Bill > SB869

This bill modifies existing law regarding the custodial interrogation of individuals with autism spectrum disorder or developmental disabilities by establishing new protections and requirements for law enforcement. Specifically, the bill requires that prior to a custodial interrogation, the person must have contact with their guardian, parent, or adult next of kin through in-person, electronic, telephone, or video conference communication. Any statement made during an interrogation that does not comply with these provisions would be inadmissible as evidence, with a narrow exception: if the law enforcement officer reasonably believed the information was necessary to protect life or property from an imminent threat, and the questions were limited to those reasonably necessary to obtain that information. Additionally, the bill mandates that law enforcement training standards now include comprehensive guidance on communicating with individuals with autism spectrum disorder or developmental disabilities, including behavioral recognition, crisis prevention, de-escalation techniques, best practices for conducting interviews, and understanding available communication tools and resources. The training standards must be developed in consultation with individuals with autism, their families, specialists, and representatives from behavioral health and law enforcement agencies.

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https://lis.virginia.gov/bill-details/20251/SB869