Virginia bills · 2026 Regular Session
Virginia HB 1411
Defendant; evidence of mental condition admissible.
- Introduced
- In committee
- Passed House
- Passed Senate
- To Governor
- Became law
Sponsors
- Charlie Schmidt
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
- Introduced
- Criminal Subcommittee Substitute
- Courts of Justice Substitute
- General Government and Capital Outlay Subcommittee Substitute
- Appropriations Substitute
- Courts of Justice Amendment
- Finance and Appropriations Substitute
Roll-call votes
State vote data last updated Oct 15, 2026, 8:04 PM.
| Date | Vote | Result | Your legislators |
|---|---|---|---|
| Mar 12, 2026 Senate | Insist & Request R | pass | Set your home in Virginia to see |
| Mar 12, 2026 House | H VOTE: | fail | Set your home in Virginia to see |
| Mar 11, 2026 Senate | Passage R | pass | Set your home in Virginia to see |
| Mar 10, 2026 Senate | Constitutional reading dispensed (on 2nd reading) | pass | Set your home in Virginia to see |
| Mar 9, 2026 Senate | Reported from Finance and Appropriations with substitute | pass | Set your home in Virginia to see |
| Mar 4, 2026 Senate | Reported from Courts of Justice with amendments | pass | Set your home in Virginia to see |
| Feb 17, 2026 House | H VOTE: | pass | Set your home in Virginia to see |
| Feb 13, 2026 House | Subcommittee recommends reporting with substitute | pass | Set your home in Virginia to see |
| Feb 13, 2026 House | Reported from Appropriations with substitute | pass | Set your home in Virginia to see |
| Feb 11, 2026 House | Reported from Courts of Justice with substitute | pass | Set your home in Virginia to see |
| Feb 6, 2026 House | Subcommittee recommends reporting with substitute | pass | Set your home in Virginia to see |
Actions
- Mar 14, 2026 · House
Failed to Pass from conference - Mar 14, 2026 · House
No further action taken - Mar 12, 2026 · Senate
Senate insisted on substitute - Mar 12, 2026 · Senate
Senate Conferees: Perry, Deeds, Stuart - Mar 12, 2026 · Senate
Conferees appointed by Senate - Mar 12, 2026 · House
House Conferees: Schmidt, Watts, Davis - Mar 12, 2026 · House
Conferees appointed by House - Mar 12, 2026 · House
House acceded to request - Mar 12, 2026 · Senate
Senate requested conference committee - Mar 12, 2026 · Senate
Senate insisted on substitute Block Vote (40-Y 0-N 0-A) - Mar 12, 2026 · House
Senate substitute rejected by House (0-Y 97-N 0-A) - Mar 11, 2026 · Senate
Passed Senate with substitute (21-Y 19-N 0-A) - Mar 11, 2026 · Senate
Engrossed by Senate - committee substitute - Mar 11, 2026 · Senate
Finance and Appropriations Substitute agreed to - Mar 11, 2026 · Senate
Courts of Justice Amendments rejected - Mar 11, 2026 · Senate
Read third time - Mar 10, 2026 · Senate
Passed by for the day (Voice Vote) - Mar 10, 2026 · Senate
Constitutional reading dispensed (on 2nd reading) (37-Y 0-N 0-A) - Mar 10, 2026 · Senate
Rules suspended - Mar 10, 2026 · Senate
Committee substitute printed 26109439D-S1 - Mar 9, 2026 · Senate
Reported from Finance and Appropriations with substitute (10-Y 4-N) - Mar 4, 2026 · Senate
Reported from Courts of Justice with amendments and rereferred to Finance and Appropriations (9-Y 6-N) - Mar 4, 2026 · Senate
Senate committee offered - Feb 20, 2026 · House
Fiscal Impact Statement from Department of Planning and Budget (HB1411) - Feb 18, 2026 · Senate
Referred to Committee for Courts of Justice - Feb 18, 2026 · Senate
Constitutional reading dispensed (on 1st reading) - Feb 17, 2026 · House
Read third time and passed House (62-Y 35-N 0-A) - Feb 16, 2026 · House
Engrossed by House - committee substitute - Feb 16, 2026 · House
committee substitute agreed to - Feb 16, 2026 · House
committee substitute rejected - Feb 16, 2026 · House
Read second time - Feb 15, 2026 · House
Read first time - Feb 13, 2026 · House
Committee substitute printed 26107791D-H2 - Feb 13, 2026 · House
Reported from Appropriations with substitute (15-Y 7-N) - Feb 13, 2026 · House
Subcommittee recommends reporting with substitute (5-Y 1-N) - Feb 12, 2026 · House
Assigned HAPP sub: General Government and Capital Outlay - Feb 11, 2026 · House
Reported from Courts of Justice with substitute and referred to Appropriations (15-Y 7-N) - Feb 11, 2026 · House
Committee substitute printed 26106804D-H1 - Feb 6, 2026 · House
Subcommittee recommends reporting with substitute and referring to Appropriations (7-Y 3-N) - Feb 6, 2026 · House
House subcommittee offered - Feb 5, 2026 · House
Fiscal Impact Statement from Department of Planning and Budget (HB1411) - Jan 30, 2026 · House
Assigned HCJ sub: Criminal - Jan 22, 2026 · House
Referred to Committee for Courts of Justice - Jan 22, 2026 · House
Presented and ordered printed 26103276D