Persons with autism or intellectual disabilities; deferred disposition in a criminal case. (SB879)

Introduced By

Sen. Ryan McDougle (R-Mechanicsville)

Progress

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

Description

Deferred disposition in a criminal case for persons with autism or intellectual disabilities; child pornography offenses. Adds child pornography offenses to the list of offenses that are ineligible for a court to apply the deferred disposition provisions where the defendant has been diagnosed with autism or an intellectual disability. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/03/2023Prefiled and ordered printed; offered 01/11/23 23101103D
01/03/2023Referred to Committee on the Judiciary
01/27/2023Impact statement from DPB (SB879)
02/01/2023Passed by indefinitely in Judiciary (9-Y 6-N) (see vote tally)

Comments

J B Crenshaw writes:

Please oppose SB879, which is a step backward in our treatment of disabled persons.

This bill would prevent a court from applying deferred disposition when an autistic person views illegal images. Tragically, the autistic person then becomes a convicted sex offender, effectively ruining his life and shattering his family.

Instead, allow the court to consider each case on an individual basis.

Autistic young men suffer from social and emotional deficits, but may be intellectually intact. They often turn to their computers to explore sexuality. Lacking common sense and social/legal knowledge, they may view illegal images, but with no criminal intent. Once the rules are explained, autistic young men generally never visit such sites again.

Please do not enact one-size-fits-all, blanket-type laws affecting our disabled community.
Allow the court to decide on a case-by-case basis.