# Virginia SB416: Deferred dispos. in criminal case; persons with autism, intellectual, or developmental disabilities.

Virginia SB416, Deferred dispos. in criminal case; persons with autism, intellectual, or developmental disabilities., is a 2026 Regular Session Senate bill sponsored by Jennifer B. Boysko (Democratic); status signed, last action 2026-04-13 (Acts of Assembly Chapter text (CHAP0961)) (as of 2026-10-12).

- Canonical: https://policyrisk.com/state-bill/VA-SB416-2026
- As of: 2026-10-12
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Bill: Virginia SB416
- State: Virginia
- Session: 2026 Regular Session
- Title: Deferred dispos. in criminal case; persons with autism, intellectual, or developmental disabilities.
- Status: signed
- Chamber: Senate
- Introduced: 2026-01-13
- Last action: 2026-04-13, Acts of Assembly Chapter text (CHAP0961)
- Sponsor: Jennifer B. Boysko (Democratic)
- Cosponsors: 0
- Touches household money: no
- Roll calls: 7 (166 yes, 48 no in all)
- Economic provisions PRIA read: 3

## 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.

## Bill overview: provisions PRIA read

- Deferred disposition for defendants with autism or developmental disabilities: benefit, high. 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 di…
- Expungement after dismissal in disability deferral: benefit, high. 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: benefit, medium. 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 and cosponsors

- Sponsor: Jennifer B. Boysko (Democratic), Senate

## Roll call votes

| Date | Chamber | Motion | Result | Yes | No | Other |
| --- | --- | --- | --- | --- | --- | --- |
| 2026-02-23 | House | Passed House with amendment | pass | 63 | 34 |   |
| 2026-02-18 | House | Reported from Courts of Justice with amendment(s) | pass | 15 | 7 |   |
| 2026-02-12 | Senate | Read third time and passed Senate | pass | 36 | 4 |   |
| 2026-02-11 | Senate | Courts of Justice Amendments agreed to | pass | 0 | 0 |   |
| 2026-02-10 | Senate | Passed by for the day Block Vote (Voice Vote) | pass | 0 | 0 |   |
| 2026-02-10 | Senate | Constitutional reading dispensed Block Vote (on 1st reading) | pass | 40 | 0 |   |
| 2026-02-09 | Senate | Reported from Courts of Justice with amendments | pass | 12 | 3 |   |

## Actions (31)

- 2026-04-13: Acts of Assembly Chapter text (CHAP0961) (Governor)
- 2026-04-13: Approved by Governor-Chapter 961 (effective 7/1/2026) (Governor)
- 2026-03-10: Governor's Action Deadline 11:59 p.m., April 13, 2026 (Governor)
- 2026-03-10: Enrolled Bill communicated to Governor on March 10, 2026 (Senate)
- 2026-03-02: Fiscal Impact Statement from Department of Planning and Budget (SB416) (Senate)
- 2026-02-27: Bill text as passed Senate and House (SB416ER) (Senate)
- 2026-02-27: Enrolled (Senate)
- 2026-02-27: Signed by President (Senate)
- 2026-02-27: Signed by Speaker (House)
- 2026-02-25: House amendment agreed to by Senate (29-Y 11-N 0-A) (Senate)
- 2026-02-23: Passed House with amendment (63-Y 34-N 0-A) (House)
- 2026-02-23: Engrossed by House as amended (House)
- 2026-02-23: committee amendment agreed to (House)
- 2026-02-23: Read third time (House)
- 2026-02-20: Read second time (House)
- 2026-02-18: Reported from Courts of Justice with amendment(s) (15-Y 7-N) (House)
- 2026-02-17: Read first time (House)
- 2026-02-17: Referred to Committee for Courts of Justice (House)
- 2026-02-17: Placed on Calendar (House)
- 2026-02-16: Fiscal Impact Statement from Department of Planning and Budget (SB416) (Senate)
- 2026-02-12: Read third time and passed Senate (36-Y 4-N 0-A) (Senate)
- 2026-02-11: Courts of Justice Amendments agreed to (Senate)
- 2026-02-11: Engrossed by Senate as amended (Voice Vote) (Senate)
- 2026-02-11: Read second time (Senate)
- 2026-02-10: Passed by for the day Block Vote (Voice Vote) (Senate)
- 2026-02-10: Constitutional reading dispensed Block Vote (on 1st reading) (40-Y 0-N 0-A) (Senate)
- 2026-02-10: Rules suspended (Senate)
- 2026-02-09: Senate committee offered (Senate)
- 2026-02-09: Reported from Courts of Justice with amendments (12-Y 3-N) (Senate)
- 2026-01-13: Referred to Committee for Courts of Justice (Senate)
- 2026-01-13: Prefiled and ordered printed; Offered 01-14-2026 26100769D (Senate)

## Bill text

- Chaptered, 2026-04-13: [HTML](https://lis.blob.core.windows.net/files/1224757.HTML), [PDF](https://lis.blob.core.windows.net/files/1224756.PDF)
- Enrolled, 2026-02-27: [HTML](https://lis.blob.core.windows.net/files/1181979.HTML), [PDF](https://lis.blob.core.windows.net/files/1181978.PDF)
- Amendment, 2026-02-24: [HTML](https://lis.blob.core.windows.net/files/1178742.HTML)
- Amendment, 2026-02-18: [HTML](https://lis.blob.core.windows.net/files/1169656.HTML)
- Engrossed, 2026-02-11: [HTML](https://lis.blob.core.windows.net/files/1139634.HTML), [PDF](https://lis.blob.core.windows.net/files/1139633.PDF)
- Amendment, 2026-02-10: [HTML](https://lis.blob.core.windows.net/files/1138160.HTML)
- Amendment, 2026-02-09: [HTML](https://lis.blob.core.windows.net/files/1134113.HTML)
- Introduced, 2026-01-13: [HTML](https://lis.blob.core.windows.net/files/1089984.HTML), [PDF](https://lis.blob.core.windows.net/files/1089983.PDF)

## Related bills

- HB5: Employment; paid sick leave, civil penalties. (signed)
- SB199: Employment; paid sick leave, civil penalties. (signed)
- HB95: Va. Residential Landlord and Tenant Act; landlord remedies, noncompliance with rental agreement. (signed)
- HB1393: Electric utilities; pilot program for energy assistance and weatherization for certain individuals. (signed)
- HB834: Virginia Residential Landlord and Tenant Act; fire or casualty damage, termination by landlord. (signed)
- HB675: Protection of employees; coercion or threat based on immigration status, civil penalty. (signed)

## Sources
- [Chaptered (HTML)](https://lis.blob.core.windows.net/files/1224757.HTML)
- [Chaptered (PDF)](https://lis.blob.core.windows.net/files/1224756.PDF)
- [Enrolled (HTML)](https://lis.blob.core.windows.net/files/1181979.HTML)
- [Enrolled (PDF)](https://lis.blob.core.windows.net/files/1181978.PDF)
- [Amendment (HTML)](https://lis.blob.core.windows.net/files/1178742.HTML)
- [Amendment (HTML)](https://lis.blob.core.windows.net/files/1169656.HTML)
- [Engrossed (HTML)](https://lis.blob.core.windows.net/files/1139634.HTML)
- [Engrossed (PDF)](https://lis.blob.core.windows.net/files/1139633.PDF)
- [Amendment (HTML)](https://lis.blob.core.windows.net/files/1138160.HTML)
- [Amendment (HTML)](https://lis.blob.core.windows.net/files/1134113.HTML)
- [Introduced (HTML)](https://lis.blob.core.windows.net/files/1089984.HTML)
- [Introduced (PDF)](https://lis.blob.core.windows.net/files/1089983.PDF)

## Related
- [HB5: Employment; paid sick leave, civil penalties.](https://policyrisk.com/state-bill/VA-HB5-2026)
- [SB199: Employment; paid sick leave, civil penalties.](https://policyrisk.com/state-bill/VA-SB199-2026)
- [HB95: Va. Residential Landlord and Tenant Act; landlord remedies, noncompliance with…](https://policyrisk.com/state-bill/VA-HB95-2026)
- [HB1393: Electric utilities; pilot program for energy assistance and weatherization for…](https://policyrisk.com/state-bill/VA-HB1393-2026)
- [HB834: Virginia Residential Landlord and Tenant Act; fire or casualty damage, terminat…](https://policyrisk.com/state-bill/VA-HB834-2026)
- [HB675: Protection of employees; coercion or threat based on immigration status, civil…](https://policyrisk.com/state-bill/VA-HB675-2026)
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Source: PRIA, https://policyrisk.com/state-bill/VA-SB416-2026 (as of 2026-10-12).