Virginia 2018 Regular Session Status: Enacted

HB 52 — Competency and sanity evaluations; location of evaluation.

Last action — Governor's Action Deadline Midnight, April 9, 2018

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

This bill has been enacted into law. Introduced December 01, 2017. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Requires that evaluations to determine whether a person is competent to stand trial or to determine a person's sanity at the time of the commission of a criminal offense be conducted on an outpatient basis at a mental health facility or in jail unless an outpatient evaluation has been conducted and the outpatient evaluator opines that a hospital-based evaluation is needed to reliably reach an opinion or unless the defendant is in the custody of the Commissioner of Behavioral Health and Developmental Services. Currently, such evaluations are to be conducted on an outpatient basis, but a court may order that a person be hospitalized instead if the court finds the services necessary to conduct an outpatient evaluation are not available or if the results of the outpatient evaluation indicate that it is necessary to hospitalize the person for further evaluation.

Bill Text

What changed in the latest version

40 added · 40 removed

Plain-language change summary

The amendments to HB 52 clarify the requirements for conducting competency evaluations for defendants who may not fully understand their legal proceedings. Specifically, the updated bill specifies that an evaluation must be performed by an approved psychiatrist or clinical psychologist and emphasizes that an outpatient evaluation should be conducted before considering hospitalization. These changes are important because they ensure that defendants receive proper assessments while also aiming to reduce unnecessary hospitalizations, focusing more on outpatient care whenever possible.

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SESSION history | hilite | pdf | print version 18100445D HOUSE BILL NO.
SESSION history | hilite | pdf | print version VIRGINIA ACTS OF ASSEMBLY -- CHAPTER An Act to amend and reenact §§ 19.2-169.1 and 19.2-169.5 of the Code of Virginia, relating to competency and sanity evaluations;
52 House Amendments in [ ] -- February 8, 2018 A BILL to amend and reenact §§ 19.2-169.1 and 19.2-169.5 of the Code of Virginia, relating to competency and sanity evaluations;
---------- Patron Prior to Engrossment--Delegate Hope ---------- Referred to Committee for Courts of Justice ---------- Be it enacted by the General Assembly of Virginia:
[H 52] Approved   Be it enacted by the General Assembly of Virginia:
The evaluation shall be performed on an outpatient basis at a mental health facility or in jail unless the court specifically finds that outpatient evaluation services are unavailable or unless the results of outpatient evaluation indicate that hospitalization of the defendant for evaluation on competency is necessary.
The evaluation shall be performed on an outpatient basis at a mental health facility or in jail unless an outpatient evaluation has been conducted and the outpatient evaluator opines that a hospital-based evaluation is needed to reliably reach an opinion or unless the court specifically finds that outpatient evaluation services are unavailable or unless the results of outpatient evaluation indicate that hospitalization of the defendant for evaluation on competency is necessary.
The defendant shall be hospitalized for such time as the director of the hospital deems necessary to perform an adequate evaluation of the defendant's competency, but not to exceed 30 days from the date of admission to the hospital [ unless the defendant is in the custody of the Commissioner of Behavioral Health and Developmental Services pursuant to § 19.2-169.2, 19.2-169.6, 19.2-182.2, 19.2-182.3, 19.2-182.8, 19.2-182.9, or Article 5 (§ 37.2-814 et seq.) of Chapter 8 of Title 37.2 ] .
The defendant shall be hospitalized for such time as the director of the hospital deems necessary to perform an adequate evaluation of the defendant's competency, but not to exceed 30 days from the date of admission to the hospital unless the defendant is in the custody of the Commissioner of Behavioral Health and Developmental Services pursuant to § 19.2-169.2, 19.2-169.6, 19.2-182.2, 19.2-182.3, 19.2-182.8, 19.2-182.9, or Article 5 (§ 37.2-814 et seq.) of Chapter 8 of Title 37.2.
The evaluation shall be performed on an outpatient basis, at a mental health facility or in jail, unless the court specifically finds that outpatient services are unavailable, or unless the results of the outpatient evaluation indicate that hospitalization of the defendant for further evaluation of his sanity at the time of the offense is necessary.
The evaluation shall be performed on an outpatient basis, at a mental health facility or in jail unless an outpatient evaluation has been conducted and the outpatient evaluator opines that a hospital-based evaluation is needed to reliably reach an opinion or, unless the court specifically finds that outpatient services are unavailable, or unless the results of the outpatient evaluation indicate that hospitalization of the defendant for further evaluation of his sanity at the time of the offense is necessary.
The defendant shall be hospitalized for such time as the director of the hospital deems necessary to perform an adequate evaluation of the defendant's sanity at the time of the offense, but not to exceed 30 days from the date of admission to the hospital [ unless the defendant is in the custody of the Commissioner of Behavioral Health and Developmental Services pursuant to § 19.2-169.2, 19.2-169.6, 19.2-182.2, 19.2-182.3, 19.2-182.8, 19.2-182.9, or Article 5 (§ 37.2-814 et seq.) of Chapter 8 of Title 37.2 ] .
The defendant shall be hospitalized for such time as the director of the hospital deems necessary to perform an adequate evaluation of the defendant's sanity at the time of the offense, but not to exceed 30 days from the date of admission to the hospital unless the defendant is in the custody of the Commissioner of Behavioral Health and Developmental Services pursuant to § 19.2-169.2, 19.2-169.6, 19.2-182.2, 19.2-182.3, 19.2-182.8, 19.2-182.9, or Article 5 (§ 37.2-814 et seq.) of Chapter 8 of Title 37.2.
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Action History

  1. Governor's Action Deadline Midnight, April 9, 2018

  2. Enrolled Bill communicated to Governor on March 5, 2018

  3. Signed by President

  4. Signed by Speaker

  5. Enrolled

  6. Senate amendments agreed to by House (96-Y 0-N 1-A)

  7. Placed on Calendar

  8. Engrossed by Senate as amended

  9. Committee amendments agreed to

  10. Reading of amendments waived

  11. Read third time

  12. Referred to Committee for Courts of Justice

  13. Constitutional reading dispensed

  14. Read third time and passed House (98-Y 0-N 1-A)

  15. Printed as engrossed 18100445D-E

  16. Engrossed by House as amended HB52E

  17. Committee amendments agreed to

  18. Read second time

  19. Read first time

  20. Assigned Courts sub: Subcommittee #2

  21. Referred to Committee for Courts of Justice

  22. Prefiled and ordered printed; offered 01/10/18 18100445D

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.

Show all 147 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Senate amendments agreed to by House

Passed 96 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 96000
Total 96000
% of votes cast 100%0%0%0%
How each member voted (96)
Member Party Vote
Cline — Yea
Habeeb — Yea
James — Yea
Landes — Yea
Pogge — Yea
Rodman — Yea
Turpin — Yea
Bell, Richard P. — Yea
Jones, S.C. — Yea
Collins — Yea
Helsel — Yea
Hugo — Yea
Ingram — Yea
Mr. Speaker — Yea
Lindsey — Yea
Peace — Yea
Stolle — Yea
Toscano — Yea
Yancey — Yea
Adams, Les R. — Yea
Aird, Lashrecse D. — Yea
Alfonso H. Lopez — Yea
Ayala, Hala S. — Yea
Bell, John J. — Yea
Bell, Robert B. — Yea
Betsy B. Carr — Yea
Bourne, Jeffrey M. — Yea
Bulova, David L. — Yea
Byron, Kathy J. — Yea
C.E. Cliff Hayes, Jr. — Yea
Campbell, Jeffrey L. — Yea
Carter, Lee J. — Yea
Charniele L. Herring — Yea
Christopher T. Head — Yea
Cole, Mark L. — Yea
Danica A. Roem — Yea
David A. Reid — Yea
Davis, Glenn R. — Yea
Delores L. McQuinn — Yea
Edmunds, James E., II — Yea
Emily M. Jordan — Yea
Fariss, C. Matthew — Yea
Filler-Corn, Eileen — Yea
Fowler, Hyland F."Buddy," Jr. — Yea
Gilbert, C. Todd — Yea
Gooditis, Wendy W. — Yea
Guzman, Elizabeth R. — Yea
Heretick, Steve E. — Yea
Hurst, Chris L. — Yea
Israel D. O'Quinn — Yea
James A. "Jay" Leftwich — Yea
Jeion A. Ward — Yea
Jennifer B. Boysko — Yea
Jennifer D. Carroll Foy — Yea
Jones, Jerrauld C. "Jay" — Yea
Joshua E. Thomas — Yea
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
Keam, Mark L. — Yea
Knight, Barry D. — Yea
Kory, Kaye — Yea
LaRock, Dave A. — Yea
Lamont Bagby — Yea
Levine, Mark H. — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Yea
McGuire, John J., III — Yea
Michael J. Webert — Yea
Miyares, Jason S. — Yea
Mullin, Michael P. — Yea
Murphy, Kathleen — Yea
Orrock, Robert D., Sr. — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Plum, Kenneth R. — Yea
Poindexter, Charles D. — Yea
R. Lee Ware — Yea
Ransone, Margaret B. — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Robinson, Roxann L. — Yea
Rush, Nick — Yea
Sam Rasoul — Yea
Schuyler T. VanValkenburg — Yea
Sickles, Mark D. — Yea
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas A. Garrett, Jr. — Yea
Thomas C. Wright, Jr. — Yea
Todd E. Pillion — Yea
Tony O. Wilt — Yea
Tyler, Roslyn C. — Yea
Vivian E. Watts — Yea

Official roll call →

Read third time and passed House

Passed 98 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 98000
Total 98000
% of votes cast 100%0%0%0%
How each member voted (98)
Member Party Vote
Campbell — Yea
Cline — Yea
Collins — Yea
Edmunds — Yea
Freitas — Yea
Habeeb — Yea
Hugo — Yea
Hurst — Yea
Kory — Yea
LaRock — Yea
Landes — Yea
Orrock — Yea
Pogge — Yea
Poindexter — Yea
Rodman — Yea
Rush — Yea
Tyler — Yea
Bell, John J. — Yea
Bell, Richard P. — Yea
Bell, Robert B. — Yea
Ayala — Yea
Bourne — Yea
Bulova — Yea
Byron — Yea
Carter — Yea
Cole — Yea
Jones, J.C. — Yea
Jones, S.C. — Yea
Marshall — Yea
Fariss — Yea
Filler-Corn — Yea
Gilbert — Yea
Gooditis — Yea
Helsel — Yea
Heretick — Yea
Ingram — Yea
James — Yea
Keam — Yea
Levine — Yea
Lindsey — Yea
Miyares — Yea
Mullin — Yea
Murphy — Yea
Peace — Yea
Plum — Yea
Ransone — Yea
Robinson — Yea
Stolle — Yea
Toscano — Yea
Turpin — Yea
Mr. Speaker — Yea
Yancey — Yea
Alfonso H. Lopez — Yea
Barry D. Knight — Yea
Betsy B. Carr — Yea
C.E. Cliff Hayes, Jr. — Yea
Charniele L. Herring — Yea
Christopher T. Head — Yea
Danica A. Roem — Yea
David A. Reid — Yea
Delores L. McQuinn — Yea
Elizabeth R. Guzman — Yea
Emily M. Jordan — Yea
Garrett McGuire — Yea
Hyland F. "Buddy" Fowler, Jr. — Yea
Israel D. O'Quinn — Yea
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Jennifer B. Boysko — Yea
Jennifer D. Carroll Foy — Yea
Joshua E. Thomas — Yea
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
Kelly K. Convirs-Fowler — Yea
Kimberly Pope Adams — Yea
Lamont Bagby — Yea
Lashrecse D. Aird — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Mark D. Sickles — Yea
Michael J. Webert — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Yea
R. Lee Ware — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Sam Rasoul — Yea
Schuyler T. VanValkenburg — Yea
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas A. Garrett, Jr. — Yea
Thomas C. Wright, Jr. — Yea
Todd E. Pillion — Yea
Tony O. Wilt — Yea
Vivian E. Watts — Yea
Will Davis — Yea

Official roll call →

Subjects

public-safety civil-rights healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 52 do?
Requires that evaluations to determine whether a person is competent to stand trial or to determine a person's sanity at the time of the commission of a criminal offense be conducted on an outpatient basis at a mental health facility or in jail unless an outpatient evaluation has been conducted and the outpatient evaluator opines that a hospital-based evaluation is needed to reliably reach an opinion or unless the defendant is in the custody of the Commissioner of Behavioral Health and Developmental Services. Currently, such evaluations are to be conducted on an outpatient basis, but a court may order that a person be hospitalized instead if the court finds the services necessary to conduct an outpatient evaluation are not available or if the results of the outpatient evaluation indicate that it is necessary to hospitalize the person for further evaluation.
Who sponsors HB 52?
HB 52 is sponsored by Patrick A. Hope.
What is the current status of HB 52?
This bill has been enacted into law. Introduced December 01, 2017. Enacted.
Where can I track HB 52?
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