SB 198 Virginia Senate · 2026 Regular Session

Individuals with developmental or intellectual disabilities; admissibility of statements.

Summary
Admissibility of statements by individuals with developmental or intellectual disabilities in certain cases. Prohibits admission of any evidence from an individual with developmental disabilities or intellectual disabilities, as defined in relevant law, in certain criminal prosecutions unless the court finds by a preponderance of the evidence that such individual's decision to speak to law enforcement was not caused by and did not have a direct and substantial relationship to such individual's disability. The bill requires notice be given to the attorney for the Commonwealth if a defendant intends to introduce expert testimony regarding his disability. The bill prohibits any statements made by a defendant during an examination by an expert witness from being used against him except for impeachment or perjury. The provisions of the bill do not become effective unless reenacted by a subsequent regular or special session of the General Assembly.
Bill status passed 4 of 5 stages cleared
Introduction
Jan 2026
Committee Review
Mar 2026
Senate Passage
Feb 2026
House of Delegates Passage
Mar 2026
Governor
Introduced Jan 9, 2026 Last action Mar 9, 2026
Maddy AI version diff · 2 comparisons

What changed between versions

Courts of Justice Substitute Engrossed · 3 edits · Feb 16, 2026
MINOR
The bill was amended to remove specific dates and formatting headers, standardizing the document for the 2026 session. The most significant policy change is in subsection E, which replaced a list of specific assessment tools with a broader standard requiring any tool to follow accepted professional practices, giving courts more flexibility in evaluating disability claims.
Scope change
The bill's scope remains focused on criminal cases involving defendants with autism, developmental, or intellectual disabilities, but the criteria for proving disability influence on statements was broadened.
TECHNICAL

Removed the placeholder date for the committee proposal and the specific date of Senate amendments, updating the header to reflect the 2026 session and engrossed status.

REQUIREMENT

Changed the requirement in subsection E from using a specific list of approved assessment tools to using any assessment tool with a standardized measure of intellectual functioning that follows accepted professional practice.

TIMELINE

Added a sunset provision stating the bill will not become effective unless reenacted by the General Assembly in a future session.

Floor votes · Senate Feb 12, 2026 · House of Delegates Mar 9, 2026

How they voted

390
Passed
Total votes 39
Feb 12, 2026
D Democratic20
20 Yea
100% Yea
R Republican19
19 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
25
Key actions
10
Committee
9
Amendments
1
Mar 9, 2026
House Of Delegates · Passed
House of Delegates Vote: pass (21-0)
house of delegates
Mar 2, 2026
Lower · Passed
Reported from Courts of Justice with amendment(s) and referred to Appropriations (15-Y 7-N)
lower
Feb 20, 2026
Lower · Passed
Subcommittee recommends reporting with amendment(s) and referring to Appropriations (7-Y 3-N)
lower
Feb 20, 2026
Lower · Passed
House subcommittee offered
lower
Feb 19, 2026
Committee
Assigned HCJ sub: Criminal
lower
Feb 19, 2026
Committee
Referred to Committee for Courts of Justice
lower
Feb 16, 2026
Upper · Passed
Read third time and passed Senate (21-Y 17-N 0-A)
upper
Feb 13, 2026
Upper · Passed
Finance and Appropriations Amendment agreed to
upper
Feb 12, 2026
Upper · Passed
Passed by for the day Block Vote (Voice Vote)
upper
Feb 11, 2026
Upper · Passed
Reported from Finance and Appropriations with amendment (13-Y 2-N)
upper
Feb 9, 2026
Upper · Passed
Reported from Courts of Justice with substitute and rereferred to Finance and Appropriations (10-Y 5-N)
upper
Feb 9, 2026
Upper · Passed
Senate committee offered
upper
Jan 9, 2026
Committee
Referred to Committee for Courts of Justice
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Barbara Favola
Barbara Favola
DDemocratic
VA
40