States / Virginia / SB 198

SB 198 Passed First Chamber

Individuals with developmental or intellectual disabilities; admissibility of statements.

Introduced
In Committee
Floor
Crossed Over
Passed
Enacted

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.

Chamber
Senate
Introduced
Jan 9, 2026
Last action
Mar 9, 2026 — Tabled in Appropriations (22-Y 0-N)
Session
2026
Momentum
60 · High