Legislative Advocacy Achievements

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These are legislative initiatives we have championed over the years to change laws so they better account for the needs of people with developmental disabilities.

HB134: Requires the Department of Education to establish guidelines for individualized education program (IEP) teams to utilize when developing IEPs for children with disabilities to ensure that IEP teams consider the need for age-appropriate and developmentally appropriate instruction related to sexual health, self-restraint, self-protection, respect for personal privacy, and personal boundaries of others. The bill requires each local school board, in developing IEPs for children with disabilities, in addition to any other requirements established by the Board of Education, to ensure that IEP teams consider such guidelines.

https://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+HB134&201+sum+HB134

HB659: Department of Corrections; workgroup; recommendations to assist people with developmental disabilities. Directs the Department of Corrections to create a workgroup to review current guidelines and develop recommendations that recognize and make accommodations for people with developmental disabilities.

https://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+HB659&201+sum+HB659

SB133: Deferred disposition in criminal cases. Allows a court to defer and dismiss a criminal case where the defendant has been diagnosed with autism or an intellectual disability and the court finds by clear and convincing evidence that the criminal conduct was caused by or had a direct and substantial relationship to the person’s disorder or disability.

https://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+SB133&201+sum+SB133

HB5043 Marcus alert system: Decriminalize Developmental Disabilities strongly advocated for this bill and successfully encouraged the bill to include developmental disabilities in addition to a mental health crisis. The bill provides that, by December 1, 2021, DBHDS shall establish five Marcus alert programs and community care or mobile crisis teams, one located in each of the five DBHDS regions.

https://lis.virginia.gov/cgi-bin/legp604.exe?202+sum+HB5043

SB1315: Criminal proceedings; consideration of mental condition and intellectual and developmental disabilities. Permits the admission of evidence offered by the defendant concerning a defendant’s mental condition at the time of an alleged offense, including expert testimony, is relevant, is not evidence concerning an ultimate issue of fact, if such evidence (i) tends to show the defendant did or did not have the specific mental state required for the offense charged and (ii) is otherwise admissible pursuant to the general rules of evidence. If a defendant intends to introduce such evidence, the bill requires him or his counsel to give notice in writing to the attorney for the Commonwealth. The bill also clarifies that a diagnosis of an intellectual or developmental disability shall be considered by a judicial officer for the purpose of rebuttal of a presumption against bail and that a court may order that a sentencing report prepared by a probation officer contain any diagnoses of an intellectual or developmental disability. Lastly, the bill adds to the requirements to be met for qualification as a court-appointed attorney two hours of continuing legal education, which shall cover the representation of individuals with behavioral or mental health disorders and individuals with intellectual or developmental disabilities.

https://lis.virginia.gov/cgi-bin/legp604.exe?211+sum+SB1315S

https://lis.virginia.gov/cgi-bin/legp604.exe?211+sum+HB2047S

 HB1246 Law-enforcement training; individuals with autism spectrum disorder. Requires the Department of Criminal Justice Services to establish compulsory minimum and in-service training standards for law-enforcement officers on communicating with individuals with an intellectual disability or a developmental disability, such as autism spectrum disorder, which shall include (i) an overview and behavioral recognition of autism spectrum disorder, (ii) best practices for crisis prevention and de-escalation techniques, (iii) an objective review of any relevant tools and technology available to assist in communication, and (iv) education on law-enforcement agency and community resources for the autism community on future crisis prevention. The bill requires that such training standards be established in consultation with at least one individual with autism spectrum disorder, one family member of an individual with autism spectrum disorder, one specialist who works with individuals with autism spectrum disorder, one representative from the Department of Behavioral Health and Developmental Services, and one representative from a state or local law-enforcement agency

https://legacylis.virginia.gov/cgi-bin/legp604.exe?ses=241&typ=bil&val=HB1246

HB2501 Blue envelope law Department of Motor Vehicles; driver communication improvement program. Requires the Department of Motor Vehicles to develop and implement a program for the promotion, printing, and distribution of envelopes for use by drivers diagnosed with autism spectrum disorder, as that term is defined in relevant law, to provide to a law-enforcement officer for the purpose of easing communication during a traffic stop or upon such law-enforcement officer’s arrival at the scene of a traffic accident.

https://lis.virginia.gov/bill-details/20251/HB2501

SB416/HB 247: Deferred disposition in a criminal case; persons with autism, intellectual disabilities, or developmental disabilities; expungement. Adds developmental disabilities to the autism and intellectual disability deferred disposition statute. The bill also provides that when a court defers and dismisses a charge pursuant to the autism, intellectual disability, or developmental disability deferred disposition statute, such charge may be considered as otherwise dismissed for purposes of expungement of police and court records. The bill also (i) clarifies that the defendant may request a hearing to determine the appropriateness of a deferred disposition at any time before or after any plea and (ii) provides that no statement made by the defendant at such a hearing is admissible in any criminal proceeding, except that any such statement made under oath may be admissible in a criminal proceeding for perjury or for purposes of impeachment in a criminal matter. This bill is identical to HB 247.

https://lis.virginia.gov/bill-details/20261/SB416/text/SB416