VirginiaSB4162026 Regular SessionSenate

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

Sponsored By: Jennifer B. Boysko (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 HB 247.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 3 benefits, 0 costs, 0 mixed.

Deferred disposition for defendants with autism or developmental disabilities

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).

Expungement after dismissal in disability deferral

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.

Protections for statements in eligibility hearings

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.

Sponsors & Cosponsors

Sponsor

  • Jennifer B. Boysko

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

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

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0961)

    4/13/2026Governor
  2. Approved by Governor-Chapter 961 (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

    3/10/2026Senate
  5. Fiscal Impact Statement from Department of Planning and Budget (SB416)

    3/2/2026Senate
  6. Bill text as passed Senate and House (SB416ER)

    2/27/2026Senate
  7. Enrolled

    2/27/2026Senate
  8. Signed by President

    2/27/2026Senate
  9. Signed by Speaker

    2/27/2026House
  10. House amendment agreed to by Senate (29-Y 11-N 0-A)

    2/25/2026Senate
  11. Passed House with amendment (63-Y 34-N 0-A)

    2/23/2026House
  12. Engrossed by House as amended

    2/23/2026House
  13. committee amendment agreed to

    2/23/2026House
  14. Read third time

    2/23/2026House
  15. Read second time

    2/20/2026House
  16. Reported from Courts of Justice with amendment(s) (15-Y 7-N)

    2/18/2026House
  17. Read first time

    2/17/2026House
  18. Referred to Committee for Courts of Justice

    2/17/2026House
  19. Placed on Calendar

    2/17/2026House
  20. Fiscal Impact Statement from Department of Planning and Budget (SB416)

    2/16/2026Senate
  21. Read third time and passed Senate (36-Y 4-N 0-A)

    2/12/2026Senate
  22. Courts of Justice Amendments agreed to

    2/11/2026Senate
  23. Engrossed by Senate as amended (Voice Vote)

    2/11/2026Senate
  24. Read second time

    2/11/2026Senate
  25. Passed by for the day Block Vote (Voice Vote)

    2/10/2026Senate

Bill Text

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