republic-os/legislation/us/states/va/2022/sb-198.md

type, title, description, jurisdiction, legislature, session, identifier, citation, classification, subjects, status, primary_sponsors, version_count, action_count, vote_count, first_action, last_action, source, source_identifier, source_url, source_hash, vintage, source_snapshot, retrieved_at, confidence, tags

type	title	description	jurisdiction	legislature	session	identifier	citation	classification	subjects	status	primary_sponsors	version_count	action_count	vote_count	first_action	last_action	source	source_identifier	source_url	source_hash	vintage	source_snapshot	retrieved_at	confidence	tags
Bill	Disposition when defendant found incompetent; involuntary admission of the defendant.	Disposition when defendant found incompetent; involuntary admission of the defendant. Provides that in cases where the defendant has been charged with a misdemeanor larceny-related offense or a misdemeanor offense for trespassing, destruction of property, intoxication in public, disorderly conduct, or failure to appear and is found to be incompetent following a competency evaluation, the competency report may recommend that the court direct the community services board or behavioral health authority to (i) conduct an evaluation to determine whether the defendant meets the criteria for temporary detention and (ii) upon determining that the defendant does meet the criteria for temporary detention, file a petition for issuance of an order for temporary detention of the defendant. Similarly, the bill provides that, in cases in which a defendant has been charged with one of the listed misdemeanors, is found to be incompetent, and the competency report recommends that the defendant be temporarily detained, the court may dismiss the charges without prejudice and, in lieu of ordering that the defendant receive treatment to restore his competency, order the community services board or behavioral health authority to conduct an evaluation of the defendant and if the board or authority determines that the defendant meets the criteria for temporary detention, file a petition for issuance of an order for temporary detention. The bill provides that the court shall not dismiss such charges and enter such order if the attorney for the Commonwealth is involved in the prosecution of the case and does not concur in the motion. Under current law, the court is required to order that the defendant receive treatment to restore his competency. The bill also clarifies the process following the completion of the competency evaluation of a defendant. The bill has an expiration date of July 1, 2023.	us/states/va	Virginia General Assembly	2022	SB 198	Virginia SB 198 (2022)	bill		enacted	T. Montgomery "Monty" Mason	6	50	12	2022-01-10	2022-04-11	openstates	ocd-bill/5309801d-5119-4213-91ae-727a7a9ec3cb	https://lis.virginia.gov/cgi-bin/legp604.exe?221+sum+SB198	edd3571a1430a9979a094f6ec312b09dbd2547ff5a1825276365897627a23e3d	2026-07-01	https://data.openstates.org/daily/2026-07-01/public.pgdump	2026-07-06	reported	legislation bill us-va

Virginia SB 198 (2022) — Disposition when defendant found incompetent; involuntary admission of the defendant.

Disposition when defendant found incompetent; involuntary admission of the defendant. Provides that in cases where the defendant has been charged with a misdemeanor larceny-related offense or a misdemeanor offense for trespassing, destruction of property, intoxication in public, disorderly conduct, or failure to appear and is found to be incompetent following a competency evaluation, the competency report may recommend that the court direct the community services board or behavioral health authority to (i) conduct an evaluation to determine whether the defendant meets the criteria for temporary detention and (ii) upon determining that the defendant does meet the criteria for temporary detention, file a petition for issuance of an order for temporary detention of the defendant. Similarly, the bill provides that, in cases in which a defendant has been charged with one of the listed misdemeanors, is found to be incompetent, and the competency report recommends that the defendant be temporarily detained, the court may dismiss the charges without prejudice and, in lieu of ordering that the defendant receive treatment to restore his competency, order the community services board or behavioral health authority to conduct an evaluation of the defendant and if the board or authority determines that the defendant meets the criteria for temporary detention, file a petition for issuance of an order for temporary detention. The bill provides that the court shall not dismiss such charges and enter such order if the attorney for the Commonwealth is involved in the prosecution of the case and does not concur in the motion. Under current law, the court is required to order that the defendant receive treatment to restore his competency. The bill also clarifies the process following the completion of the competency evaluation of a defendant. The bill has an expiration date of July 1, 2023.

Version chain

The bill's text revisions, in order — the diff chain from filing to enrollment.

1. CHAP0508 (committee substitute) — source
2. Committee substitute printed 22105663D-S1 (committee substitute) — source
3. Committee substitute printed 22107555D-H1 (committee substitute) — source
4. Conference substitute printed 22107841D-S2 (committee substitute) — source
5. Prefiled and ordered printed; offered 01/12/22 22103547D (committee substitute) — source
6. SB198ER (committee substitute) — source

Votes

• Reported from Courts of Justice with substitute (18-Y 2-N) — 18–2 (pass) · lower
• Passed Senate (40-Y 0-N) — 40–0 (pass) · upper
• Senate acceded to request (40-Y 0-N) — 40–0 (pass) · upper
• House substitute rejected by Senate (0-Y 40-N) — 0–40 (fail) · upper
• Constitutional reading dispensed (40-Y 0-N) — 40–0 (pass) · upper
• VOTE: Passage (99-Y 0-N) — 98–0 (pass) · lower
• VOTE: Adoption (95-Y 0-N) — 94–0 (pass) · lower
• Constitutional reading dispensed (40-Y 0-N) — 40–0 (pass) · upper
• Reported from Finance and Appropriations (16-Y 0-N) — 16–0 (pass) · upper
• Reported from Judiciary with substitute (14-Y 0-N) — 14–0 (pass) · upper
• Subcommittee recommends reporting with substitute (7-Y 1-N) — 7–1 (pass) · lower
• Conference report agreed to by Senate (40-Y 0-N) — 40–0 (pass) · upper

Sponsors

• T. Montgomery "Monty" Mason — primary (person)
• Vivian E. Watts — cosponsor (person)

Timeline

The legislative action history — every referral, reading, and vote.

• 2022-01-10 Prefiled and ordered printed; offered 01/12/22 22103547D introduction
• 2022-01-10 Referred to Committee on the Judiciary referral-committee
• 2022-01-31 Assigned Judiciary sub: Criminal Law referral-committee
• 2022-02-02 Senate subcommittee amendments and substitutes offered
• 2022-02-07 Senate committee, floor amendments and substitutes offered
• 2022-02-07 Reported from Judiciary with substitute (14-Y 0-N) committee-passage
• 2022-02-07 Committee substitute printed 22105663D-S1 substitution
• 2022-02-07 Rereferred to Finance and Appropriations referral-committee
• 2022-02-09 Impact statement from DPB (SB198S1)
• 2022-02-10 Reported from Finance and Appropriations (16-Y 0-N) committee-passage
• 2022-02-11 Constitutional reading dispensed (40-Y 0-N)
• 2022-02-14 Read second time reading-2
• 2022-02-14 Reading of substitute waived
• 2022-02-14 Committee substitute agreed to 22105663D-S1
• 2022-02-14 Engrossed by Senate - committee substitute SB198S1
• 2022-02-14 Constitutional reading dispensed (40-Y 0-N)
• 2022-02-14 Passed Senate (40-Y 0-N) passage
• 2022-02-22 Placed on Calendar
• 2022-02-22 Read first time reading-1
• 2022-02-22 Referred to Committee for Courts of Justice referral-committee
• 2022-03-01 Assigned Courts sub: Subcommittee #1 referral-committee
• 2022-03-04 House subcommittee amendments and substitutes offered
• 2022-03-04 Subcommittee recommends reporting with substitute (7-Y 1-N)
• 2022-03-07 Reported from Courts of Justice with substitute (18-Y 2-N) committee-passage
• 2022-03-07 Committee substitute printed 22107555D-H1 substitution
• 2022-03-08 Read second time reading-2
• 2022-03-09 Read third time reading-3
• 2022-03-09 Committee substitute agreed to 22107555D-H1
• 2022-03-09 Engrossed by House - committee substitute SB198H1
• 2022-03-09 Passed House with substitute (99-Y 0-N) passage
• 2022-03-09 VOTE: Passage (99-Y 0-N)
• 2022-03-09 Impact statement from DPB (SB198H1)
• 2022-03-10 House substitute rejected by Senate (0-Y 40-N)
• 2022-03-10 House insisted on substitute
• 2022-03-10 House requested conference committee
• 2022-03-10 Senate acceded to request (40-Y 0-N)
• 2022-03-10 Conferees appointed by Senate
• 2022-03-10 Conferees appointed by House
• 2022-03-12 Amended by conference committee
• 2022-03-12 Conference substitute printed 22107841D-S2
• 2022-03-12 Conference report agreed to by House (95-Y 0-N)
• 2022-03-12 VOTE: Adoption (95-Y 0-N)
• 2022-03-12 Conference report agreed to by Senate (40-Y 0-N)
• 2022-03-21 Enrolled
• 2022-03-21 Signed by President
• 2022-03-22 Signed by Speaker
• 2022-03-22 Enrolled Bill Communicated to Governor on March 22, 2022
• 2022-03-22 Governor's Action Deadline 11:59 p.m., April 11, 2022
• 2022-04-01 Impact statement from DPB (SB198ER)
• 2022-04-11 Approved by Governor-Chapter 508 (effective 7/1/22) executive-signature

Source

OpenStates / OpenCivicData bulk snapshot 2026-07-01; origin ocd-bill/5309801d-5119-4213-91ae-727a7a9ec3cb. Confidence: reported (aggregated from official Virginia legislature records).