{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-271.6.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-271.6.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-271.6.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-271.6.html"}],"law_id":58525,"edition_id":1,"section_id":58525,"structure_id":12962,"section_number":"19.2-271.6","catch_line":"Evidence of defendant’s mental condition admissible; notice to Commonwealth","history":"2021, Sp. Sess. I, cc. 523, 540.","full_text":"A\n\nFor the purposes of this section:\n\t\t\t“Developmental disability” means the same as that term is defined in § 37.2-100.\n\t\t\t“Intellectual disability” means the same as that term is defined in § 37.2-100.\n\t\t\t“Mental illness” means a disorder of thought, mood, perception, or orientation that significantly impairs judgment or capacity to recognize reality.B\n\nIn any criminal case, evidence offered by the defendant concerning the defendant’s mental condition at the time of the alleged offense, including expert testimony, is relevant, is not evidence concerning an ultimate issue of fact, and shall be admitted if such evidence (i) tends to show the defendant did not have the intent required for the offense charged and (ii) is otherwise admissible pursuant to the general rules of evidence. For purposes of this section, to establish the underlying mental condition the defendant must show that his condition existed at the time of the offense and that the condition satisfies the diagnostic criteria for (i) a mental illness, (ii) a developmental disability or intellectual disability, or (iii) autism spectrum disorder as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association.\n\t\t\tIf a defendant intends to introduce evidence pursuant to this section, he, or his counsel, shall give notice in writing to the attorney for the Commonwealth, at least 60 days prior to his trial in circuit court, or at least 21 days prior to trial in general district court or juvenile and domestic relations district court, or at least 14 days if the trial date is set within 21 days of last court appearance, of his intention to present such evidence. In the event that such notice is not given, and the person proffers such evidence at his trial as a defense, then the court may in its discretion either allow the Commonwealth a continuance or, under appropriate circumstances, bar the defendant from presenting such evidence. The period of any such continuance shall not be counted for speedy trial purposes under § 19.2-243.\n\t\t\tIf a defendant intends to introduce expert testimony pursuant to this section, the defendant shall provide the Commonwealth with (a) any written report of the expert witness setting forth the witness’s opinions and the bases and reasons for those opinions, or, if there is no such report, a written summary of the expected expert testimony setting forth the witness’s opinions and bases and reasons for those opinions, and (b) the witness’s qualifications and contact information.C\n\nThe defendant, when introducing evidence pursuant to this section, shall permit the Commonwealth to inspect, copy, or photograph any written reports of any physical or mental examination of the accused made in connection with the case, provided that no statement made by the accused in the course of such an examination disclosed pursuant to this subsection shall be used by the Commonwealth in its case in chief, whether the examination was conducted with or without the consent of the accused.D\n\nNothing in this section shall prevent the Commonwealth from introducing relevant, admissible evidence, including expert testimony, in rebuttal to evidence introduced by the defendant pursuant to this section.E\n\nNothing in this section shall be construed as limiting the authority of the court from entering an emergency custody order pursuant to subsection A of § 37.2-808.F\n\nNothing in this section shall be construed to affect the requirements for a defense of insanity pursuant to Chapter 11 (§ 19.2-167 et seq.).G\n\nNothing in this section shall be construed as permitting the introduction of evidence of voluntary intoxication.","order_by":null,"text":{"0":{"id":214497,"text":"For the purposes of this section:\n\t\t\t“Developmental disability” means the same as that term is defined in § 37.2-100.\n\t\t\t“Intellectual disability” means the same as that term is defined in § 37.2-100.\n\t\t\t“Mental illness” means a disorder of thought, mood, perception, or orientation that significantly impairs judgment or capacity to recognize reality.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":214498,"text":"In any criminal case, evidence offered by the defendant concerning the defendant’s mental condition at the time of the alleged offense, including expert testimony, is relevant, is not evidence concerning an ultimate issue of fact, and shall be admitted if such evidence (i) tends to show the defendant did not have the intent required for the offense charged and (ii) is otherwise admissible pursuant to the general rules of evidence. For purposes of this section, to establish the underlying mental condition the defendant must show that his condition existed at the time of the offense and that the condition satisfies the diagnostic criteria for (i) a mental illness, (ii) a developmental disability or intellectual disability, or (iii) autism spectrum disorder as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association.\n\t\t\tIf a defendant intends to introduce evidence pursuant to this section, he, or his counsel, shall give notice in writing to the attorney for the Commonwealth, at least 60 days prior to his trial in circuit court, or at least 21 days prior to trial in general district court or juvenile and domestic relations district court, or at least 14 days if the trial date is set within 21 days of last court appearance, of his intention to present such evidence. In the event that such notice is not given, and the person proffers such evidence at his trial as a defense, then the court may in its discretion either allow the Commonwealth a continuance or, under appropriate circumstances, bar the defendant from presenting such evidence. The period of any such continuance shall not be counted for speedy trial purposes under § 19.2-243.\n\t\t\tIf a defendant intends to introduce expert testimony pursuant to this section, the defendant shall provide the Commonwealth with (a) any written report of the expert witness setting forth the witness’s opinions and the bases and reasons for those opinions, or, if there is no such report, a written summary of the expected expert testimony setting forth the witness’s opinions and bases and reasons for those opinions, and (b) the witness’s qualifications and contact information.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":214499,"text":"The defendant, when introducing evidence pursuant to this section, shall permit the Commonwealth to inspect, copy, or photograph any written reports of any physical or mental examination of the accused made in connection with the case, provided that no statement made by the accused in the course of such an examination disclosed pursuant to this subsection shall be used by the Commonwealth in its case in chief, whether the examination was conducted with or without the consent of the accused.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":214500,"text":"Nothing in this section shall prevent the Commonwealth from introducing relevant, admissible evidence, including expert testimony, in rebuttal to evidence introduced by the defendant pursuant to this section.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":214501,"text":"Nothing in this section shall be construed as limiting the authority of the court from entering an emergency custody order pursuant to subsection A of § 37.2-808.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":214502,"text":"Nothing in this section shall be construed to affect the requirements for a defense of insanity pursuant to Chapter 11 (§ 19.2-167 et seq.).","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":214503,"text":"Nothing in this section shall be construed as permitting the introduction of evidence of voluntary intoxication.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":12962,"edition_id":1,"name":"In General","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12961,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":169213,"object_type":"structure","relational_id":12962,"identifier":"1","token":"19.2\/16\/1","url":"\/19.2\/16\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12961,"edition_id":1,"name":"Evidence and Witnesses","identifier":"16","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":169211,"object_type":"structure","relational_id":12961,"identifier":"16","token":"19.2\/16","url":"\/19.2\/16\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":70616,"structure_id":12962,"section_number":"19.2-267","catch_line":"Provisions applicable to witnesses in criminal as well as civil cases; 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certificate as to accuracy of equipment","url":"\/19.2-270.7\/","token":"19.2\/16\/1\/19.2-270.7","metadata":false},{"id":82522,"structure_id":12962,"section_number":"19.2-271","catch_line":"Certain judicial officers incompetent to testify under certain circumstances; exceptions (Supreme Court Rule 2:605 derived from this section)","url":"\/19.2-271\/","token":"19.2\/16\/1\/19.2-271","metadata":false},{"id":74995,"structure_id":12962,"section_number":"19.2-271.1","catch_line":"Competency of spouses to testify","url":"\/19.2-271.1\/","token":"19.2\/16\/1\/19.2-271.1","metadata":false},{"id":66486,"structure_id":12962,"section_number":"19.2-271.2","catch_line":"Testimony of spouses in criminal cases (Subsection (b) of Supreme Court Rule 2:504 derived from this section)","url":"\/19.2-271.2\/","token":"19.2\/16\/1\/19.2-271.2","metadata":false},{"id":54753,"structure_id":12962,"section_number":"19.2-271.3","catch_line":"Communications between ministers of religion and persons they counsel or advise (Supreme Court Rule 2:503 derived in part from this section)","url":"\/19.2-271.3\/","token":"19.2\/16\/1\/19.2-271.3","metadata":false},{"id":74779,"structure_id":12962,"section_number":"19.2-271.4","catch_line":"Privileged communications by certain public safety personnel","url":"\/19.2-271.4\/","token":"19.2\/16\/1\/19.2-271.4","metadata":false},{"id":55255,"structure_id":12962,"section_number":"19.2-271.5","catch_line":"Protected information; newspersons engaged in journalism","url":"\/19.2-271.5\/","token":"19.2\/16\/1\/19.2-271.5","metadata":false},{"id":58525,"structure_id":12962,"section_number":"19.2-271.6","catch_line":"Evidence of defendant's mental condition admissible; notice to Commonwealth","url":"\/19.2-271.6\/","token":"19.2\/16\/1\/19.2-271.6","metadata":false},{"id":63925,"structure_id":12962,"section_number":"19.2-271.7","catch_line":"Notifying defendant of consequences criminal proceedings can have on immigration","url":"\/19.2-271.7\/","token":"19.2\/16\/1\/19.2-271.7","metadata":false}],"previous_section":{"id":55255,"structure_id":12962,"section_number":"19.2-271.5","catch_line":"Protected information; newspersons engaged in journalism","url":"\/19.2-271.5\/","token":"19.2\/16\/1\/19.2-271.5","metadata":false},"next_section":{"id":63925,"structure_id":12962,"section_number":"19.2-271.7","catch_line":"Notifying defendant of consequences criminal proceedings can have on immigration","url":"\/19.2-271.7\/","token":"19.2\/16\/1\/19.2-271.7","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-271.6\/","history_text":false,"references":[{"id":66947,"section_number":"16.1-290.2","catch_line":"Certain information to be made available to certain defendants found not guilty","order_by":null,"url":"\/16.1-290.2\/"},{"id":70053,"section_number":"16.1-69.29:1","catch_line":"Certain information to be made available to certain defendants found not guilty","order_by":null,"url":"\/16.1-69.29_1\/"},{"id":80472,"section_number":"17.1-525","catch_line":"Certain information to be made available to certain defendants found not guilty","order_by":null,"url":"\/17.1-525\/"},{"id":61742,"section_number":"37.2-808","catch_line":"(Effective July 1, 2026) Emergency custody; issuance and execution of order","order_by":null,"url":"\/37.2-808\/"}],"refers_to":[{"id":63190,"section_number":"19.2-167","catch_line":"Accused not to be tried while insane or feebleminded","order_by":null,"url":"\/19.2-167\/"},{"id":57795,"section_number":"19.2-243","catch_line":"Limitation on prosecution of felony due to lapse of time after finding of probable cause; misdemeanors; exceptions","order_by":null,"url":"\/19.2-243\/"},{"id":76036,"section_number":"37.2-100","catch_line":"Definitions","order_by":null,"url":"\/37.2-100\/"}],"permalink":{"id":169319,"object_type":"law","relational_id":58525,"identifier":"19.2-271.6","token":"19.2\/16\/1\/19.2-271.6","url":"\/19.2-271.6\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-271.6\/","token":"19.2\/16\/1\/19.2-271.6","dublin_core":{"Title":"Evidence of defendant’s mental condition admissible; notice to Commonwealth","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-271.6","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For the purposes of this section:\n\t\t\t“Developmental disability<\/span>” means the same as that term is defined in § 37.2-100<\/a>.\n\t\t\t“Intellectual disability<\/span>” means the same as that term is defined in § 37.2-100<\/a>.\n\t\t\t“Mental illness<\/span>” means a disorder of thought, mood, perception, or orientation that significantly impairs judgment<\/span> or capacity to recognize reality. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In any criminal case, evidence<\/span> offered by the defendant<\/span> concerning the defendant<\/span>’s mental condition at the time of the alleged offense<\/span>, including expert testimony<\/span>, is relevant, is not evidence<\/span> concerning an ultimate issue<\/span> of fact<\/span>, and shall be admitted if such evidence<\/span> (i) tends to show the defendant<\/span> did not have the intent<\/span> required for the offense<\/span> charged and (ii) is otherwise admissible<\/span> pursuant to the general rules of evidence<\/span>. For purposes of this section, to establish the underlying mental condition the defendant<\/span> must show that his condition existed at the time of the offense<\/span> and that the condition satisfies the diagnostic criteria for (i) a mental illness<\/span>, (ii) a developmental disability<\/span> or intellectual disability<\/span>, or (iii) autism spectrum disorder as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association.\n\t\t\tIf a defendant<\/span> intends to introduce evidence<\/span> pursuant to this section, he, or his counsel<\/span>, shall give notice in writing to the attorney for the Commonwealth, at least 60 days prior to his trial in circuit<\/span> court<\/span>, or at least 21 days prior to trial in general district court<\/span> or juvenile and domestic relations district court<\/span>, or at least 14 days if the trial date is set within 21 days of last court<\/span> appearance<\/span>, of his intention to present such evidence<\/span>. In the event that such notice is not given, and the person proffers such evidence<\/span> at his trial as a defense, then the court<\/span> may in its discretion either allow the Commonwealth a continuance<\/span> or, under appropriate circumstances, bar the defendant<\/span> from presenting such evidence<\/span>. The period of any such continuance<\/span> shall not be counted for speedy trial<\/span> purposes under § 19.2-243<\/a>.\n\t\t\tIf a defendant<\/span> intends to introduce expert testimony<\/span> pursuant to this section, the defendant<\/span> shall provide the Commonwealth with (a) any written report of the expert witness<\/span> setting forth the witness’s opinions<\/span> and the bases and reasons for those opinions<\/span>, or, if there is no such report, a written summary of the expected expert testimony<\/span> setting forth the witness’s opinions<\/span> and bases and reasons for those opinions<\/span>, and (b) the witness’s qualifications and contact information. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The defendant<\/span>, when introducing evidence<\/span> pursuant to this section, shall permit the Commonwealth to inspect, copy, or photograph any written reports of any physical or mental examination of the accused<\/span> made in connection with the case, provided that no statement made by the accused<\/span> in the course of such an examination disclosed pursuant to this subsection shall be used by the Commonwealth in its case in chief, whether the examination was conducted with or without the consent of the accused<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Nothing in this section shall prevent the Commonwealth from introducing relevant, admissible<\/span> evidence<\/span>, including expert testimony<\/span>, in rebuttal<\/span> to evidence<\/span> introduced by the defendant<\/span> pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Nothing in this section shall be construed as limiting the authority of the court<\/span> from entering an emergency custody<\/span> order<\/span> pursuant to subsection A of § 37.2-808<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Nothing in this section shall be construed to affect the requirements for a defense of insanity<\/span> pursuant to Chapter 11 (§ 19.2-167<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Nothing in this section shall be construed as permitting the introduction of evidence<\/span> of voluntary intoxication. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEVIDENCE OF DEFENDANT’S MENTAL CONDITION ADMISSIBLE; NOTICE TO\nCOMMONWEALTH (\u00a7 19.2-271.6)\n\nA. For the purposes of this section:\n\t\t\t“Developmental disability” means the same as that term is defined\nin § 37.2-100.\n\t\t\t“Intellectual disability” means the same as that term is defined\nin § 37.2-100.\n\t\t\t“Mental illness” means a disorder of thought, mood, perception,\nor orientation that significantly impairs judgment or capacity to recognize\nreality.\n\nB. In any criminal case, evidence offered by the defendant concerning the\ndefendant’s mental condition at the time of the alleged offense, including\nexpert testimony, is relevant, is not evidence concerning an ultimate issue of\nfact, and shall be admitted if such evidence (i) tends to show the defendant did\nnot have the intent required for the offense charged and (ii) is otherwise\nadmissible pursuant to the general rules of evidence. For purposes of this\nsection, to establish the underlying mental condition the defendant must show\nthat his condition existed at the time of the offense and that the condition\nsatisfies the diagnostic criteria for (i) a mental illness, (ii) a developmental\ndisability or intellectual disability, or (iii) autism spectrum disorder as\ndefined in the most recent edition of the Diagnostic and Statistical Manual of\nMental Disorders of the American Psychiatric Association.\n\t\t\tIf a defendant intends to introduce evidence pursuant to this section, he, or\nhis counsel, shall give notice in writing to the attorney for the Commonwealth,\nat least 60 days prior to his trial in circuit court, or at least 21 days prior\nto trial in general district court or juvenile and domestic relations district\ncourt, or at least 14 days if the trial date is set within 21 days of last court\nappearance, of his intention to present such evidence. In the event that such\nnotice is not given, and the person proffers such evidence at his trial as a\ndefense, then the court may in its discretion either allow the Commonwealth a\ncontinuance or, under appropriate circumstances, bar the defendant from\npresenting such evidence. The period of any such continuance shall not be\ncounted for speedy trial purposes under § 19.2-243.\n\t\t\tIf a defendant intends to introduce expert testimony pursuant to this\nsection, the defendant shall provide the Commonwealth with (a) any written\nreport of the expert witness setting forth the witness’s opinions and the\nbases and reasons for those opinions, or, if there is no such report, a written\nsummary of the expected expert testimony setting forth the witness’s\nopinions and bases and reasons for those opinions, and (b) the witness’s\nqualifications and contact information.\n\nC. The defendant, when introducing evidence pursuant to this section, shall\npermit the Commonwealth to inspect, copy, or photograph any written reports of\nany physical or mental examination of the accused made in connection with the\ncase, provided that no statement made by the accused in the course of such an\nexamination disclosed pursuant to this subsection shall be used by the\nCommonwealth in its case in chief, whether the examination was conducted with or\nwithout the consent of the accused.\n\nD. Nothing in this section shall prevent the Commonwealth from introducing\nrelevant, admissible evidence, including expert testimony, in rebuttal to\nevidence introduced by the defendant pursuant to this section.\n\nE. Nothing in this section shall be construed as limiting the authority of the\ncourt from entering an emergency custody order pursuant to subsection A of\n§ 37.2-808.\n\nF. Nothing in this section shall be construed to affect the requirements for a\ndefense of insanity pursuant to Chapter 11 (§ 19.2-167 et seq.).\n\nG. Nothing in this section shall be construed as permitting the introduction of\nevidence of voluntary intoxication.\n\nHISTORY: 2021, Sp. Sess. I, cc. 523, 540.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}