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HOUSE BILL NO. 1411
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on Finance and Appropriations
on March 9, 2026)
(Patron Prior to Substitute--Delegate Schmidt)
A BILL to amend and reenact §
19.2-271.6
of the Code of Virginia, relating to evidence of defendant's mental condition admissible.
Be it enacted by the General Assembly of Virginia:
1. That §
19.2-271.6
of the Code of Virginia is amended and reenacted as follows:
§
19.2-271.6
. Evidence of defendant's mental condition admissible; notice to Commonwealth.
A. For the purposes of this section:
"Developmental disability" means the same as that term is defined in §
37.2-100
.
"Intellectual disability" means the same as that term is defined in §
37.2-100
.
"Mental illness" means a disorder of thought, mood, perception, or orientation that significantly impairs judgment or capacity to recognize reality.
B. In any criminal case, evidence offered by the defendant concerning
the defendant's
his
mental condition at the time of the alleged offense, including expert testimony, is relevant, is not evidence concerning an ultimate issue of fact, and shall be admitted if such evidence (i)
tends
has any tendency
to show the defendant
did or
did not have
the
intent
required for
a mental state that is an element of
the offense
charged
or an affirmative defense
and (ii) is otherwise admissible pursuant to the general rules of evidence. For purposes of this section, to establish the underlying mental condition the defendant must show that his condition existed at the time of the offense and that the condition satisfies the diagnostic criteria for
(i)
(
a
)
a mental illness,
(ii)
(
b
)
a developmental disability or
an
intellectual disability, or
(iii)
(
c
)
autism spectrum disorder
or a
major
neurocognitive disorder
as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association.
If a defendant intends to introduce evidence pursuant to this section, he, or his counsel, shall give notice in writing to the attorney for the Commonwealth, at least 60 days prior to his trial in circuit court, or at least 21 days prior to trial in general district court or juvenile and domestic relations district court, or at least 14 days if the trial date is set within 21 days of last court appearance, of his intention to present such evidence. In the event that such notice is not given
,
and the
person
defendant
proffers such evidence at his trial as a defense,
then
the court may
in its discretion either
allow the Commonwealth a continuance or, under appropriate circumstances, bar the defendant from presenting such evidence. The period of any such continuance shall not be counted for speedy trial purposes under §
19.2-243
.
If a defendant intends to introduce expert testimony pursuant to this section, the defendant shall provide the Commonwealth with
(a)
(1)
any written report of the expert witness setting forth the witness's opinions and the bases and reasons for those opinions, or, if there is no such report, a written summary of the expected expert testimony setting forth the witness's opinions and bases and reasons for those opinions, and
(b)
(2)
the witness's qualifications and contact information.
Each expert appointed by the court to render professional service to an indigent defendant pursuant to this section shall be paid a fee in accordance with the provisions of §
19.2-175
, provided that
,
notwithstanding the foregoing limitation, the court in its discretion and subject to guidelines issued by the Executive Secretary of the Supreme Court of Virginia may waive the limitation of fees up to a total payment of $5,000 when the effort expended, the time reasonably necessary for the particular representation, the novelty and difficulty of the issues, or other circumstances warrant such a waiver.
C. The defendant, when introducing evidence pursuant to this section, shall permit the Commonwealth to inspect, copy, or photograph any written reports of any physical or mental examination of the accused made in connection with the case, provided that no statement made by the accused in the course of such an examination disclosed pursuant to this subsection shall be used by the Commonwealth in its case in chief, whether the examination was conducted with or without the consent of the accused.
D. Nothing in this section shall prevent the Commonwealth from introducing relevant, admissible evidence, including expert testimony, in rebuttal to evidence introduced by the defendant pursuant to this section.
E. Nothing in this section shall be construed as limiting the authority of the court from entering an emergency custody order pursuant to subsection A of §
37.2-808
.
F. Nothing in this section shall be construed to affect the requirements for a defense of insanity pursuant to Chapter 11 (§
19.2-167
et seq.).
G. Nothing in this section shall be construed as permitting the introduction of evidence of voluntary intoxication.