HB 1411 Virginia House of Delegates · 2026 Regular Session

Defendant; evidence of mental condition admissible.

Summary
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.
Bill status failed 4 of 5 stages cleared
Introduction
Jan 2026
Committee Review
Mar 2026
House of Delegates Passage
Feb 2026
Senate Passage
Mar 2026
Governor
Introduced Jan 22, 2026 Last action Mar 14, 2026
Maddy AI version diff · 5 comparisons

What changed between versions

Criminal Subcommittee Substitute General Government and Capital Outlay Subcommittee Substitute · 2 edits
MINOR
The bill was transferred from the Courts of Justice Committee to the Appropriations Committee, indicating a shift in focus toward funding and budgetary oversight. The most significant substantive change is the addition of a provision requiring the court to pay expert witnesses up to $3,000 for their services, subject to specific guidelines and exceptions. This ensures that defendants have the financial resources necessary to present mental health evidence, which is critical for establishing a defense based on mental condition.
Scope change
The bill's scope regarding funding and expert witness compensation was expanded, while the committee responsible for the bill changed from Courts of Justice to Appropriations.
FISCAL

Added a requirement for the court to pay expert witnesses fees in accordance with existing statutes, with a discretionary waiver limit of $3,000 for cases involving complex or novel issues.

ELIGIBILITY

The bill was reassigned from the House Committee for Courts of Justice to the House Committee on Appropriations, changing the legislative oversight body.

Floor votes · Senate Mar 10, 2026 · House of Delegates Feb 17, 2026

How they voted

360
Passed · 3 other
Total votes 39
Mar 10, 2026
D Democratic20
19 Yea 1
95% Yea
R Republican19
17 Yea 2
89% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
44
Key actions
9
Committee
11
Amendments
1
Mar 12, 2026
Committee
Senate requested conference committee
upper
Mar 11, 2026
Upper · Passed
Passed Senate with substitute (21-Y 19-N 0-A)
upper
Mar 11, 2026
Amended
Courts of Justice Amendments rejected
upper
Mar 10, 2026
Upper · Passed
Passed by for the day (Voice Vote)
upper
Mar 9, 2026
Upper · Passed
Reported from Finance and Appropriations with substitute (10-Y 4-N)
upper
Mar 4, 2026
Upper · Passed
Reported from Courts of Justice with amendments and rereferred to Finance and Appropriations (9-Y 6-N)
upper
Mar 4, 2026
Upper · Passed
Senate committee offered
upper
Feb 18, 2026
Committee
Referred to Committee for Courts of Justice
upper
Feb 17, 2026
Lower · Passed
Read third time and passed House (62-Y 35-N 0-A)
lower
Feb 13, 2026
Lower · Passed
Reported from Appropriations with substitute (15-Y 7-N)
lower
Feb 12, 2026
Committee
Assigned HAPP sub: General Government and Capital Outlay
lower
Feb 11, 2026
Lower · Passed
Reported from Courts of Justice with substitute and referred to Appropriations (15-Y 7-N)
lower
Feb 6, 2026
Lower · Passed
House subcommittee offered
lower
Jan 30, 2026
Committee
Assigned HCJ sub: Criminal
lower
Jan 22, 2026
Committee
Referred to Committee for Courts of Justice
lower
Jan 22, 2026
Introduced
Presented and ordered printed 26103276D
lower
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.