Bill

Bill > HB1411


VA HB1411

VA HB1411
Defendant; evidence of mental condition admissible.


summary

Introduced
01/22/2026
In Committee
02/18/2026
Crossed Over
02/16/2026
Passed
Dead

Introduced Session

2026 Regular Regular Session

Bill Summary

Evidence of defendant's mental condition admissible. Provides that evidence of the defendant's mental condition at the time of the alleged offense, including lay testimony, may be admitted and considered if such evidence (i) has any tendency to show the defendant did or did not have a mental state that is an element of the offense or an affirmative defense and (ii) is otherwise admissible pursuant to the general rules of evidence. The bill also provides such evidence offered by the defendant that shows he had a mental condition at the time of or near any act related to the offense, or a defense to or for such offense, is admissible as it has a tendency to show the defendant did not have the required mental state. The current standard requires that such evidence tend to show the defendant did not have the intent required for the offense charged. The bill also provides that notwithstanding any other provision of law or rule of evidence, any statement made by the accused to an expert during an examination to allow such expert to form an opinion on whether or not the accused had a mental condition at the time of or near any act related to the offense, or a defense to or for such offense, is admissible if such statement is offered by the accused.

AI Summary

This bill modifies Virginia law to allow defendants in criminal cases to present evidence of their mental condition at the time of an alleged offense, even if that evidence isn't definitive, as long as it tends to show they lacked the necessary mental state for the crime or an affirmative defense. This broadens the existing rule, which required such evidence to specifically show a lack of intent. The bill also clarifies that this includes evidence related to mental illness, developmental disability, intellectual disability, autism spectrum disorder, or major neurocognitive disorder, and outlines procedures for notifying the prosecution and providing expert witness information, including provisions for expert fees. Importantly, it states that statements made by the accused to an expert during an examination for the purpose of assessing their mental condition are admissible if offered by the defense, and it does not alter the rules for insanity defenses or allow evidence of voluntary intoxication.

Committee Categories

Budget and Finance, Justice

Sponsors (1)

Last Action

Fiscal Impact Statement from Department of Planning and Budget (HB1411) (on 02/20/2026)

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