24.2-232 - Vacancy occurring when officer determined "mentally incompetent" (incapacitated). - Virginia Statutes

§ 24.2-232. Vacancy occurring when officer determined "mentallyincompetent" (incapacitated).

A person who is determined to be incapacitated in a judicial proceeding asprovided for in Chapter 10 (§ 37.2-1000 et seq.) of Title 37.2 shall bedeemed for purposes of Article II, Section 1 of the Constitution of Virginiaand this title to be "mentally incompetent" as that term is used in thoseprovisions. The office of any person who is so determined to beincapacitated, shall become vacant and the vacancy filled in the mannerprovided by law. Notwithstanding the provisions of Chapter 10 (§ 37.2-1000 etseq.) of Title 37.2, however, any officer shall have a jury trial unless itis waived by him or for him by his counsel of record.

(1975, cc. 515, 595, § 24.1-79.4; 1993, c. 641; 1997, c. 921; 1998, c. 582.)