HB247 • 2026

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

An Act to amend and reenact § 19.2-303.6 of the Code of Virginia, relating to deferred disposition in a criminal case; persons with autism, intellectual disabilities, or developmental disabilities; expungement.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Watts
Last action: 2026-04-13
Official status: Acts of Assembly Chapter
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

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

Deferred disposition in a criminal case; persons with autism, intellectual disabilities, or developmental disabilities; expungement.

What This Bill Does

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.

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB247AHC1

2026-02-02

Courts of Justice Amendment

Plain English: OFFERED FOR CONSIDERATION 2/02/2026 HB 247 SUBCOMMITTEE 1.

OFFERED FOR CONSIDERATION 2/02/2026 HB 247 SUBCOMMITTEE 1.
Line 14, introduced, after statute insert other than § 19.2-298.02 SUBCOMMITTEE 2.
After line 38, introduced insert D.
No statement made by the defendant at a hearing pursuant to this section or during an examination conducted for the purposes of establishing the criteria listed in subsection A shall be admissible in any criminal proceeding, except that any such statement (i) made under oath may be admissible in a criminal proceeding for perjury or (ii) may be used for the purpose of impeaching the defendant in the trial of any other criminal matter, provided the testimony or evidence being used for impeachment was produced by the defendant voluntarily.

HB247AHC2

2026-02-02 • Committee

Criminal Subcommittee Amendment

Plain English: 2/02/2026 HB 247 SUBCOMMITTEE 1.

2/02/2026 HB 247 SUBCOMMITTEE 1.
Line 14, introduced, after statute insert other than § 19.2-298.02 SUBCOMMITTEE 2.
After line 38, introduced insert D.
No statement made by the defendant at a hearing pursuant to this section or during an examination conducted for the purposes of establishing the criteria listed in subsection A shall be admissible in any criminal proceeding, except that any such statement (i) made under oath may be admissible in a criminal proceeding for perjury or (ii) may be used for the purpose of impeaching the defendant in the trial of any other criminal matter, provided the testimony or evidence being used for impeachment was produced by the defendant voluntarily.

HB247AHC3

2026-02-05 • Committee

Criminal Subcommittee Amendment

Plain English: 2/05/2026 HB 247 COURTS OF JUSTICE 1.

2/05/2026 HB 247 COURTS OF JUSTICE 1.
Line 5, introduced, Title, after autism strike or insert , [a comma] COURTS OF JUSTICE 2.
Line 5, introduced, Title, after disabilities insert , or developmental disabilities COURTS OF JUSTICE 3.
Line 12, introduced, after autism strike or insert , [a comma] COURTS OF JUSTICE 4.

HB247AH1

2026-02-05 • Committee

Courts of Justice Amendment

Plain English: 2/05/2026 HB 247 COURTS OF JUSTICE 1.

2/05/2026 HB 247 COURTS OF JUSTICE 1.
Line 5, introduced, Title, after autism strike or insert , [a comma] COURTS OF JUSTICE 2.
Line 5, introduced, Title, after disabilities insert , or developmental disabilities COURTS OF JUSTICE 3.
Line 12, introduced, after autism strike or insert , [a comma] COURTS OF JUSTICE 4.

Bill History

2026-04-13 Governor
Approved by Governor-Chapter 960 (effective 7/1/2026)
2026-04-13 Governor
Acts of Assembly Chapter text (CHAP0960)
2026-03-10 House
Enrolled Bill communicated to Governor on March 10, 2026
2026-03-10 Governor
Governor's Action Deadline 11:59 p.m., April 13, 2026
2026-03-04 House
Signed by Speaker
2026-03-04 Senate
Signed by President
2026-03-04 House
Enrolled
2026-03-04 House
Bill text as passed House and Senate (HB247ER)
2026-03-04 House
Fiscal Impact Statement from Department of Planning and Budget (HB247)
2026-02-27 House
Senate substitute agreed to by House (62-Y 33-N 0-A)
2026-02-25 Senate
Read third time
2026-02-25 Senate
Engrossed by Senate - committee substitute
2026-02-25 Courts of Justice
Courts of Justice Substitute agreed to
2026-02-25 Senate
Passed Senate with substitute (32-Y 8-N 0-A)
2026-02-24 Senate
Rules suspended
2026-02-24 Senate
Rules suspended
2026-02-24 Senate
Passed by for the day
2026-02-24 Senate
Constitutional reading dispensed Block Vote (on 2nd reading) (39-Y 0-N 0-A)
2026-02-24 Senate
Passed by for the day Block Vote (Voice Vote)
2026-02-23 Courts of Justice
Reported from Courts of Justice with substitute (10-Y 4-N)
2026-02-23 Senate
Senate committee offered
2026-02-23 Courts of Justice
Committee substitute printed 26108374D-S1
2026-02-20 House
Fiscal Impact Statement from Department of Planning and Budget (HB247)
2026-02-16 Senate
Constitutional reading dispensed (on 1st reading)
2026-02-16 Courts of Justice
Referred to Committee for Courts of Justice
2026-02-13 House
Read third time and passed House (59-Y 36-N 0-A)
2026-02-12 House
Read second time
2026-02-12 House
committee amendments agreed to
2026-02-12 House
Engrossed by House as amended
2026-02-11 House
Read first time
2026-02-09 Appropriations
Reported from Appropriations (15-Y 7-N)
2026-02-06 General Government and Capital Outlay
Subcommittee recommends reporting (6-Y 1-N)
2026-02-05 General Government and Capital Outlay
Assigned HAPP sub: General Government and Capital Outlay
2026-02-04 Courts of Justice
Reported from Courts of Justice with amendment(s) and referred to Appropriations (15-Y 7-N)
2026-02-02 Criminal
Subcommittee recommends reporting with amendment(s) and referring to Appropriations (8-Y 2-N)
2026-02-02 Criminal
House subcommittee offered
2026-01-30 Criminal
Assigned HCJ sub: Criminal
2026-01-23 House
Fiscal Impact Statement from Department of Planning and Budget (HB247)
2026-01-08 House
Prefiled and ordered printed; Offered 01-14-2026 26102493D
2026-01-08 Courts of Justice
Referred to Committee for Courts of Justice

Official Summary Text

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 SB 416.

Current Bill Text

Read the full stored bill text

An Act to amend and reenact §
19.2-303.6
of the Code of Virginia, relating to deferred disposition in a criminal case; persons with autism, intellectual disabilities, or developmental disabilities; expungement.
Be it enacted by the General Assembly of Virginia:
1. That §
19.2-303.6
of the Code of Virginia is amended and reenacted as follows:
§
19.2-303.6
. Deferred disposition in a criminal case; persons with autism, intellectual disabilities, or developmental disabilities.
A. In any criminal case, except a violation of §
18.2-31
, an act of violence as defined in §
19.2-297.1
, or any crime for which a deferred disposition is provided for by statute
other than §
19.2-298.02
, upon a plea of guilty, or after a plea of not guilty, and the facts found by the court would justify a finding of guilt, the court may, if the defendant has been diagnosed by a psychiatrist or clinical psychologist with (i) an autism spectrum disorder as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association or (ii) an intellectual disability
or developmental disability
as
those terms are
defined in §
37.2-100
and the court finds by clear and convincing evidence that the criminal conduct was caused by or had a direct and substantial relationship to the person's disorder or disability, without entering a judgment of guilt and with the consent of the accused, after giving due consideration to the position of the attorney for the Commonwealth and the views of the victim, defer further proceedings and place the accused on probation subject to terms and conditions set by the court.
The defendant may request a hearing at which the facts may be proffered by the parties to determine the appropriateness of a deferred disposition at any time before or after any plea. If such a hearing occurs before a plea of guilty and the court determines that a deferred disposition is appropriate, the defendant shall stipulate to sufficient facts to justify a finding of guilt prior to the entry of any deferred disposition.
Upon violation of a term or condition, the court may enter an adjudication of guilt; or upon fulfillment of the terms and conditions, the court may discharge the person and dismiss the proceedings against him without an adjudication of guilt. This section shall not limit the authority of any juvenile and domestic relations
district
court granted to it in Title 16.1.
B. Deferred disposition shall be available to the defendant even though he has previously been convicted of a criminal offense, been adjudicated delinquent as a juvenile, or had proceedings deferred and dismissed under this section or under any other provision of law, unless, after having considered the position of the attorney for the Commonwealth, the views of the victims, and any evidence offered by the defendant, the court finds that deferred disposition is inconsistent with the interests of justice.
C. A charge that is dismissed pursuant to this section, including an original charge that was reduced or a charge that is dismissed after a plea or stipulation of the fact that would justify a finding of guilt, may be considered as otherwise dismissed for the purposes of expungement of police and court records in accordance with §
19.2-392.2
.
D. No statement made by the defendant at a hearing pursuant to this section or during an examination conducted for the purposes of establishing the criteria listed in subsection A shall be admissible in any criminal proceeding, except that any such statement (i) made under oath may be admissible in a criminal proceeding for perjury or (ii) may be used for the purpose of impeaching the defendant in the trial of any other criminal matter, provided the testimony or evidence being used for impeachment was produced by the defendant voluntarily.