SB 416 Virginia Senate · 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 HB 247.
Bill status signed all 5 stages cleared
Introduction
Jan 2026
Committee Review
Feb 2026
Senate Passage
Feb 2026
House of Delegates Passage
Feb 2026
Signed into Law
Apr 2026
Introduced Jan 13, 2026 Signed Apr 13, 2026
Maddy AI version diff · 2 comparisons

What changed between versions

Engrossed Enrolled · 3 edits · Feb 27, 2026
MINOR
The bill text was converted from an 'Engrossed' version to an 'Enrolled' version, which is the final form signed into law. The substantive legal text regarding deferred dispositions for individuals with autism or intellectual disabilities remained identical, with only minor formatting adjustments and the addition of a new subsection D regarding the admissibility of statements made during hearings.
Scope change
No change in the scope or applicability of the law; the content governing the legal process remains the same.
TECHNICAL

The document header was updated from 'Engrossed' to 'Enrolled' and included standard legislative formatting (line numbers, approval stamps) required for a final enacted bill.

Minor text cleanup occurred, such as removing bracketed editorial notes and correcting spacing inconsistencies found in the draft version.

REQUIREMENT

A new subsection D was added to explicitly state that statements made by defendants during hearings under this section cannot be used as evidence in other criminal trials, with specific exceptions for perjury charges or impeachment if the defendant voluntarily produced the evidence.

Floor votes · Senate Feb 10, 2026 · House of Delegates Feb 23, 2026

How they voted

390
Passed
Total votes 39
Feb 10, 2026
D Democratic20
20 Yea
100% Yea
R Republican19
19 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
30
Key actions
13
Committee
5
Amendments
5
Apr 13, 2026
Signed into law
Approved by Governor-Chapter 961 (effective 7/1/2026)
executive
Feb 27, 2026
Upper · Passed
Signed by President
upper
Feb 27, 2026
Lower · Passed
Signed by Speaker
lower
Feb 27, 2026
Upper · Passed
Bill text as passed Senate and House (SB416ER)
upper
Feb 25, 2026
Upper · Passed
House amendment agreed to by Senate (29-Y 11-N 0-A)
upper
Feb 23, 2026
Lower · Passed
Passed House with amendment (63-Y 34-N 0-A)
lower
Feb 23, 2026
Introduced
Engrossed by House as amended
lower
Feb 23, 2026
Lower · Passed
committee amendment agreed to
lower
Feb 18, 2026
Lower · Passed
Reported from Courts of Justice with amendment(s) (15-Y 7-N)
lower
Feb 17, 2026
Committee
Referred to Committee for Courts of Justice
lower
Feb 12, 2026
Upper · Passed
Read third time and passed Senate (36-Y 4-N 0-A)
upper
Feb 11, 2026
Introduced
Engrossed by Senate as amended (Voice Vote)
upper
Feb 11, 2026
Upper · Passed
Courts of Justice Amendments agreed to
upper
Feb 10, 2026
Upper · Passed
Passed by for the day Block Vote (Voice Vote)
upper
Feb 9, 2026
Upper · Passed
Reported from Courts of Justice with amendments (12-Y 3-N)
upper
Feb 9, 2026
Upper · Passed
Senate committee offered
upper
Jan 13, 2026
Committee
Referred to Committee for Courts of Justice
upper
1 primary · 4 co-sponsors

Sponsors