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Evidence of defendant's mental condition admissible. Provides that evidence of the defendant's mental condition at the time of the alleged offense, including lay testimony, may be admitted and considered if such evidence (i) has any tendency to show the defendant did or did not have a mental state that is an element of the offense or an affirmative defense and (ii) is otherwise admissible pursuant to the general rules of evidence. The bill also provides such evidence offered by the defendant that shows he had a mental condition at the time of or near any act related to the offense, or a defense to or for such offense, is admissible as it has a tendency to show the defendant did not have the required mental state. The current standard requires that such evidence tend to show the defendant did not have the intent required for the offense charged. The bill also provides that notwithstanding any other provision of law or rule of evidence, any statement made by the accused to an expert during an examination to allow such expert to form an opinion on whether or not the accused had a mental condition at the time of or near any act related to the offense, or a defense to or for such offense, is admissible if such statement is offered by the accused.
Introduced
Jan 22, 2026
Last Action
Mar 12, 2026
Session
VA 2026
Sponsors
1 primary · 0 co
Senate substitute rejected by House (0-Y 97-N 0-A)
Senate insisted on substitute
Senate Conferees: Perry, Deeds, Stuart
Conferees appointed by Senate
House Conferees: Schmidt, Watts, Davis
Conferees appointed by House
House acceded to request
Senate requested conference committee
Senate insisted on substitute Block Vote (40-Y 0-N 0-A)
Courts of Justice Amendments rejected
Passed Senate with substitute (21-Y 19-N 0-A)
Engrossed by Senate - committee substitute
Finance and Appropriations Substitute agreed to
Read third time
Committee substitute printed 26109439D-S1
Passed by for the day (Voice Vote)
Constitutional reading dispensed (on 2nd reading) (37-Y 0-N 0-A)
Rules suspended
Reported from Finance and Appropriations with substitute (10-Y 4-N)
Senate committee offered
Reported from Courts of Justice with amendments and rereferred to Finance and Appropriations (9-Y 6-N)
Fiscal Impact Statement from Department of Planning and Budget (HB1411)
Referred to Committee for Courts of Justice
Constitutional reading dispensed (on 1st reading)
Read third time and passed House (62-Y 35-N 0-A)
Read second time
Engrossed by House - committee substitute
committee substitute agreed to
committee substitute rejected
Read first time
Committee substitute printed 26107791D-H2
Reported from Appropriations with substitute (15-Y 7-N)
Subcommittee recommends reporting with substitute (5-Y 1-N)
Assigned HAPP sub: General Government and Capital Outlay
Reported from Courts of Justice with substitute and referred to Appropriations (15-Y 7-N)
Committee substitute printed 26106804D-H1
Subcommittee recommends reporting with substitute and referring to Appropriations (7-Y 3-N)
House subcommittee offered
Fiscal Impact Statement from Department of Planning and Budget (HB1411)
Assigned HCJ sub: Criminal
Presented and ordered printed 26103276D
Referred to Committee for Courts of Justice
Get a plain-English explanation of what this bill does, who it affects, and why it matters.
Senate insisted on substitute