# Virginia SB765: Incapacitated persons; finding of lack of capacity to understand act of voting.

Virginia SB765, Incapacitated persons; finding of lack of capacity to understand act of voting., is a 2025 Regular Session Senate bill sponsored by Barbara A. Favola (Democratic); status failed, last action 2025-02-18 (Left in Courts of Justice) (as of 2026-10-17).

- Canonical: https://policyrisk.com/state-bill/VA-SB765-2025
- As of: 2026-10-17
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Bill: Virginia SB765
- State: Virginia
- Session: 2025 Regular Session
- Title: Incapacitated persons; finding of lack of capacity to understand act of voting.
- Status: failed
- Chamber: Senate
- Introduced: 2024-12-16
- Last action: 2025-02-18, Left in Courts of Justice
- Sponsor: Barbara A. Favola (Democratic)
- Cosponsors: 0
- Subjects: Courts of Justice
- Touches household money: no
- Roll calls: 4 (102 yes, 2 no in all)
- Economic provisions PRIA read: 0

## Summary

Incapacitated persons; finding of lack of capacity to understand the act of voting. Provides that no person shall be deemed disqualified to vote due to lack of capacity for the purposes of Article II, Section 1 of the Constitution of Virginia unless the court makes a specific finding by clear and convincing evidence that such person lacks the capacity to understand the act of voting. The bill allows any person deemed disqualified to vote due to lack of capacity prior to July 1, 2025, to file a petition for a court to review such determination in accordance with the provisions of the bill. The bill also requires the report of a guardian ad litem in a guardianship or conservatorship to include whether the respondent lacks the capacity to understand the act of voting. As introduced, this bill was a recommendation of the Disability Commission.

## Bill overview

No economic impacts identified for this bill.

## Sponsors and cosponsors

- Sponsor: Barbara A. Favola (Democratic), Senate

## Roll call votes

| Date | Chamber | Motion | Result | Yes | No | Other |
| --- | --- | --- | --- | --- | --- | --- |
| 2025-02-04 | Senate | Read third time and passed Senate | pass | 39 | 0 | 1 |
| 2025-01-31 | Senate | Constitutional reading dispensed Block Vote (on 1st reading) | pass | 39 | 0 |   |
| 2025-01-29 | Senate | Reported from Courts of Justice with substitute | pass | 10 | 2 | 3 |
| 2025-01-17 | Senate | Rereferred from Rehabilitation and Social Services to Courts of Justice | pass | 14 | 0 |   |

## Actions (18)

- 2025-02-18: Left in Courts of Justice (House)
- 2025-02-07: Read first time (House)
- 2025-02-07: Referred to Committee for Courts of Justice (House)
- 2025-02-07: Placed on Calendar (House)
- 2025-02-04: Fiscal Impact Statement from Department of Planning and Budget (SB765) (Senate)
- 2025-02-04: Read third time and passed Senate (39-Y 0-N 1-A) (Senate)
- 2025-02-03: Engrossed by Senate - committee substitute (Senate)
- 2025-02-03: Courts of Justice Substitute agreed to (Senate)
- 2025-02-03: Reading of substitute waived (Senate)
- 2025-02-03: Read second time (Senate)
- 2025-01-31: Constitutional reading dispensed Block Vote (on 1st reading) (39-Y 0-N) (Senate)
- 2025-01-31: Passed by for the day (Senate)
- 2025-01-31: Rules suspended (Senate)
- 2025-01-29: Committee substitute printed 25104745D-S1 (Senate)
- 2025-01-29: Reported from Courts of Justice with substitute (10-Y 2-N 3-A) (Senate)
- 2025-01-17: Rereferred from Rehabilitation and Social Services to Courts of Justice (14-Y 0-N) (Senate)
- 2024-12-16: Referred to Committee on Rehabilitation and Social Services (Senate)
- 2024-12-16: Prefiled and ordered printed; Offered 01-08-2025 25101178D (Senate)

## Bill text

- Substitute, 2025-01-29: [HTML](https://lis.blob.core.windows.net/files/1029691.HTML), [PDF](https://lis.blob.core.windows.net/files/1029690.PDF)
- Introduced, 2024-12-16: [HTML](https://lis.blob.core.windows.net/files/1011743.HTML), [PDF](https://lis.blob.core.windows.net/files/1011742.PDF)

## Related bills

- HR671: Commending JR's Auto Care. (adopted)
- SB941: Robbery; use of air or gas operated weapon, etc., penalty. (failed)
- HB1746: Public safety officer; definition. (failed)
- HB1600: Budget Bill. (failed)
- SB1449: Data centers; site assessment for high energy use facility. (failed)
- HB1609: Essential health benefits benchmark plan; Commission to consider coverage for infertility treatment. (to governor)

## Sources
- [Substitute (HTML)](https://lis.blob.core.windows.net/files/1029691.HTML)
- [Substitute (PDF)](https://lis.blob.core.windows.net/files/1029690.PDF)
- [Introduced (HTML)](https://lis.blob.core.windows.net/files/1011743.HTML)
- [Introduced (PDF)](https://lis.blob.core.windows.net/files/1011742.PDF)

## Related
- [HR671: Commending JR's Auto Care.](https://policyrisk.com/state-bill/VA-HR671-2025)
- [SB941: Robbery; use of air or gas operated weapon, etc., penalty.](https://policyrisk.com/state-bill/VA-SB941-2025)
- [HB1746: Public safety officer; definition.](https://policyrisk.com/state-bill/VA-HB1746-2025)
- [HB1600: Budget Bill.](https://policyrisk.com/state-bill/VA-HB1600-2025)
- [SB1449: Data centers; site assessment for high energy use facility.](https://policyrisk.com/state-bill/VA-SB1449-2025)
- [HB1609: Essential health benefits benchmark plan; Commission to consider coverage for i…](https://policyrisk.com/state-bill/VA-HB1609-2025)
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- [Virginia state hub](https://policyrisk.com/states/virginia)
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Source: PRIA, https://policyrisk.com/state-bill/VA-SB765-2025 (as of 2026-10-17).