behavioral health authority to (i) conduct an evaluation to determine whether the defendant meets the criteria for temporary detention and (ii) upon determining that the defendant does meet the criteria for temporary detention, file a petition for issuance of an order for temporary detention of the defendant. Similarly, the bill provides that, in cases in which a defendant has been charged with one of the listed misdemeanors, is found to be incompetent, and the competency report recommends that the defendant be temporarily detained, the court may dismiss the charges without prejudice and, in lieu of ordering that the defendant receive treatment to restore his competency, order the community services board or behavioral health authority to conduct an evaluation of the defendant and if the board or authority determines that the defendant meets the criteria for temporary detention, file a petition for issuance of an order for temporary detention. The bill provides that the court shall not dismiss such charges and enter such order if the attorney for the Commonwealth is involved in the prosecution of the case and does not concur in the motion. Under current law, the court is required to order that the defendant receive treatment to restore his competency. The bill also clarifies the process following the completion of the competency evaluation of a defendant. The bill has an expiration date of July 1, 2023. Disposition when defendant found incompetent; involuntary admission of the defendant. Provides that in cases where the defendant has been charged with a misdemeanor larceny-related offense or a misdemeanor offense for trespassing, destruction of property, intoxication in public, disorderly conduct, or failure to appear and is found to be incompetent following a competency evaluation, the competency report may recommend that the court direct the community services board or behavioral health authority to (i) conduct an evaluation to determine whether the defendant meets the criteria for temporary detention and (ii) upon determining that the defendant does meet the criteria for temporary detention, file a petition for issuance of an order for temporary detention of the defendant. Similarly, the bill provides that, in cases in which a defendant has been charged with one of the listed misdemeanors, is found to be incompetent, and the competency report recommends that the defendant be temporarily detained, the court may dismiss the charges without prejudice and, in lieu of ordering that the defendant receive treatment to restore his competency, order the community services board or behavioral health authority to conduct an evaluation of the defendant and if the board or authority determines that the defendant meets the criteria for temporary detention, file a petition for issuance of an order for temporary detention. The bill provides that the court shall not dismiss such charges and enter such order if the attorney for the Commonwealth is involved in the prosecution of the case and does not concur in the motion. Under current law, the court is required to order that the defendant receive treatment to restore his competency. The bill also clarifies the process following the completion of the competency evaluation of a defendant. The bill has an expiration date of July 1, 2023.
Title
Disposition when defendant found incompetent; involuntary admission of the defendant.
Sponsors
| Sen. Monty Mason [D] |
Roll Calls
2022-03-12 - Senate - Senate: Conference report agreed to by Senate (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2022-03-12 - House - House: VOTE: Adoption (95-Y 0-N) (Y: 95 N: 0 NV: 0 Abs: 5) [PASS]
2022-03-10 - Senate - Senate: Senate acceded to request (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2022-03-10 - Senate - Senate: House substitute rejected by Senate (0-Y 40-N) (Y: 0 N: 40 NV: 0 Abs: 0) [FAIL]
2022-03-09 - House - House: VOTE: Passage (99-Y 0-N) (Y: 99 N: 0 NV: 0 Abs: 1) [PASS]
2022-03-07 - House - House: Reported from Courts of Justice with substitute (18-Y 2-N) (Y: 18 N: 2 NV: 0 Abs: 0) [PASS]
2022-03-04 - House - House: Subcommittee recommends reporting with substitute (7-Y 1-N) (Y: 7 N: 1 NV: 0 Abs: 0) [PASS]
2022-02-14 - Senate - Senate: Passed Senate (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2022-02-14 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2022-02-11 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2022-02-10 - Senate - Senate: Reported from Finance and Appropriations (16-Y 0-N) (Y: 16 N: 0 NV: 0 Abs: 0) [PASS]
2022-02-07 - Senate - Senate: Reported from Judiciary with substitute (14-Y 0-N) (Y: 14 N: 0 NV: 0 Abs: 0) [PASS]
2022-03-12 - House - House: VOTE: Adoption (95-Y 0-N) (Y: 95 N: 0 NV: 0 Abs: 5) [PASS]
2022-03-10 - Senate - Senate: Senate acceded to request (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2022-03-10 - Senate - Senate: House substitute rejected by Senate (0-Y 40-N) (Y: 0 N: 40 NV: 0 Abs: 0) [FAIL]
2022-03-09 - House - House: VOTE: Passage (99-Y 0-N) (Y: 99 N: 0 NV: 0 Abs: 1) [PASS]
2022-03-07 - House - House: Reported from Courts of Justice with substitute (18-Y 2-N) (Y: 18 N: 2 NV: 0 Abs: 0) [PASS]
2022-03-04 - House - House: Subcommittee recommends reporting with substitute (7-Y 1-N) (Y: 7 N: 1 NV: 0 Abs: 0) [PASS]
2022-02-14 - Senate - Senate: Passed Senate (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2022-02-14 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2022-02-11 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2022-02-10 - Senate - Senate: Reported from Finance and Appropriations (16-Y 0-N) (Y: 16 N: 0 NV: 0 Abs: 0) [PASS]
2022-02-07 - Senate - Senate: Reported from Judiciary with substitute (14-Y 0-N) (Y: 14 N: 0 NV: 0 Abs: 0) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2022-04-11 | Governor: Acts of Assembly Chapter text (CHAP0508) | |
| 2022-04-11 | Governor: Approved by Governor-Chapter 508 (effective 7/1/22) | |
| 2022-03-22 | Governor: Governor's Action Deadline 11:59 p.m., April 11, 2022 | |
| 2022-03-22 | Senate | Enrolled Bill Communicated to Governor on March 22, 2022 |
| 2022-03-22 | House | Signed by Speaker |
| 2022-03-21 | Senate | Signed by President |
| 2022-03-21 | Senate | Bill text as passed Senate and House (SB198ER) |
| 2022-03-21 | Senate | Enrolled |
| 2022-03-12 | Senate | Conference report agreed to by Senate (40-Y 0-N) |
| 2022-03-12 | House | VOTE: Adoption (95-Y 0-N) |
| 2022-03-12 | House | Conference report agreed to by House (95-Y 0-N) |
| 2022-03-12 | Senate | Conference substitute printed 22107841D-S2 |
| 2022-03-12 | Conference: Amended by conference committee | |
| 2022-03-10 | House | Delegates: Bell, Ransone, Mullin |
| 2022-03-10 | House | Conferees appointed by House |
| 2022-03-10 | Senate | Senators: Mason, Deeds, Stuart |
| 2022-03-10 | Senate | Conferees appointed by Senate |
| 2022-03-10 | Senate | Senate acceded to request (40-Y 0-N) |
| 2022-03-10 | House | House requested conference committee |
| 2022-03-10 | House | House insisted on substitute |
| 2022-03-10 | Senate | House substitute rejected by Senate (0-Y 40-N) |
| 2022-03-09 | House | VOTE: Passage (99-Y 0-N) |
| 2022-03-09 | House | Passed House with substitute (99-Y 0-N) |
| 2022-03-09 | House | Engrossed by House - committee substitute SB198H1 |
| 2022-03-09 | House | Committee substitute agreed to 22107555D-H1 |
| 2022-03-09 | House | Read third time |
| 2022-03-08 | House | Read second time |
| 2022-03-07 | House | Committee substitute printed 22107555D-H1 |
| 2022-03-07 | House | Reported from Courts of Justice with substitute (18-Y 2-N) |
| 2022-03-04 | House | Subcommittee recommends reporting with substitute (7-Y 1-N) |
| 2022-03-01 | House | Assigned Courts sub: Subcommittee #1 |
| 2022-02-22 | House | Referred to Committee for Courts of Justice |
| 2022-02-22 | House | Read first time |
| 2022-02-22 | House | Placed on Calendar |
| 2022-02-14 | Senate | Passed Senate (40-Y 0-N) |
| 2022-02-14 | Senate | Constitutional reading dispensed (40-Y 0-N) |
| 2022-02-14 | Senate | Engrossed by Senate - committee substitute SB198S1 |
| 2022-02-14 | Senate | Committee substitute agreed to 22105663D-S1 |
| 2022-02-14 | Senate | Reading of substitute waived |
| 2022-02-14 | Senate | Read second time |
| 2022-02-11 | Senate | Constitutional reading dispensed (40-Y 0-N) |
| 2022-02-10 | Senate | Reported from Finance and Appropriations (16-Y 0-N) |
| 2022-02-07 | Senate | Rereferred to Finance and Appropriations |
| 2022-02-07 | Senate | Committee substitute printed 22105663D-S1 |
| 2022-02-07 | Senate | Reported from Judiciary with substitute (14-Y 0-N) |
| 2022-01-31 | Senate | Assigned Judiciary sub: Criminal Law |
| 2022-01-10 | Senate | Referred to Committee on the Judiciary |
| 2022-01-10 | Senate | Prefiled and ordered printed; offered 01/12/22 22103547D |
Subjects
Code Citations
| Chapter | Article | Section | Citation Type | Statute Text |
|---|---|---|---|---|
| 19 | 2 | 169.1 | (n/a) | See Bill Text |
| 19 | 2 | 169.2 | (n/a) | See Bill Text |
| 37 | 2 | 809 | (n/a) | See Bill Text |
