Bill > HB1845

This bill modifies Virginia law regarding the time limits for prosecuting felony cases after a probable cause finding. Currently, if an accused person is held in custody, they must be tried within five months of a probable cause determination, or within nine months if released on recognizance. The bill specifically clarifies and expands an exception to these time limits related to competency evaluations. It adds language explicitly stating that the time periods for prosecution are paused during evaluations or restoration proceedings related to the defendant's competency or insanity, as outlined in Chapter 11 of the Virginia Code. This means that time spent conducting competency assessments or treatment to restore a defendant's mental capacity to stand trial will not count against the prosecution's time limits for bringing the case to trial. The modification ensures that prosecutors are not penalized for necessary mental health assessments and provides a clear legal mechanism for pausing the prosecution timeline when a defendant's mental competency is in question. The bill uses technical legal language to precisely amend the existing statute, ensuring that competency-related proceedings do not trigger automatic dismissal of criminal charges.

Justice

https://lis.virginia.gov/bill-details/20251/HB1845