Criminal cases; ex parte requests for expert assistance.
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SB 806 — Criminal cases; ex parte requests for expert assistance.
Last action — Left in Appropriations
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House of Delegates
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5To Executive
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6Enacted
This bill died with 2020 Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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
Ex parte requests for investigative services or expert assistance in criminal cases. Allows a defendant or his attorney, when such defendant is charged with a felony offense or Class 1 misdemeanor and is financially unable to pay for expert assistance, to move the circuit court to designate another judge in the same circuit to hear an ex parte request for appointment of a qualified expert to assist in the preparation of the defendant's defense. Upon receiving the defendant's or his attorney's declaration of need for confidentiality, the designated ex parte judge shall conduct an ex parte hearing on the request for authorization to obtain expert assistance. After a hearing upon the motion and upon a showing that the provision of the requested expert services would materially assist the defendant in preparing his defense and the denial of such services would result in a fundamentally unfair trial, the court shall order the appointment of a qualified expert. The provisions of the bill are contingent on funding in a general appropriation act.
Bill Text
What changed in the latest version
1 added · 1 removedPlain-language change summary
The bill SB 806 has been updated to include a new provision, replacing an older one. Specifically, a certain line has been added while another has been removed. This change is important as it may reflect a shift in the bill's focus or objectives, potentially impacting how the legislation will be implemented or enforced. Ultimately, it aims to improve the effectiveness of the law for those it affects.
74.220.50.4874.220.50.216
View plain text versions (4)
- Impact statement from DPB (SB806H1) View text Current html February 19, 2020
- Committee Substitute Engrossed by Senate - committee substitute with amendment SB806ES1 html February 11, 2020
- SB806S1 View text html February 05, 2020
- Committee Substitute Engrossed by Senate - committee substitute with amendment SB806ES1 html January 08, 2020
Action History
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Left in Appropriations
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Impact statement from DPB (SB806H1)
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Referred to Committee on Appropriations
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Committee substitute printed 20108512D-H1
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Reported from Courts of Justice with substitute (20-Y 1-N)
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Subcommittee recommends reporting with substitute (7-Y 1-N)
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Impact statement from DPB (SB806ES1)
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Assigned Courts sub: Criminal
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Referred to Committee for Courts of Justice
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Read first time
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Placed on Calendar
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Passed Senate (35-Y 4-N)
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Constitutional reading dispensed (40-Y 0-N)
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Printed as engrossed 20107692D-ES1
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Engrossed by Senate - committee substitute with amendment SB806ES1
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Committee amendment agreed to
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Reading of amendment waived
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Committee substitute agreed to 20107692D-S1
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Reading of substitute waived
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Read second time
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Constitutional reading dispensed (36-Y 0-N)
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Reported from Finance and Appropriations with amendment (15-Y 1-N)
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Rereferred to Finance and Appropriations
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Committee substitute printed 20107692D-S1
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Reported from Judiciary with substitute (12-Y 3-N)
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Assigned Judiciary sub: Criminal Law
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Referred to Committee on the Judiciary
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Prefiled and ordered printed; offered 01/08/20 20103178D
Sponsors
- Joseph D. Morrissey · Primary
- R. Creigh Deeds · Cosponsor
- Patrick A. Hope · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 2 co-sponsors · 145 not signed on · 6 voted No
Sponsors (1)
- Joseph D. Morrissey
Co-sponsors (2)
Not signed on (145)
145 members have not signed on to this bill.
Show all 145 →"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.
Votes
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 20 | 1 | 0 | 1 |
| Total | 20 | 1 | 0 | 1 |
| % of votes cast | 91% | 5% | 0% | 5% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Lindsey, Joseph C. | — | Yea |
| Collins, Christopher E. | — | Yea |
| Adams, Les R. | — | Yea |
| Bell, Robert B. | — | Nay |
| Bourne, Jeffrey M. | — | Yea |
| Campbell, Jeffrey L. | — | Yea |
| Campbell, Ronnie R. | — | Not Voting |
| Carroll Foy, Jennifer D. | — | Yea |
| Charniele L. Herring | — | Yea |
| Don Scott | — | Yea |
| Heretick, Steve E. | — | Yea |
| James A. "Jay" Leftwich | — | Yea |
| Karrie K. Delaney | — | Yea |
| Levine, Mark H. | — | Yea |
| Marcus B. Simon | — | Yea |
| Miyares, Jason S. | — | Yea |
| Mullin, Michael P. | — | Yea |
| Patrick A. Hope | — | Yea |
| Ransone, Margaret B. | — | Yea |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Terry G. Kilgore | — | Yea |
| Vivian E. Watts | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 1 | 0 | 1 |
| Total | 7 | 1 | 0 | 1 |
| % of votes cast | 78% | 11% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Collins, Christopher E. | — | Yea |
| Adams, Les R. | — | Yea |
| Bell, Robert B. | — | Nay |
| Carroll Foy, Jennifer D. | — | Yea |
| Charniele L. Herring | — | Not Voting |
| Don Scott | — | Yea |
| Karrie K. Delaney | — | Yea |
| Mullin, Michael P. | — | Yea |
| Vivian E. Watts | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 35 | 4 | 0 | 1 |
| Total | 35 | 4 | 0 | 1 |
| % of votes cast | 88% | 10% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 36 | 0 | 0 | 4 |
| Total | 36 | 0 | 0 | 4 |
| % of votes cast | 90% | 0% | 0% | 10% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 1 | 0 | 0 |
| Total | 15 | 1 | 0 | 0 |
| % of votes cast | 94% | 6% | 0% | 0% |
How each member voted (16)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Barker, George L. | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Edwards, John S. | — | Yea |
| Hanger, Emmett W., Jr. | — | Yea |
| Howell, Janet D. | — | Yea |
| L. Louise Lucas | — | Yea |
| Mamie E. Locke | — | Yea |
| Newman, Stephen D. | — | Yea |
| Norment, Thomas K., Jr. | — | Nay |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Yea |
| Ruff, Frank M., Jr. | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Vogel, Jill Holtzman | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 12 | 3 | 0 | 0 |
| Total | 12 | 3 | 0 | 0 |
| % of votes cast | 80% | 20% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Chafin, A. Benton "Ben" | — | Yea |
| Morrissey, Joseph D. | — | Yea |
| Edwards, John S. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| L. Louise Lucas | — | Yea |
| Mark D. Obenshain | — | Nay |
| Norment, Thomas K., Jr. | — | Nay |
| Petersen, J. Chapman | — | Nay |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Yea |
| Ryan T. McDougle | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Scott A. Surovell | — | Yea |
| William M. Stanley, Jr. | — | Yea |
Subjects
Frequently asked questions
- What does SB 806 do?
- Ex parte requests for investigative services or expert assistance in criminal cases. Allows a defendant or his attorney, when such defendant is charged with a felony offense or Class 1 misdemeanor and is financially unable to pay for expert assistance, to move the circuit court to designate another judge in the same circuit to hear an ex parte request for appointment of a qualified expert to assist in the preparation of the defendant's defense. Upon receiving the defendant's or his attorney's declaration of need for confidentiality, the designated ex parte judge shall conduct an ex parte hearing on the request for authorization to obtain expert assistance. After a hearing upon the motion and upon a showing that the provision of the requested expert services would materially assist the defendant in preparing his defense and the denial of such services would result in a fundamentally unfair trial, the court shall order the appointment of a qualified expert. The provisions of the bill are contingent on funding in a general appropriation act.
- Who sponsors SB 806?
- SB 806 is sponsored by Joseph D. Morrissey, R. Creigh Deeds, and Patrick A. Hope.
- What is the current status of SB 806?
- This bill died with 2020 Regular Session. It reached “Passed Senate” 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 SB 806?
- Track SB 806 free on One Click Politics — get push/email alerts when it moves.
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