HB 247 Virginia House of Delegates · 2026 Regular Session

Deferred dispos. in criminal case; persons with autism, intellectual, or developmental disabilities.

Summary
Deferred disposition in a criminal case; persons with autism, intellectual disabilities, or developmental disabilities; expungement. Adds developmental disabilities to the autism and intellectual disability deferred disposition statute. The bill also provides that when a court defers and dismisses a charge pursuant to the autism, intellectual disability, or developmental disability deferred disposition statute, such charge may be considered as otherwise dismissed for purposes of expungement of police and court records. The bill also (i) clarifies that the defendant may request a hearing to determine the appropriateness of a deferred disposition at any time before or after any plea and (ii) provides that no statement made by the defendant at such a hearing is admissible in any criminal proceeding, except that any such statement made under oath may be admissible in a criminal proceeding for perjury or for purposes of impeachment in a criminal matter. This bill is identical to SB 416.
Bill status signed all 5 stages cleared
Introduction
Jan 2026
Committee Review
Feb 2026
House of Delegates Passage
Mar 2026
Senate Passage
Mar 2026
Signed into Law
Apr 2026
Introduced Jan 8, 2026 Signed Apr 13, 2026
Maddy AI version diff · 3 comparisons

What changed between versions

Courts of Justice Substitute Engrossed · 5 edits · Mar 4, 2026
MODERATE
The bill was updated from a Senate substitute to an engrossed version containing House amendments. These changes primarily clarify the types of disabilities covered (autism, intellectual, or developmental) and refine the legal language regarding how facts are admitted and how the bill applies to juvenile courts.
Scope change
The scope of eligibility was broadened by explicitly including 'developmental disabilities' alongside autism and intellectual disabilities, and the application to juvenile courts was clarified.
ELIGIBILITY

The list of qualifying conditions was updated to explicitly include 'developmental disabilities' alongside autism and intellectual disabilities, ensuring broader coverage for individuals with various cognitive and developmental conditions.

REQUIREMENT

The language regarding the defendant's actions during a hearing was changed from 'request a hearing' to 'request a hearing to determine the appropriateness,' and the requirement to 'stipulate to sufficient facts' was changed to 'admit sufficient facts,' clarifying the procedural steps required.

The definition of how intellectual and developmental disabilities are determined was slightly rephrased to clarify that these terms are defined in a specific code section, removing ambiguity about how 'those terms' are interpreted.

ENFORCEMENT

The reference to the 'juvenile and domestic relations district court' was simplified to 'juvenile and domestic relations court,' removing the word 'district' to align with current statutory naming conventions.

TECHNICAL

The bill text was formatted to reflect House amendments, including bracketed text to show where options were added or removed during the legislative process.

Floor votes · Senate Feb 24, 2026 · House of Delegates Feb 13, 2026

How they voted

380
Passed · 1 other
Total votes 39
Feb 24, 2026
D Democratic20
20 Yea
100% Yea
R Republican19
18 Yea 1
94% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
37
Key actions
15
Committee
11
Amendments
2
Apr 13, 2026
Signed into law
Approved by Governor-Chapter 960 (effective 7/1/2026)
executive
Mar 4, 2026
Upper · Passed
Signed by President
upper
Mar 4, 2026
Lower · Passed
Signed by Speaker
lower
Mar 4, 2026
Lower · Passed
Bill text as passed House and Senate (HB247ER)
lower
Feb 25, 2026
Upper · Passed
Passed Senate with substitute (32-Y 8-N 0-A)
upper
Feb 24, 2026
Upper · Passed
Passed by for the day Block Vote (Voice Vote)
upper
Feb 23, 2026
Upper · Passed
Reported from Courts of Justice with substitute (10-Y 4-N)
upper
Feb 23, 2026
Upper · Passed
Senate committee offered
upper
Feb 16, 2026
Committee
Referred to Committee for Courts of Justice
upper
Feb 13, 2026
Lower · Passed
Read third time and passed House (59-Y 36-N 0-A)
lower
Feb 12, 2026
Introduced
Engrossed by House as amended
lower
Feb 12, 2026
Lower · Passed
committee amendments agreed to
lower
Feb 9, 2026
Lower · Passed
Reported from Appropriations (15-Y 7-N)
lower
Feb 6, 2026
Lower · Passed
Subcommittee recommends reporting (6-Y 1-N)
lower
Feb 5, 2026
Committee
Assigned HAPP sub: General Government and Capital Outlay
lower
Feb 4, 2026
Lower · Passed
Reported from Courts of Justice with amendment(s) and referred to Appropriations (15-Y 7-N)
lower
Feb 2, 2026
Lower · Passed
Subcommittee recommends reporting with amendment(s) and referring to Appropriations (8-Y 2-N)
lower
Feb 2, 2026
Lower · Passed
House subcommittee offered
lower
Jan 30, 2026
Committee
Assigned HCJ sub: Criminal
lower
Jan 8, 2026
Committee
Referred to Committee for Courts of Justice
lower
1 primary · 2 co-sponsors

Sponsors