Persons with autism or intellectual disabilities; deferred disposition, offenses against minors. (SB229)
Introduced By
Sen. Mark Obenshain (R-Harrisonburg)
Progress
✓ |
Introduced |
✗ |
Passed Committee |
☐ |
Passed House |
☐ |
Passed Senate |
☐ |
Signed by Governor |
☐ |
Became Law |
Description
Deferred disposition; persons with autism or intellectual disabilities; offenses against minors. Provides that certain felony offenses, including child pornography, obscenity, electronic solicitation of a minor, indecent liberties with children, and displaying child pornography or grooming materials to a child, are ineligible for deferred and dismissed disposition where the defendant has been diagnosed with autism or an intellectual disability. Read the Bill »
Outcome
Bill Has Failed
History
| Date | Action |
|---|---|
| 01/10/2022 | Prefiled and ordered printed; offered 01/12/22 22103000D |
| 01/10/2022 | Referred to Committee on the Judiciary |
| 02/07/2022 | Impact statement from DPB (SB229) |
| 02/14/2022 | Passed by indefinitely in Judiciary (9-Y 6-N) (see vote tally) |
Comments
OPPOSE this legislation. LRIDD condemns Senate Bill 229 and urges the legislature to let the current law stand as is. Senator Obenshain's amendment seems to mistakenly assume that the exclusions in his bill will better protect Virginia's children. While this is a laudable intention, the fact is that most developmentally disabled individuals do not set out to intentionally break the law with the goal of hurting anyone. The original bill currently in effect recognizes that developmentally disabled individuals are prime candidates for rehabilitation because of their tendency to be rule followers---once the rules are explained to them. Research shows that autistic people and those with ID do not offend at a higher rate than the general population. The current iteration or amendment of this bill ignores this important fact and potentially imposes a lifetime of hardship and exclusion for both the autistic individual and his or her family. There is no empirical research to suggest Senator Obenshain's bill will improve public safety. We strongly urge the judiciary committee to consider the inherent developmental differences these individuals have from birth and their lack of criminal intent the vast majority of the time.