VirginiaDefendant; evidence of mental condition admissible.
What it does
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.
More detail
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.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 14Failed to Pass from conferenceLatest
- Mar 14No further action taken
- Mar 12Senate insisted on substituteMajor
- Vote recorded H VOTE:. Result: fail.Lower
- Vote recorded Insist & Request R. Result: pass.Upper
- Mar 12Senate Conferees: Perry, Deeds, Stuart
- Mar 12Conferees appointed by Senate
- Mar 12House Conferees: Schmidt, Watts, Davis
- Mar 12Conferees appointed by House
- Mar 12House acceded to request
- Mar 12Senate requested conference committeeMinor
- Mar 12Senate insisted on substitute Block Vote (40-Y 0-N 0-A)Major
- Mar 12Senate substitute rejected by House (0-Y 97-N 0-A)
- Mar 11Passed Senate with substitute (21-Y 19-N 0-A)Passed Senate
- Vote recorded Passage R. Result: pass.Upper
- Mar 11Engrossed by Senate - committee substituteMajor
- Mar 11Finance and Appropriations Substitute agreed to
- Mar 11Courts of Justice Amendments rejectedMinor
- Mar 11Read third timeMinor
- Mar 10Passed by for the day (Voice Vote)
- Vote recorded Constitutional reading dispensed (on 2nd reading). Result: pass.Upper
- Mar 10Constitutional reading dispensed (on 2nd reading) (37-Y 0-N 0-A)
- Mar 10Rules suspended
- Mar 10Committee substitute printed 26109439D-S1Major
- Mar 9Reported from Finance and Appropriations with substitute (10-Y 4-N)Minor
- Vote recorded Reported from Finance and Appropriations with substitute. Result: pass.Upper
- Mar 4Reported from Courts of Justice with amendments and rereferred to Finance and Appropriations (9-Y 6-N)Minor
- Vote recorded Reported from Courts of Justice with amendments. Result: pass.Upper
- Mar 4Senate committee offered
- Feb 20Fiscal Impact Statement from Department of Planning and Budget (HB1411)
- Feb 18Referred to Committee for Courts of JusticeMinor
- Feb 18Constitutional reading dispensed (on 1st reading)
- Feb 17Read third time and passed House (62-Y 35-N 0-A)Passed House
- Vote recorded H VOTE:. Result: pass.Lower
- Feb 16Engrossed by House - committee substituteMajor
- Feb 16committee substitute agreed toMajor
- Feb 16committee substitute rejected
- Feb 16Read second timeMinor
- Feb 15Read first timeMinor
- Feb 13Committee substitute printed 26107791D-H2Major
- Vote recorded Subcommittee recommends reporting with substitute. Result: pass.Lower
- Vote recorded Reported from Appropriations with substitute. Result: pass.Lower
- Feb 13Reported from Appropriations with substitute (15-Y 7-N)Minor
- Feb 13Subcommittee recommends reporting with substitute (5-Y 1-N)Major
- Feb 12Assigned HAPP sub: General Government and Capital OutlayMinor
- Feb 11Reported from Courts of Justice with substitute and referred to Appropriations (15-Y 7-N)Minor
- Vote recorded Reported from Courts of Justice with substitute. Result: pass.Lower
- Feb 11Committee substitute printed 26106804D-H1Major
- Feb 6Subcommittee recommends reporting with substitute and referring to Appropriations (7-Y 3-N)Major
- Vote recorded Subcommittee recommends reporting with substitute. Result: pass.Lower
- Feb 6House subcommittee offered
- Feb 5Fiscal Impact Statement from Department of Planning and Budget (HB1411)
- Jan 30Assigned HCJ sub: CriminalMinor
- Jan 22Referred to Committee for Courts of JusticeMinor
- Jan 22Presented and ordered printed 26103276DIntroduced