2026 SESSION

INTRODUCED

26104790D

SENATE BILL NO. 198

Offered January 14, 2026

Prefiled January 9, 2026

A BILL to amend the Code of Virginia by adding a section numbered 19.2-270.8, relating to admissibility of statements by individuals with developmental or intellectual disabilities in certain cases.

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Patron—Favola

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Referred to Committee for Courts of Justice

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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 19.2-270.8 as follows:

§ 19.2-270.8. Admissibility of statements by individuals with developmental or intellectual disabilities in certain cases.

A. In any criminal case, except for a violation of § 18.2-31 or an act of violence as defined in § 19.2-297.1, if the defendant has been diagnosed by a psychiatrist or clinical psychologist with (i) a developmental disability such as autism spectrum disorder as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association or (ii) an intellectual disability as defined in § 37.2-100, any evidence obtained from an interview of such defendant shall be inadmissible in any prosecution against such defendant, unless the court finds by clear and convincing evidence that the defendant's decision to speak with law enforcement was not caused by and did not have a direct and substantial relationship to such defendant's disorder or disability.

B. Any statement made or introduced during a hearing pursuant to this section is inadmissible as evidence against the defendant. However, such statement is admissible as evidence in any criminal proceeding for perjury or false statement, if such statement was made under oath.