Limits Use of Statements From Disabled People
Virginia · HB1535 · Introduced Oct 20, 2026
Why it matters
Defendants with qualifying diagnoses could keep statements they gave police out of evidence. Prosecutors would get notice of expert testimony and could offer rebuttal evidence.
What it does
- Bars use of statements to police if a judge finds the disability strongly affected the decision to talk
- Presumes a link to disability if the defendant scores at or below a 14-year-old's average on an approved test
- Requires defense motions to be filed in writing at least seven days before trial in circuit court
- Excludes violent acts and violations of § 18.2-31 from the rule
In committee
Next: a committee vote
- Introduceddone
- Committeecurrent step
- Housenot yet
- Senatenot yet
- Governornot yet
About this bill
Would bar courts from using statements by people with developmental or intellectual disabilities in certain criminal cases. Exception: a judge finds the disability did not drive the choice to talk to police.
Perspectives
💬 The case for
Disability advocates would likely say people with autism or intellectual disabilities may not understand their rights. Some defense lawyers would likely say this protects against unfair confessions.
💬 The case against
Some prosecutors would likely say the bill makes it harder to use valid statements. They may also worry about delays from pretrial hearings.
Sponsored by
Sponsor details for this state bill are at the source link.
News
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