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Virginia bills · 2026 Regular Session

Virginia HB 1411

Defendant; evidence of mental condition admissible.

  1. Introduced
  2. In committee
  3. Passed House
  4. Passed Senate
  5. To Governor
  6. Became law

Sponsors

Summary

Official abstract published by the Virginia legislature· SUMMARY AS PASSED HOUSE

Evidence of defendant's mental condition admissible. Provides that evidence of the defendant's mental condition at the time of the alleged offense, including lay testimony, may be admitted and considered if such evidence (i) has any tendency to show the defendant did or did not have a mental state that is an element of the offense or an affirmative defense and (ii) is otherwise admissible pursuant to the general rules of evidence. The bill also provides such evidence offered by the defendant that shows he had a mental condition at the time of or near any act related to the offense, or a defense to or for such offense, is admissible as it has a tendency to show the defendant did not have the required mental state. The current standard requires that such evidence tend to show the defendant did not have the intent required for the offense charged. The bill also provides that notwithstanding any other provision of law or rule of evidence, any statement made by the accused to an expert during an examination to allow such expert to form an opinion on whether or not the accused had a mental condition at the time of or near any act related to the offense, or a defense to or for such offense, is admissible if such statement is offered by the accused.

Text versions

Roll-call votes

State vote data last updated Oct 15, 2026, 8:04 PM.

DateVoteResultYour legislators
Mar 12, 2026
Senate
Insist & Request RpassSet your home in Virginia to see
Mar 12, 2026
House
H VOTE:failSet your home in Virginia to see
Mar 11, 2026
Senate
Passage RpassSet your home in Virginia to see
Mar 10, 2026
Senate
Constitutional reading dispensed (on 2nd reading)passSet your home in Virginia to see
Mar 9, 2026
Senate
Reported from Finance and Appropriations with substitutepassSet your home in Virginia to see
Mar 4, 2026
Senate
Reported from Courts of Justice with amendmentspassSet your home in Virginia to see
Feb 17, 2026
House
H VOTE:passSet your home in Virginia to see
Feb 13, 2026
House
Subcommittee recommends reporting with substitutepassSet your home in Virginia to see
Feb 13, 2026
House
Reported from Appropriations with substitutepassSet your home in Virginia to see
Feb 11, 2026
House
Reported from Courts of Justice with substitutepassSet your home in Virginia to see
Feb 6, 2026
House
Subcommittee recommends reporting with substitutepassSet your home in Virginia to see

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