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VA HB1105

Bill

Status

Introduced

1/14/2026

Primary Sponsor

Terry Kilgore

Click for details

Origin

House of Delegates

2026 Regular Regular Session

AI Summary

  • 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

  • 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

  • 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

  • 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

  • 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

Committee Referrals

Education2/18/2026
Courts of Justice2/18/2026
Courts of Justice: Criminal1/30/2026
Courts of Justice1/14/2026

Full Bill Text

No bill text available