Bill Text: VA SB869 | 2025 | Regular Session | Introduced
Bill Title: Autism spectrum disorder or a developmental disability; custodial interrogation of person.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-01-03 - Referred to Committee for Courts of Justice [SB869 Detail]
Download: Virginia-2025-SB869-Introduced.html
2025 SESSION
INTRODUCED
25102658D
SENATE BILL NO. 869
Offered January 8, 2025
Prefiled January 3, 2025
A BILL to amend the Code of Virginia by adding a section numbered 19.2-390.05, relating to custodial interrogation of a person with autism spectrum disorder or a developmental disability; parental notification and contact; inadmissibility of statement.
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Patron—Favola
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 19.2-390.05 as follows:
§ 19.2-390.05. Custodial interrogation of a person with autism spectrum disorder or a developmental disability; parental notification and contact; inadmissibility of statement.
A. Prior to any custodial interrogation of a person (i) that the arresting or interrogating law-enforcement officer knows or has reason to know has autism spectrum disorder as defined in § 30-329.3 or a developmental disability as defined in § 37.2-100, including any person who has an intellectual disability or autism spectrum disorder medical indicator on their driver's license or special identification card, or (ii) who displays behavior that the arresting or interrogating law-enforcement officer, based on his training and experience, knows or reasonably should know is associated with autism spectrum disorder or a developmental disability, the person's guardian, parent, or adult next of kin, if any, shall be notified of his arrest and the person shall have contact with such guardian, parent, or adult next of kin. The notification and contact required by this subsection may be in person, electronically, by telephone, or by video conference.
B. Notwithstanding the provisions of subsection A, a custodial interrogation of a person who meets the criteria set forth in subsection A may be conducted (i) if the person's guardian, parent, or adult next of kin is a codefendant in the alleged offense; (ii) if the person's guardian, parent, or adult next of kin has been arrested for, has been charged with, or is being investigated for a crime against the person; (iii) if, after every reasonable effort has been made to comply with subsection A, the person's guardian, parent, or adult next of kin cannot be located or refuses contact with the person; or (iv) if the law-enforcement officer conducting the custodial interrogation reasonably believes the information sought is necessary to protect life, limb, or property from an imminent danger and the law-enforcement officer's questions are limited to those that are reasonably necessary to obtain such information.
C. Except as provided in subsection B, if a law-enforcement officer knowingly violates the provisions of subsection A, any statements made by such person shall be inadmissible in any delinquency proceeding or criminal proceeding against such person, unless the attorney for the Commonwealth proves by a preponderance of the evidence that the statement was made knowingly, intelligently, and voluntarily.
