Limits Use of Statements From Disabled Defendants
Virginia · SB837 · Introduced Sep 17, 2026
Why it matters
Statements a defendant made to police could be thrown out as evidence if a court finds the disability affected the decision to talk. Defense lawyers would have to share their expert findings with prosecutors ahead of time.
What it does
- Covers defendants diagnosed with autism, or a developmental or intellectual disability, in criminal cases
- Bars use of statements made to police before a lawyer is appointed, if the disability strongly affected the choice to talk
- Presumes a link to disability if an approved test scores at or below a typical 14-year-old's level
- Requires defense lawyers to give prosecutors notice and expert reports before a hearing
In committee
Next: a committee vote
- Introduceddone
- Committeecurrent step
- Senatenot yet
- Housenot yet
- Governornot yet
About this bill
Would bar courts from using statements by criminal defendants with developmental or intellectual disabilities, unless the court finds the disability did not drive the decision to talk to police.
Perspectives
💬 The case for
Disability advocates would likely say people with these conditions may not understand their rights. Courts should not rely on statements they could not fully weigh.
💬 The case against
Prosecutors would likely say the rule could keep reliable evidence from juries. They may also argue the early disclosure rules give defendants an unfair advantage.
Sponsored by
Sponsor details for this state bill are at the source link.
News
Loading coverage…