HD11 - Revision of Title 37 of the Code of Virginia

  • Published: 1968
  • Author: Virginia Code Commission
  • Enabling Authority: Chapter 206 (Regular Session, 1966)

Executive Summary:

The General Assembly at its Regular Session of 1966 directed the Virginia Code Commission, by Chapter 206 of the Acts of that Session, to revise Title 37 of the Code of Virginia, relating to insane, epileptic, feeble-minded and inebriate persons.

Extracts from Chapter 206 follow:

"Whereas, the Commission on Mental Hygiene, in its report to the Governor and General Assembly dated October 29, 1963, indicated that an overall revision of Title 37 of the Code of Virginia is needed in order for the State to have a simple, complete and modern body of law in the field of mental hygiene; now, therefore,

"Be it enacted by the General Assembly of Virginia:

"§ 1. The Code of Virginia shall be gradually revised by revising one title at a time. In revising each title, all other sections of the Code relating to the same subject matter shall be revised to the extent necessary. Experts shall be employed by the Virginia Code Commission to assist in the project. The Commission may also accept the services of qualified volunteers who are willing to serve without pay. Tentative drafts of proposed revisions shall be printed and circulated among interested persons and their comments solicited.

"§ 2. The Commission shall undertake the revision of Title 37, and submit to the Governor and the General Assembly on or before October one, nineteen hundred sixty-seven, a report of its recommendations, together with suggested legislation necessary to carry such recommendations into effect."

Cyril D. Calley, Esquire, of the Alexandria City Bar was retained as Counsel to assist in the revision of this Title.

Counsel examined the provisions of this Title in detail and conferred with officials of the State Department of Mental Hygiene and Hospitals and also with persons having special interest and knowledge in the field. The Code Commission met with Counsel and such officials and persons on several occasions, and discussed in detail changes recommended by members of the Commission, by Counsel and by such officials and persons.

As a result of its efforts, the Commission considered it desirable that there be a general renumeration of the sections, the deletion of certain obsolete sections, and the amendment of other sections. We are of the opinion that this can be better accomplished by the repeal of Title 37 and the enactment of Title 37.1 in lieu thereof.

Included in this Report is the Report of Counsel to the Commission on Title 37. Also, following each section of the draft of Title 37.1 are Counsel's notes identifying the source of the provisions of the section and commenting upon any changes therein. Furthermore, preceding the draft of Title 37.1 there is set forth a table of comparable sections, for the purpose of tracing each of the provisions of Title 37 into proposed Title 37.1. This table also indicates those sections of Title 37 which have been deleted. Those who are interested in the major features of the Revision should read the Report of Counsel and the notes following the several sections of Title 37.1, to which reference is hereby made.

RECOMMENDATIONS

The Code Commission submits this Report, and recommends that the Legislature enact the attached bills in 1968.

The Commission wishes to express appreciation for the valuable assistance rendered by Counsel in the preparation of this Revision, and for the cooperation of those officials and interested persons who gave their time in conferring with Counsel and the Commission.