Defendants; evidence of mental condition, specific intent crimes. (SB573)

Introduced By

Sen. Ryan McDougle (R-Mechanicsville)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Evidence of defendant's mental condition; specific intent crimes. Clarifies that a defendant may offer evidence concerning the defendant's mental condition at the time of the alleged offense in certain circumstances for specific intent offenses only. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/12/2022Prefiled and ordered printed; offered 01/12/22 22100197D
01/12/2022Referred to Committee on the Judiciary
01/26/2022Passed by indefinitely in Judiciary (9-Y 6-N) (see vote tally)

Comments

Brian Kelmar writes:

LRIDD opposes this bill. This bill would only allow limited cases where developmental disabilities/autism would be allowed as evidence. All relevant evidence should be allowed in the courts throughout the criminal justice system

This bill goes against ADA. The Americans with Disabilities Act is applied across the board and in a way that ensure fair and equitable treatment. As the Department of Justice has stated in its direction for implementing the ADA: …” Entities must ensure that people with disabilities are treated equally in the criminal justice system and that they have equal opportunity to benefit from safe, inclusive communities. Nondiscrimination requirements, such as the obligation to provide reasonable modifications to policies, practices, and procedures and the obligation to take appropriate steps to communicate effectively with people with disabilities, also support the goals of ensuring public safety, promoting public welfare, and avoiding unnecessary criminal justice involvement for people with disabilities.”

LRIDD (Legal Reform for the Intellectually and Developmentally Disabled), tracking this bill in Photosynthesis, notes:

OPPOSE this legislaton. LRIDD strongly opposes this bill that seeks to narrow the scope of the law passed last year that allows evidence of a person's developmental disability to be introduced at any time during the criminal legal process.

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