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HB1411Introduced in the House of Delegates

Defendant; evidence of mental condition admissible.

Engrossed

Introduced by Charlie Schmidt, District 77

What does this bill do?

Plain-English breakdown

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Official description

Evidence of defendant's mental condition admissible. Provides that evidence of the defendant's mental condition at the time of the alleged offense, including lay testimony, may be admitted and considered if such evidence (i) has any tendency to show the defendant did or did not have a mental state that is an element of the offense or an affirmative defense and (ii) is otherwise admissible pursuant to the general rules of evidence. The bill also provides such evidence offered by the defendant that shows he had a mental condition at the time of or near any act related to the offense, or a defense to or for such offense, is admissible as it has a tendency to show the defendant did not have the required mental state. The current standard requires that such evidence tend to show the defendant did not have the intent required for the offense charged. The bill also provides that notwithstanding any other provision of law or rule of evidence, any statement made by the accused to an expert during an examination to allow such expert to form an opinion on whether or not the accused had a mental condition at the time of or near any act related to the offense, or a defense to or for such offense, is admissible if such statement is offered by the accused.

Where it stands

Failed to Pass from conference

March 14, 2026

How did lawmakers vote?

House of Delegates votes

6 recorded votes · each counted separately

Senate votes

5 recorded votes · each counted separately

SenateStage: Senate insisted on substitute Block Vote (40-Y 0-N 0-A) · March 12, 2026

40

Yes

0

No

0

Absent or Not Voting

40 senators recorded in this Senate vote. Colors show vote categories only, not whether a vote was good or bad.

See how each senator voted

SenatorDistrictVote
Elizabeth Bennett-Parker5Yes
Michael Jones77Yes
Timmy French1Yes
Mark Obenshain2Yes
Chris Head3Yes
David Suetterlein4Yes
Travis Hackworth5Yes
Todd Pillion6Yes
William Stanley7Yes
Mark Peake8Yes

Bill history

  1. Presented and ordered printed 26103276D

  2. Referred to Committee for Courts of Justice

  3. Assigned HCJ sub: Criminal

  4. Fiscal Impact Statement from Department of Planning and Budget (HB1411)

  5. House subcommittee offered

  6. Subcommittee recommends reporting with substitute and referring to Appropriations (7-Y 3-N)

  7. Committee substitute printed 26106804D-H1

  8. Reported from Courts of Justice with substitute and referred to Appropriations (15-Y 7-N)

  9. Assigned HAPP sub: General Government and Capital Outlay

  10. Subcommittee recommends reporting with substitute (5-Y 1-N)

  11. Reported from Appropriations with substitute (15-Y 7-N)

  12. Committee substitute printed 26107791D-H2

  13. Read first time

  14. Read second time

  15. committee substitute rejected

  16. committee substitute agreed to

  17. Engrossed by House - committee substitute

  18. Read third time and passed House (62-Y 35-N 0-A)

  19. Constitutional reading dispensed (on 1st reading)

  20. Referred to Committee for Courts of Justice

  21. Fiscal Impact Statement from Department of Planning and Budget (HB1411)

  22. Senate committee offered

  23. Reported from Courts of Justice with amendments and rereferred to Finance and Appropriations (9-Y 6-N)

  24. Reported from Finance and Appropriations with substitute (10-Y 4-N)

  25. Committee substitute printed 26109439D-S1

  26. Rules suspended

  27. Constitutional reading dispensed (on 2nd reading) (37-Y 0-N 0-A)

  28. Passed by for the day (Voice Vote)

  29. Read third time

  30. Courts of Justice Amendments rejected

  31. Finance and Appropriations Substitute agreed to

  32. Engrossed by Senate - committee substitute

  33. Passed Senate with substitute (21-Y 19-N 0-A)

  34. Senate substitute rejected by House (0-Y 97-N 0-A)

  35. Senate insisted on substitute Block Vote (40-Y 0-N 0-A)

  36. Senate requested conference committee

  37. House acceded to request

  38. Conferees appointed by House

  39. House Conferees: Schmidt, Watts, Davis

  40. Conferees appointed by Senate

  41. Senate Conferees: Perry, Deeds, Stuart

  42. Senate insisted on substitute

  43. No further action taken

  44. Failed to Pass from conference

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