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VA HB1105
Bill
Status
1/14/2026
Primary Sponsor
Terry Kilgore
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AI Summary
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Prohibits inpatient hospital treatment for defendants charged only with misdemeanors who are found incompetent to stand trial, limiting treatment options to outpatient care, evaluation for temporary detention, or dismissal of charges
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Requires courts to dismiss misdemeanor charges when a defendant faces both felony and misdemeanor charges and is found incompetent, allowing restoration treatment to continue only on felony charges
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Removes the requirement for competency evaluators to specifically assess whether misdemeanor defendants charged with certain offenses (larceny, trespassing, property destruction, public intoxication, disorderly conduct, bail violations) should be evaluated for temporary detention
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Maintains the 45-day treatment limit for misdemeanor defendants charged with larceny or trespassing-related offenses, after which the court must release, commit, or certify the defendant and may dismiss charges
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Amends Virginia Code sections 19.2-169.1, 19.2-169.2, and 19.2-169.3 governing competency evaluations and treatment in criminal proceedings
Legislative Description
Misdemeanor proceedings; competency treatment.
Last Action
Left in Committee Courts of Justice
2/18/2026