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VA HB1411
Bill
Status
2/16/2026
Primary Sponsor
Charlie Schmidt
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AI Summary
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Expands the types of mental conditions defendants can introduce as evidence to include major neurocognitive disorders, in addition to mental illness, developmental or intellectual disabilities, and autism spectrum disorder
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Broadens the evidentiary standard to allow evidence that shows a defendant did or did not have a mental state that is an element of the offense or an affirmative defense, rather than only evidence related to intent
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Requires defendants to provide 60 days written notice before circuit court trial (21 days for district court, 14 days if trial is set within 21 days) when intending to introduce mental condition evidence
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Establishes that court-appointed experts for indigent defendants shall be paid per existing fee provisions, with judicial discretion to waive fee limitations up to $5,000 total based on case complexity and circumstances
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Permits the Commonwealth to obtain continuances or bar evidence if proper notice is not provided, with continuance periods excluded from speedy trial calculations
Legislative Description
Defendant; evidence of mental condition admissible.
Last Action
Senate insisted on substitute
3/12/2026