Virginia legislation · 2027 Regular Session
Virginia HB1535: A BILL to amend the Code of Virginia by adding a section numbered 19.2-271.6:1, relating to admissibility of statements by individuals with developmental or intellectual disabilities in certain cases.
Status: In committee, October 20, 2026
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 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.
What the bill says
To amend the Code of Virginia by adding a section numbered 19.2-271.6:1, relating to admissibility of statements by individuals with developmental or intellectual disabilities in certain cases. ---------- Patron--Callsen ---------- Committee Referral Pending ---------- 1. That the Code of Virginia is amended by adding a section numbered 19.2-271.6:1 as notice to the Commonwealth. A. In any criminal case, except for a violation of § 18.2-31 or an act of violence as defined in § 19.2-297.1, if the defendant has been diagnosed by a psychiatrist or clinical psychologist with (i) autism spec.
From the introduced text, October 20, 2026:
A BILL to amend the Code of Virginia by adding a section numbered 19.2-271.6:1, relating to admissibility of statements by individuals with developmental or intellectual disabilities in certain cases. ---------- Patron--Callsen ---------- Committee Referral Pending ---------- 1. That the Code of Virginia is amended by adding a section numbered 19.2-271.6:1 as notice to the Commonwealth. A. In any criminal case, except for a violation of § 18.2-31 or an act of violence as defined in § 19.2-297.1, if the defendant has been diagnosed by a psychiatrist or clinical psychologist with (i) autism spectrum disorder as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association or (ii) a developmental disability or an intellectual disability as those terms are defined in § 37.2-100, any statement made by such defendant to law enforcement during any pretrial interview or prior to appointment of counsel shall be inadmissible in any prosecution against him if the court finds by a preponderance of the evidence that the defendant's decision to speak with law enforcement had a direct and substantial connection to his disability. B. Defense motions or objections seeking suppression of statements made to law enforcement pursuant to this section shall be raised by motion or objection. 1. For a criminal proceeding in a circuit court, …