VirginiaHB2472026 Regular SessionHouse

Deferred dispos. in criminal case; persons with autism, intellectual, or developmental disabilities.

Sponsored By: Vivian E. Watts (Democratic)

Became Law

Summary

Deferred disposition in a criminal case; persons with autism, intellectual disabilities, or developmental disabilities; expungement. Adds developmental disabilities to the autism and intellectual disability deferred disposition statute. The bill also provides that when a court defers and dismisses a charge pursuant to the autism, intellectual disability, or developmental disability deferred disposition statute, such charge may be considered as otherwise dismissed for purposes of expungement of police and court records. The bill also (i) clarifies that the defendant may request a hearing to determine the appropriateness of a deferred disposition at any time before or after any plea and (ii) provides that no statement made by the defendant at such a hearing is admissible in any criminal proceeding, except that any such statement made under oath may be admissible in a criminal proceeding for perjury or for purposes of impeachment in a criminal matter. This bill is identical to SB 416.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 1 costs, 1 mixed.

Record clearing and statement protections

If your charge is dismissed under this law, it counts as a dismissal for expungement. That can make your police and court records eligible for expungement under § 19.2-392.2. Statements you make at an eligibility hearing or during exams are not admissible in criminal cases. Two narrow exceptions apply: sworn statements can be used for perjury, and voluntary statements can be used to impeach you in another trial.

Serious violent crimes excluded

This option is not available for a violation of § 18.2-31 (capital murder). It is also barred for acts of violence defined in § 19.2-297.1. It does not apply when another statute already allows deferred disposition for that crime, except § 19.2-298.02.

Deferred probation for defendants with disabilities

Courts can pause a criminal case for a person diagnosed with autism or an intellectual or developmental disability. The judge must find clear and convincing evidence the conduct was caused by or closely tied to the condition. You must consent, and the court considers the prosecutor and the victim. You can ask for a hearing; before a plea, if approved, you must agree to facts that support guilt. If you follow probation terms, the case can be dismissed; if you violate them, the court can enter guilt. You may seek this even with prior convictions or earlier deferred cases, unless the judge finds it would be unjust after hearing from all sides.

Sponsors & Cosponsors

Sponsor

  • Vivian E. Watts

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 246 • No: 98

House vote 2/27/2026

Senate substitute agreed to by House

Yes: 62 • No: 33

Senate vote 2/25/2026

Passed Senate with substitute

Yes: 32 • No: 8

Senate vote 2/25/2026

Courts of Justice Substitute agreed to

Yes: 0 • No: 0

Senate vote 2/24/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/24/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 39 • No: 0

Senate vote 2/23/2026

Reported from Courts of Justice with substitute

Yes: 10 • No: 4

House vote 2/13/2026

Read third time and passed House

Yes: 59 • No: 36

House vote 2/9/2026

Reported from Appropriations

Yes: 15 • No: 7

House vote 2/6/2026

Subcommittee recommends reporting

Yes: 6 • No: 1 • Other: 1

House vote 2/4/2026

Reported from Courts of Justice with amendment(s) and referred to Appropriations

Yes: 15 • No: 7

House vote 2/2/2026

Subcommittee recommends reporting with amendment(s) and referring to Appropriations

Yes: 8 • No: 2 • Other: 1

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0960)

    4/13/2026Governor
  2. Approved by Governor-Chapter 960 (effective 7/1/2026)

    4/13/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/10/2026Governor
  4. Enrolled Bill communicated to Governor on March 10, 2026

    3/10/2026House
  5. Fiscal Impact Statement from Department of Planning and Budget (HB247)

    3/4/2026House
  6. Bill text as passed House and Senate (HB247ER)

    3/4/2026House
  7. Enrolled

    3/4/2026House
  8. Signed by President

    3/4/2026Senate
  9. Signed by Speaker

    3/4/2026House
  10. Senate substitute agreed to by House (62-Y 33-N 0-A)

    2/27/2026House
  11. Passed Senate with substitute (32-Y 8-N 0-A)

    2/25/2026Senate
  12. Courts of Justice Substitute agreed to

    2/25/2026Senate
  13. Engrossed by Senate - committee substitute

    2/25/2026Senate
  14. Read third time

    2/25/2026Senate
  15. Passed by for the day Block Vote (Voice Vote)

    2/24/2026Senate
  16. Constitutional reading dispensed Block Vote (on 2nd reading) (39-Y 0-N 0-A)

    2/24/2026Senate
  17. Rules suspended

    2/24/2026Senate
  18. Committee substitute printed 26108374D-S1

    2/23/2026Senate
  19. Senate committee offered

    2/23/2026Senate
  20. Reported from Courts of Justice with substitute (10-Y 4-N)

    2/23/2026Senate
  21. Fiscal Impact Statement from Department of Planning and Budget (HB247)

    2/20/2026House
  22. Referred to Committee for Courts of Justice

    2/16/2026Senate
  23. Constitutional reading dispensed (on 1st reading)

    2/16/2026Senate
  24. Read third time and passed House (59-Y 36-N 0-A)

    2/13/2026House
  25. Engrossed by House as amended

    2/12/2026House

Bill Text

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