Bill Sponsor
Virginia House Bill 2047
Session 2021
Criminal proceedings; consideration of mental condition and intellectual, etc.
Became Law
Became Law
Became Law on Apr 7, 2021
First Action
Jan 12, 2021
Latest Action
Apr 7, 2021
Origin Chamber
House
Type
Bill
Bill Number
2047
State
Virginia
Session
2021
Sponsorship by Party
House Votes (7)
Senate Votes (8)
Motion Text
VOTE: Adoption (71-Y 29-N)
House Roll Call Votes
Summary
Criminal proceedings; consideration of mental condition and intellectual and developmental disabilities. Permits the admission of evidence concerning a defendant's mental condition at the time of an alleged offense, including expert testimony, 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. 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) 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 or (b) an intellectual or developmental disability. 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 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. Criminal proceedings; consideration of mentalcondition and intellectual and developmental disabilities. Permitsthe admission of evidence concerning a defendant's mental conditionat the time of an alleged offense, including expert testimony, ifsuch evidence (i) tends to show the defendant did or did not havethe 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 present such evidence, the bill requires him or his counsel to give notice in writing to the attorney forthe Commonwealth. The bill also clarifies that a diagnosis of anintellectual or developmental disability shall be considered by ajudicial officer for the purpose of rebuttal of a presumption againstbail and that a court may order that a sentencing report preparedby a probation officer contain any diagnosis of an intellectual ordevelopmental disability.
Text (6)
04/07/2021
House
Enacted, Chapter 540 (effective 7/1/21)
04/07/2021
Senate
Signed by President as reenrolled
04/07/2021
House
Signed by Speaker as reenrolled
04/07/2021
House
Reenrolled bill text (HB2047ER2)
04/07/2021
House
Reenrolled
04/07/2021
Office of the Governor
Governor's recommendation adopted
04/07/2021
Senate
Senate concurred in Governor's recommendation (24-Y 16-N)
04/07/2021
House
VOTE: Adoption (71-Y 29-N)
04/07/2021
House
House concurred in Governor's recommendation (71-Y 29-N)
04/07/2021
House
Placed on Calendar
03/31/2021
House
Governor's substitute printed 21200904D-H3
03/31/2021
House
Governor's recommendation received by House
03/15/2021
Office of the Governor
Governor's Action Deadline 11:59 p.m., March 31, 2021
03/15/2021
House
Enrolled Bill communicated to Governor on March 15, 2021
03/11/2021
House
Signed by Speaker
03/10/2021
House
Impact statement from DPB (HB2047ER)
03/09/2021
Senate
Signed by President
03/09/2021
House
Enrolled
03/04/2021
House
Impact statement from DPB (HB2047H2)
02/27/2021
Senate
Conference report agreed to by Senate (26-Y 13-N)
02/27/2021
House
VOTE: Agreed To (65-Y 33-N)
02/27/2021
House
Conference report agreed to by House (65-Y 33-N)
02/27/2021
House
Conference substitute printed 21200769D-H2
02/27/2021
Virginia General Assembly
Amended by conference committee
02/25/2021
Senate
Conferees appointed by Senate
02/24/2021
House
Conferees appointed by House
02/24/2021
House
House acceded to request
02/23/2021
Senate
Senate requested conference committee
02/23/2021
Senate
Senate insisted on substitute (39-Y 0-N)
02/22/2021
House
VOTE: REJECTED (0-Y 96-N)
02/22/2021
House
Senate substitute rejected by House 21200083D-S1 (0-Y 96-N)
02/22/2021
House
Placed on Calendar
02/18/2021
Senate
Passed Senate with substitute (25-Y 14-N)
02/18/2021
Senate
Engrossed by Senate - committee substitute HB2047S1
02/18/2021
Senate
Committee substitute agreed to 21200083D-S1
02/18/2021
Senate
Reading of substitute waived
02/18/2021
Senate
Read third time
02/17/2021
Senate
Reported from Finance and Appropriations (11-Y 4-N)
02/17/2021
Senate
Constitutional reading dispensed (39-Y 0-N)
02/12/2021
House
Impact statement from DPB (HB2047S1)
02/10/2021
Senate
Rereferred to Finance and Appropriations
02/10/2021
Senate
Reported from Judiciary with substitute (9-Y 6-N)
02/10/2021
Senate
Committee substitute printed 21200083D-S1
02/05/2021
Senate
Continued to 2021 Sp. Sess. 1 in Judiciary (14-Y 0-N)
02/04/2021
Senate
Referred to Committee on the Judiciary
02/04/2021
Senate
Constitutional reading dispensed
02/03/2021
House
Impact statement from DPB (HB2047H1)
02/03/2021
House
VOTE: Block Vote Passage #2 (99-Y 0-N)
02/03/2021
House
Passed House BLOCK VOTE (99-Y 0-N)
02/03/2021
House
Reconsideration of passage agreed to by House
02/03/2021
House
VOTE: Block Vote Passage (98-Y 0-N 1-A)
02/03/2021
House
Read third time and passed House BLOCK VOTE (98-Y 0-N 1-A)
02/02/2021
House
Engrossed by House - committee substitute HB2047H1
02/02/2021
House
Committee substitute agreed to 21103892D-H1
02/02/2021
House
Read second time
02/01/2021
House
Read first time
01/29/2021
House
Reported from Courts of Justice with substitute (22-Y 0-N)
01/29/2021
House
Committee substitute printed 21103892D-H1
01/27/2021
House
Subcommittee recommends reporting with substitute (8-Y 0-N)
01/27/2021
House
House subcommittee amendments and substitutes offered
01/26/2021
House
Impact statement from DPB (HB2047)
01/14/2021
House
Assigned Courts sub: Criminal
01/12/2021
House
Referred to Committee for Courts of Justice
01/12/2021
House
Prefiled and ordered printed; offered 01/13/21 21101702D
Sources
Record Created
Jan 13, 2021 9:03:13 AM
Record Updated
Apr 14, 2021 6:05:36 PM