SB 339 — Criminal cases; deferred disposition.

339 OfferedSenate JanuaryAmendments 10,in 2018[ Prefiled] January-- 8,February 5, 2018 A BILL to amend and reenact §§ 16.1-69.48:1, 17.1-275.2, 17.1-275.7, 19.2-303.4, 19.2-335, and 19.2-336 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 19.2-303.6, relating to deferred disposition;

---------- Patrons--Patron StuartPrior andto McClellanEngrossment--Senator Stuart ---------- Referred to Committee for Courts of Justice ---------- Be it enacted by the General Assembly of Virginia:

In any criminal case, except an act of violence as defined in § 19.2-297.1,19.2-297.1 [ or any crime for which a deferred disposition is provided for by statute  ] , upon a plea of guilty, or after a plea of not guilty, and the facts found by the court would justify a finding of guilt, the court may, if the defendant has been diagnosed by a psychiatrist or clinical psychologist with (i) 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 (ii) an intellectual disability as defined in § 37.2-100, without entering a judgment of guilt and with the consent of the accused, after giving due consideration to the position of the attorney for the Commonwealth and the views of the victim, defer further proceedings and place the accused on probation subject to terms and conditions set by the court.

C. [  C.

] § 19.2-335.

However, in any case in which an accused waives trial by jury, at least 10 days before trial, but the Commonwealth or the court trying the case refuses to so waive, then the cost of the jury shall not be included in such statement or judgment recorded pursuant to § 17.1-275.5.