Virginia HB1535 addresses the admissibility of statements made by individuals with developmental or intellectual disabilities in criminal cases.
Virginia HB1535 establishes rules for the admissibility of statements made by individuals with developmental or intellectual disabilities in criminal cases. If a defendant scores at or below the average score of a 14-year-old on an approved assessment tool, their decision to speak with law enforcement is presumed to be directly and substantially connected to their disability. Such statements are inadmissible if the court finds this connection by a preponderance of the evidence. Defense motions or objections to suppress these statements must be raised in writing before trial.
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- Critical Issues
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