                                 CODE OF VIRGINIA

EVIDENCE OF DEFENDANT&#8217;S MENTAL CONDITION ADMISSIBLE; NOTICE TO
COMMONWEALTH (§ 19.2-271.6)

A. For the purposes of this section:
			&#8220;Developmental disability&#8221; means the same as that term is defined
in &#xA7; 37.2-100.
			&#8220;Intellectual disability&#8221; means the same as that term is defined
in &#xA7; 37.2-100.
			&#8220;Mental illness&#8221; means a disorder of thought, mood, perception,
or orientation that significantly impairs judgment or capacity to recognize
reality.

B. In any criminal case, evidence offered by the defendant concerning the
defendant&#8217;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.
			If 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 &#xA7; 19.2-243.
			If 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&#8217;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&#8217;s
opinions and bases and reasons for those opinions, and (b) the witness&#8217;s
qualifications and contact information.

C. 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.

D. 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.

E. 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
&#xA7; 37.2-808.

F. Nothing in this section shall be construed to affect the requirements for a
defense of insanity pursuant to Chapter 11 (&#xA7; 19.2-167 et seq.).

G. Nothing in this section shall be construed as permitting the introduction of
evidence of voluntary intoxication.

HISTORY: 2021, Sp. Sess. I, cc. 523, 540.