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