RD279 - References in the Code of Virginia to "Feebleminded"

Executive Summary:
The Code of Virginia § 30-151 requires the Code Commission to continuously review and identify obsolete provisions in the Code of Virginia and annually make recommendations to the General Assembly through legislation. Pursuant to this directive, on December 29, 2004, the Code Commission sent a letter requesting the Crime Commission to examine the Code Commission’s draft legislation removing the last remaining references in the Code of Virginia to the term “feebleminded.” See Attachment A. Because the remaining references to “feebleminded” involve the prohibition of putting on trial a defendant in a criminal case if he or she is mentally incompetent, before any legislation was introduced, the Code Commission decided to have the Crime Commission review this legislation and advise how best to remove the term “feebleminded” from the text in these sections.

After conducting its examination, the Crime Commission made the following recommendation regarding the use of the term “feebleminded” in the Code of Virginia:


If it is the determination of the General Assembly that the term “feebleminded” is obsolete, it should be replaced with the term “mentally incompetent.”