Panel reports bill to allow judges to exclude pretrial statements by people with developmental disabilities

Senate Bill 198 would create a new statutory process allowing a judge to exclude statements made to law‑enforcement prior to appointment of counsel when an authorized assessment shows an autism spectrum diagnosis or intellectual/developmental disability likely influenced the decision to speak. The bill requires the defense to petition and the judge to make a preponderance‑of‑the‑evidence determination; the Commonwealth may oppose admissibility.

Counsel read line amendments that revise the standard measurement language and reference a practice‑approved assessment tool and a developmental‑age comparison. Committee members removed a reenactment clause at the sponsor's suggestion after noting the finance committee had added it. Multiple advocates and practitioners (Brian Kellmar of Decriminalize Developmental Disabilities; Kerry Citroenberg, a criminal‑defense practitioner; Theresa Champion of the Virginia Autism Project; and Lucy Benel of The Arc of Northern Virginia) testified in support, saying the statute provides a process to protect defendants whose communication and comprehension differ from typical adults. Counsel and members debated interaction with Miranda warnings, Sixth Amendment counsel issues and whether the statute's carve‑outs for certain violent offenses were deliberate; counsel said the statute applies prior to appointment of counsel and creates a statutory exclusionary mechanism distinct from Miranda challenges.

After testimony and line amendments the subcommittee reported SB198 with amendments and referred it to appropriations; the committee recorded a 7–3 vote.