Evidence of defendant's mental condition; specific intent crimes. (SB573)

Introduced By

Sen. Ryan McDougle (R-Mechanicsville)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


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 »


01/12/2022: Awaiting a Vote in the Judiciary Committee


01/12/2022Prefiled and ordered printed; offered 01/12/22 22100197D
01/12/2022Referred to Committee on the Judiciary


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.”

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