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VA SB198

Bill

Status

Engrossed

2/13/2026

Primary Sponsor

Barbara Favola

Click for details

Origin

Senate

2026 Regular Regular Session

AI Summary

  • 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

  • Excludes capital murder cases (§ 18.2-31) and acts of violence (§ 19.2-297.1) from the suppression protections

  • 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

  • Requires defense to file written motions at least seven days before trial in circuit court, with hearings held at least three days before trial

  • 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

Committee Referrals

Appropriations3/2/2026
Courts of Justice: Criminal2/19/2026
Courts of Justice2/19/2026
Finance and Appropriations2/9/2026
Courts of Justice1/9/2026

Full Bill Text

No bill text available