Virginia legislation · 2026 Regular Session
Virginia SB416: An Act to amend and reenact § 19.2-303.6 of the Code of Virginia, relating to deferred disposition in a criminal case; persons with autism, intellectual disabilities, or developmental disabilities; expungement.
Status: Chaptered, April 13, 2026
Deferred disposition in a criminal case; persons with autism, intellectual disabilities, or developmental disabilities; expungement. Adds developmental disabilities to the autism and intellectual disability deferred disposition statute. The bill also provides that when a court defers and dismisses a charge pursuant to the autism, intellectual disability, or developmental disability deferred disposition statute, such charge may be considered as otherwise dismissed for purposes of expungement of police and court records. The bill also (i) clarifies that the defendant may request a hearing to determine the appropriateness of a deferred disposition at any time before or after any plea and (ii) provides that no statement made by the defendant at such a hearing is admissible in any criminal proceeding, except that any such statement made under oath may be admissible in a criminal proceeding for perjury or for purposes of impeachment in a criminal matter. This bill is identical to HB 247.
What the bill says
An Act to amend and reenact § 19.2-303.6 of the Code of Virginia, relating to deferred disposition in a criminal case; persons with autism, intellectual disabilities, or developmental disabilities; expungement. [S 416] Approved April 13, 2026 1. That § 19.2-303.6 of the Code of Virginia is amended and reenacted as persons with autism, intellectual disabilities, or developmental disabilities. A. In any criminal case, except a violation of § 18.2-31, an act of violence as defined in § 19.2-297.1, or any crime for which a deferred disposition is provided for by statute other than § 19.2-298.02, u.
From the enrolled text, April 13, 2026:
An Act to amend and reenact § 19.2-303.6 of the Code of Virginia, relating to deferred disposition in a criminal case; persons with autism, intellectual disabilities, or developmental disabilities; expungement. [S 416] Approved April 13, 2026 1. That § 19.2-303.6 of the Code of Virginia is amended and reenacted as persons with autism, intellectual disabilities, or developmental disabilities. A. In any criminal case, except a violation of § 18.2-31, an act of violence as defined in § 19.2-297.1, or any crime for which a deferred disposition is provided for by statute other than § 19.2-298.02, upon a plea of guilty, or after a plea of not guilty, and the facts found by the court would justify a finding of guilt, the court may, if the defendant has been diagnosed by a psychiatrist or clinical psychologist with (i) an autism spectrum disorder as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association or (ii) an intellectual disability or developmental disability as those terms are defined in § 37.2-100 and the court finds by clear and convincing evidence that the criminal conduct was caused by or had a direct and substantial relationship to the person's disorder or disability, without entering a judgment of guilt and with the consent of the …