Bill > SB198

This bill proposes to change the rules regarding the admissibility of statements made by individuals with developmental or intellectual disabilities in certain criminal cases. Specifically, it states that any statement made by a defendant diagnosed with autism spectrum disorder, a developmental disability, or an intellectual disability to law enforcement before an attorney is appointed will be inadmissible in court unless the court finds, by a preponderance of the evidence, that the defendant's decision to speak was directly influenced by their disability. The bill outlines procedures for defense attorneys to file motions to suppress such statements, including deadlines for filing and holding hearings, and requires disclosure of expert witness information to the prosecution if the defense intends to use expert testimony. It also establishes a presumption that a defendant's decision to speak was influenced by their disability if they score at or below the average for a 14-year-old on a standardized assessment of adaptive functioning that impacts their decision-making. The bill does not apply to charges of capital murder or acts of violence as defined by law, and it allows the Commonwealth to introduce rebuttal evidence.

Budget and Finance, Justice

https://lis.virginia.gov/bill-details/20261/SB198