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VA SB198
Bill
Status
2/13/2026
Primary Sponsor
Barbara Favola
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AI Summary
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Allows courts to suppress statements made by defendants with autism spectrum disorder, developmental disabilities, or intellectual disabilities to law enforcement during pretrial interviews or before counsel appointment if the disability directly influenced their decision to speak
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Excludes capital murder cases (§ 18.2-31) and acts of violence (§ 19.2-297.1) from the suppression protections
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Creates a presumption that the disability influenced the defendant's decision to speak if standardized testing shows adaptive functioning at or below the level of a 14-year-old in relevant domains
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Requires defense to file written motions at least seven days before trial in circuit court, with hearings held at least three days before trial
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Requires reenactment by a subsequent General Assembly session before taking effect
Legislative Description
Individuals with developmental or intellectual disabilities; admissibility of statements.
Last Action
Tabled in Appropriations (22-Y 0-N)
3/9/2026