Virginia 2020 Regular Session Status: In Committee

HB 280 — Death penalty; severe mental illness.

Last action — Left in Courts of Justice

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House of Delegates
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Death penalty; severe mental illness. Providesthat 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 eligiblefor the death penalty. The bill establishes procedures for determiningwhether a defendant had a severe mental illness at the time of theoffense and provides for the appointment of expert evaluators. Thebill provides that when the defendant's severe mental illness isat issue, a determination will be made by the jury or by the judgein a bench trial as part of the sentencing proceeding, and the defendantbears the burden of proving his severe mental illness by a preponderanceof the evidence. The bill also provides that in the event the defendantfails to provide notice that he will offer testimony by an expertwitness at such sentencing proceeding, the court may either allowthe Commonwealth a continuance or, where the defendant is unableto show good cause for untimely notice, bar the defendant from presentingsuch evidence.

Bill Text

  • Impact statement from VCSC (HB280) View text Current html December 30, 2019

Action History

  1. Left in Courts of Justice

  2. Impact statement from DPB (HB280)

  3. Impact statement from VCSC (HB280)

  4. Referred to Committee for Courts of Justice

  5. Prefiled and ordered printed; offered 01/08/20 20101652D

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 147 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

What does HB 280 do?
Death penalty; severe mental illness. Providesthat 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 eligiblefor the death penalty. The bill establishes procedures for determiningwhether a defendant had a severe mental illness at the time of theoffense and provides for the appointment of expert evaluators. Thebill provides that when the defendant's severe mental illness isat issue, a determination will be made by the jury or by the judgein a bench trial as part of the sentencing proceeding, and the defendantbears the burden of proving his severe mental illness by a preponderanceof the evidence. The bill also provides that in the event the defendantfails to provide notice that he will offer testimony by an expertwitness at such sentencing proceeding, the court may either allowthe Commonwealth a continuance or, where the defendant is unableto show good cause for untimely notice, bar the defendant from presentingsuch evidence.
Who sponsors HB 280?
HB 280 is sponsored by Patrick A. Hope.
What is the current status of HB 280?
This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 280?
Track HB 280 free on One Click Politics — get push/email alerts when it moves.

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