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VA HB247

VA HB247
Deferred dispos. in criminal case; persons with autism, intellectual, or developmental disabilities.


summary

Introduced
01/08/2026
In Committee
02/23/2026
Crossed Over
02/27/2026
Passed
Dead

Introduced Session

Potential new amendment
2026 Regular Regular Session

Bill Summary

Deferred disposition in a criminal case; persons with autism, intellectual disabilities, or developmental disabilities; expungement. Adds developmental disabilities to the autism and intellectual disability deferred disposition statute. The bill also provides that when a court defers and dismisses a charge pursuant to the autism, intellectual disability, or developmental disability deferred disposition statute, such charge may be considered as otherwise dismissed for purposes of expungement of police and court records. The bill also (i) clarifies that the defendant may request a hearing to determine the appropriateness of a deferred disposition at any time before or after any plea and (ii) provides that no statement made by the defendant at such a hearing is admissible in any criminal proceeding, except that any such statement made under oath may be admissible in a criminal proceeding for perjury or for purposes of impeachment in a criminal matter. This bill is identical to SB 416.

AI Summary

This bill expands the existing law that allows for deferred disposition, meaning a criminal case can be put on hold and potentially dismissed, for individuals with autism or intellectual disabilities to also include those with developmental disabilities. A developmental disability is defined in relation to intellectual disabilities and autism spectrum disorders. The bill clarifies that defendants can request a hearing to determine if a deferred disposition is appropriate at any point before or after entering a plea, and any statements made by the defendant at such a hearing are generally protected from being used against them in future criminal proceedings, with exceptions for perjury or impeachment if the statement was made under oath or voluntarily produced. Importantly, if a charge is dismissed under this deferred disposition process, it can now be treated as if it were "otherwise dismissed" for the purpose of expunging, or clearing, police and court records.

Committee Categories

Budget and Finance, Justice

Sponsors (3)

Last Action

Senate substitute agreed to by House (62-Y 33-N 0-A) (on 02/27/2026)

bill text


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