All Roll Calls
Yes: 166 • No: 48
Sponsored By: Jennifer B. Boysko (Democratic)
Became Law
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 HB 247.
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Virginia courts can defer a criminal case for people diagnosed with autism or an intellectual or developmental disability. A psychiatrist or clinical psychologist must make the diagnosis. The judge must find, by clear and convincing evidence, that the conduct was caused by or closely tied to the disability. With your consent, the court delays judgment and puts you on probation with terms it sets. You can ask for a hearing before or after any plea. If it is before a plea, you must stipulate to facts that justify guilt. If you finish the terms, the judge dismisses the case. If you violate terms, the judge can enter a conviction. Past convictions or prior deferred dismissals do not automatically bar this, unless the court finds it is against the interests of justice after hearing the prosecutor and the victim. This option is not available for capital murder (§ 18.2-31), acts of violence defined in § 19.2-297.1, or crimes that already have another deferral statute (other than § 19.2-298.02).
If your charge is dismissed under this deferred disposition, it counts as a dismissal for expungement. This includes original charges that were reduced or a dismissal after a plea or a facts stipulation. You can seek to expunge police and court records under § 19.2-392.2.
Statements you make at the deferred disposition hearing or during related exams are not admissible in criminal cases. Sworn statements can be used to prosecute perjury. Voluntary statements can be used to challenge your credibility in other trials.
Jennifer B. Boysko
Democratic • Senate
There are no cosponsors for this bill.
All Roll Calls
Yes: 166 • No: 48
House vote • 2/23/2026
Passed House with amendment
Yes: 63 • No: 34
House vote • 2/18/2026
Reported from Courts of Justice with amendment(s)
Yes: 15 • No: 7
Senate vote • 2/12/2026
Read third time and passed Senate
Yes: 36 • No: 4
Senate vote • 2/11/2026
Courts of Justice Amendments agreed to
Yes: 0 • No: 0
Senate vote • 2/10/2026
Passed by for the day Block Vote (Voice Vote)
Yes: 0 • No: 0
Senate vote • 2/10/2026
Constitutional reading dispensed Block Vote (on 1st reading)
Yes: 40 • No: 0
Senate vote • 2/9/2026
Reported from Courts of Justice with amendments
Yes: 12 • No: 3
Acts of Assembly Chapter text (CHAP0961)
Approved by Governor-Chapter 961 (effective 7/1/2026)
Governor's Action Deadline 11:59 p.m., April 13, 2026
Enrolled Bill communicated to Governor on March 10, 2026
Fiscal Impact Statement from Department of Planning and Budget (SB416)
Bill text as passed Senate and House (SB416ER)
Enrolled
Signed by President
Signed by Speaker
House amendment agreed to by Senate (29-Y 11-N 0-A)
Passed House with amendment (63-Y 34-N 0-A)
Engrossed by House as amended
committee amendment agreed to
Read third time
Read second time
Reported from Courts of Justice with amendment(s) (15-Y 7-N)
Read first time
Referred to Committee for Courts of Justice
Placed on Calendar
Fiscal Impact Statement from Department of Planning and Budget (SB416)
Read third time and passed Senate (36-Y 4-N 0-A)
Courts of Justice Amendments agreed to
Engrossed by Senate as amended (Voice Vote)
Read second time
Passed by for the day Block Vote (Voice Vote)
Chaptered
4/13/2026
Enrolled
2/27/2026
Amendment
2/24/2026
Amendment
2/18/2026
Engrossed
2/11/2026
Amendment
2/10/2026
Amendment
2/9/2026
Introduced
1/13/2026
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