Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1886-02-12
A Bill tor the Confinement Of Insane
Criminals.

The committee in the House has report
ed favorably the bill introduced by Mr..
Echols of Augusta, for the confinement of
the insane who may be acquitted of GER
tain crimes. It is law which is intended
for the protection Of the insane as we'll as
In Augusta and elsewhere in the State
have shown Is imperatively demanded:
BILL IN RELATION TO THE IMMEDIATE
COMMITMENT OF INSANE PERSONS TO
THE ASYLUMs OF THIS COMMON
WEALTH UPON THEIR ACQUITTAL IN
ANY PROSECUTION, ON THE GROUND OF
INSANITY.
l. Be At enacted by the General Assembly
of Virginia, That it shall be the duty OF
every county, corporation, or circuit court
within this common wealth, wherein per-
son, being on trial for a felony. intends to
rely on the plea of insanity as a ground OF
defence, and who shalt plead that he was
insane at the time Of the commission of
the offence charged in the Indictment, at
tina time he is arraigned. to empanel a
jury in the mode prescribed by law in the
empanelling of juries in felony Gases, who
shall be sworn TO try the question wheth-
or not said accused, at the time OF the
commission of the offence charged in the
Indictment, was insane, and it the verdict
of the jury be that said accused was in-
sane at the time of the commission of the
offence charged In the Indictment. 1t shall
be the duty of the court to commit said
accused to one of the lunatic asyIumS of
this State, or in the event there be no va.
cancy In any of said asylums. the court
snail Ommlt said 9PpnSQd fhQ All Of
the countv or corporation, until he can
be received In one of said asylums. Ii,
however. the verdict of the jury be that
said accused was not insane at the time of
the commission of the off4nce charged in
the Indictment, he shall he forthwith put
upon his trial to answer said Indictment,
before another jury. which shall be duty
empanelled by the court in the N rde pre-
scrlbed by law in the empaneling of
Juries il felony cases. before which jury
or court the question of his insanity shall
not be brought. pleaded, or referred to in
any manner whatever, either by the &C
cused or the lmmonwealth; and the fail
ure of said accused to sustain the plea OF
insanity before the jury first empannelled,
as provided for III this section, shall create
no presumption against him, nor be- the
subject of any comment before the court
or jury by the prosecuting attorney.
2. 1t shall be- the duty Of the superin-
Jendent of every lunatic asylum in this
State to which such person may be COM
mitted. to receive and care for him as is
required by law in the case of other luna
tic or insane persons, without any further
examination or certificate than as is now
provided by law; and such person shall
not be discharged or rele ,sed from said
asylum until the superintendent thereof
shall certify in writing that such person
has entirely recovered his sanity and is
not likely to have return of lunacy or
insanity. and this certificate is to be re-
turned to be Gle of the court and by
hin entered of COZ d in the order books
OF said court: provided, that when the fl l.
ony OF which such person be so acquitted
is either homicide. rape, rnbpe'y Durg-
larry, grand larceny, or arson, or the at
tempt to commit either of them, the pr
son so acquitted, shall in no event be dis
charged or released from said asylum
within five years from the date of his COM
mltment, as provided in this act
g. 1t Shall be the duty of the sup-rn-
tendent of any lunatic asylum il this
State wherein are cDnfned persons who
have committed or have attempted to
commit either of the felonfes enumerated
In SIC ion two OF this act, whether COM
mitted to said asylum heretofore or here
after, or by virtue Of this act IT otherwise,
to see that snch parsnns bs not allowed 70
60 outside Of thu grounds Of such asylum
unless accompanied by ,mpetent guard;
and it shall be the duty Of every polica or
other peace officer, up4h notice of any
such person being outside of such asylum
grounds without regular guard, to forth
with apprehend such person. and take
him back to said asylum and deliver him
to the proper officer; AMI. anv suparinten-
dent who neglects and fails to carry out
and perform his duty set forth in this
section shall be fined not less than twenty
nor more than one hundred dollars.
T. The provisions of sections one and
two of this act shall not apply to cases
where the insanity WAS occasioned by SON.
nambulism. delirium from fever or illness,
or blows. or wounds. or medicine or any
other similar acute or accidental
cause not the result IF the partv's indis-
Greet or intsm oerate h bits, where sueA
insanity is not likely to occur
This act is not 10 affect any Of the
laws now - force as to the proceedings
on commission d. lunatico inQujrando or
tbs prnvis'ons Of c1apter eighty-twa nf
tn Cnda Of ei0htpan hunt;red and seventy
three. except as is set forth in section two
of this act.
This act shall b. in forcs from it's
passage.
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