Criminal proceedings; evidence of defendant's mental condition. (HB794)

Introduced By

Del. Jason Ballard (R-Pearisburg)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Criminal proceedings; evidence of defendant's mental condition. Repeals provisions permitting the admission of evidence by the defendant concerning a defendant's mental condition at the time of an alleged offense, including expert testimony, if such evidence is relevant, is not evidence concerning an ultimate issue of fact, and (i) tends to show the defendant did or did not have the intent required for the offense charged and (ii) is otherwise admissible pursuant to the general rules of evidence. The bill also removes provisions permitting a court to issue an emergency custody order in cases where such evidence was admitted and repeals provisions requiring the Office of the Executive Secretary of the Supreme Court to collect data regarding the cases that use such evidence. Read the Bill »


01/11/2022: Awaiting a Vote in the Courts of Justice Committee


01/11/2022Prefiled and ordered printed; offered 01/12/22 22102321D
01/11/2022Referred to Committee for Courts of Justice
01/19/2022Impact statement from DPB (HB794)

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