Virginia bills address disability in justice

Two bills introduced in the Virginia General Assembly on January 13, 2026 would expand legal protections for individuals with developmental, intellectual, and cognitive conditions in the criminal justice system. The proposals focus on two areas: alternatives to conviction through deferred disposition and expungement, and defenses or reduced penalties tied to disability and mental health.

SB 416 expands deferred disposition options

SB 416 would broaden Virginia’s deferred disposition framework to include individuals with developmental disabilities. Current law is limited to autism and intellectual disability. Under the proposal, courts could place qualifying individuals on probation without entering a conviction when the offense is linked to a qualifying condition. If the individual successfully completes probation, the charge may be treated as dismissed for purposes of expungement.

The bill also clarifies procedures for deferred disposition hearings. In addition, it limits how statements made during those hearings may be used in future proceedings.

SB 335 updates assault and battery defenses

SB 335 proposes changes to Virginia’s assault and battery statute. The bill would allow an affirmative defense or a reduced penalty when a person’s behavior was caused or significantly influenced by a mental illness, a neurocognitive disorder such as dementia, an intellectual disability, or a developmental disability including autism.

The proposal also addresses situations where a condition played a role but was not the sole cause. If evidence shows the condition contributed to, but did not fully cause, the behavior, the court may return a lesser verdict. SB 335 has been referred to the Senate Courts of Justice Committee.