SB198Introduced in the Senate
Individuals with developmental or intellectual disabilities; admissibility of statements.
Introduced by Barbara Favola, District 40
What does this bill do?
Plain-English breakdown
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Official description
Admissibility of statements by individuals with developmental or intellectual disabilities in certain cases. Prohibits admission of any evidence from an individual with developmental disabilities or intellectual disabilities, as defined in relevant law, in certain criminal prosecutions unless the court finds by a preponderance of the evidence that such individual's decision to speak to law enforcement was not caused by and did not have a direct and substantial relationship to such individual's disability. The bill requires notice be given to the attorney for the Commonwealth if a defendant intends to introduce expert testimony regarding his disability. The bill prohibits any statements made by a defendant during an examination by an expert witness from being used against him except for impeachment or perjury. The provisions of the bill do not become effective unless reenacted by a subsequent regular or special session of the General Assembly.
Where it stands
Tabled in Appropriations (22-Y 0-N)
March 9, 2026
How did lawmakers vote?
House of Delegates votes
3 recorded votes · each counted separately
Senate votes
4 recorded votes · each counted separately
House of DelegatesStage: Tabled in Appropriations (22-Y 0-N) · March 9, 2026
22
Yes
0
No
0
Absent or Not Voting
22 delegates recorded in this House of Delegates vote. Colors show vote categories only, not whether a vote was good or bad.
What do people think?
Citizen Voice
How would you vote on this bill?
An unofficial public opinion poll. It does not affect the bill or the official vote.
One response per device. Location is self-reported and not verified. Results are informal and not a scientific survey.
See how each delegate voted
| Delegate | District | Vote |
|---|---|---|
| Charniele Herring | 4 | Yes |
| Paul Krizek | 16 | Yes |
| Kathy Tran | 18 | Yes |
| Joshua Thomas | 21 | Yes |
| Luke Torian | 24 | Yes |
| Briana Sewell | 25 | Yes |
| David Reid | 28 | Yes |
| Bill Wiley | 32 | Yes |
| Ellen McLaughlin | 36 | Yes |
| Terry Austin | 37 | Yes |
Bill history
Prefiled and ordered printed; Offered 01-14-2026 26104790D
Referred to Committee for Courts of Justice
Fiscal Impact Statement from Department of Planning and Budget (SB198)
Senate committee offered
Reported from Courts of Justice with substitute and rereferred to Finance and Appropriations (10-Y 5-N)
Committee substitute printed 26105843D-S1
Reported from Finance and Appropriations with amendment (13-Y 2-N)
Rules suspended
Constitutional reading dispensed Block Vote (on 1st reading) (40-Y 0-N 0-A)
Passed by for the day Block Vote (Voice Vote)
Read second time
Courts of Justice Substitute agreed to
Finance and Appropriations Amendment agreed to
Engrossed by Senate - committee substitute as amended (Voice Vote)
Read third time and passed Senate (21-Y 17-N 0-A)
Placed on Calendar
Read first time
Referred to Committee for Courts of Justice
Assigned HCJ sub: Criminal
House subcommittee offered
Subcommittee recommends reporting with amendment(s) and referring to Appropriations (7-Y 3-N)
Fiscal Impact Statement from Department of Planning and Budget (SB198)
Reported from Courts of Justice with amendment(s) and referred to Appropriations (15-Y 7-N)
Tabled in Appropriations (22-Y 0-N)
Verify the information
- Official page on the Virginia Legislature website
- Finance and Appropriations Amendment (amendment)
- Courts of Justice Amendment (amendment)
- Criminal Subcommittee Amendment (amendment)
- Courts of Justice Amendment (amendment)
- Fiscal Note/Analysis (supplement)
- Fiscal Note/Analysis (supplement)
- Introduced (text)
- Comm Sub (text)
- Comm Sub (text)
- Engrossed (text)
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