CHAPTER 463

AN ACT to amend the Code of 1950 by adding three sections num-
bered 53-278.2, 53-278.3 and 53-278.4, to provide for an erami-
nation to determine whether a person convicted of an offense
is mentally ill or mentally deficient, though not insane, and
the powers of the judge in case. of being so found.

[S 224]

Approved April 7, 1950

Be it enacted by the General Assembly of Virginia:
1. That the Code of 1950 be amended by adding three sections
numbered 53-278.2, 53-278.3 and 53-278.4, as follows:

§ 53-278.2. In the case of the conviction in any court of record
of any person for any criminal offense which indicates sexual ab-
normality, the trial judge may on his own initiative, or on applica-
tion of the Commonwealth’s Attorney, the defendant, or counsel for
defendant or other person acting for the defendant, defer sentence
until the report of a mental examination of the defendant can be
secured to guide the judge in determining what disposition shall
be made of the defendant.

§ 53-278.3. The trial judge shall have power to require the
Department of Mental Hygiene and Hospitals to have a mental
examination made of such person, and report thereon, to be made
by a psychiatrist employed in any State hospital or in any mental
hospital maintained by the State. Such report, when furnished
to a judge, shall be available to the counsel for defendant and to
the Commonwealth’s Attorney. The psychiatrist making the exami-
nation shall not be entitled to any compensation for making the
examination and the report but shall be paid his actual expenses on
vouchers approved by the trial judge, out of funds appropriated for
criminal expenses.

§ 53-278.4. Nothing contained in this law shall be construed
to conflict with or repeal any statute in regard to the Department
of Mental Hygiene and Hospitals, and this law shall be administered
with due regard to the authority of, and in cooperation with, the
Commissioner of Mental Hygiene and Hospitals.