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Admissibility of statements by individuals with developmental or intellectual disabilities in certain cases. Prohibits admission of any evidence from an individual with developmental disabilities or intellectual disabilities, as defined in relevant law, in certain criminal prosecutions unless the court finds by a preponderance of the evidence that such individual's decision to speak to law enforcement was not caused by and did not have a direct and substantial relationship to such individual's disability. The bill requires notice be given to the attorney for the Commonwealth if a defendant intends to introduce expert testimony regarding his disability. The bill prohibits any statements made by a defendant during an examination by an expert witness from being used against him except for impeachment or perjury. The provisions of the bill do not become effective unless reenacted by a subsequent regular or special session of the General Assembly.
Introduced
Jan 9, 2026
Last Action
Mar 9, 2026
Session
VA 2026
Sponsors
1 primary · 0 co
Tabled in Appropriations (22-Y 0-N)
Reported from Courts of Justice with amendment(s) and referred to Appropriations (15-Y 7-N)
Fiscal Impact Statement from Department of Planning and Budget (SB198)
House subcommittee offered
Subcommittee recommends reporting with amendment(s) and referring to Appropriations (7-Y 3-N)
Assigned HCJ sub: Criminal
Referred to Committee for Courts of Justice
Read first time
Placed on Calendar
Read third time and passed Senate (21-Y 17-N 0-A)
Finance and Appropriations Amendment agreed to
Read second time
Courts of Justice Substitute agreed to
Engrossed by Senate - committee substitute as amended (Voice Vote)
Passed by for the day Block Vote (Voice Vote)
Constitutional reading dispensed Block Vote (on 1st reading) (40-Y 0-N 0-A)
Rules suspended
Reported from Finance and Appropriations with amendment (13-Y 2-N)
Committee substitute printed 26105843D-S1
Senate committee offered
Reported from Courts of Justice with substitute and rereferred to Finance and Appropriations (10-Y 5-N)
Fiscal Impact Statement from Department of Planning and Budget (SB198)
Referred to Committee for Courts of Justice
Prefiled and ordered printed; Offered 01-14-2026 26104790D
Get a plain-English explanation of what this bill does, who it affects, and why it matters.
Tabled in Appropriations (22-Y 0-N)
Barbara A. Favola