Evidence of defendant's mental condition admissible. Provides that evidence of the defendant's mental condition at the time of the alleged offense may be admitted and considered even if such evidence is not definitive. The bill also provides that in any criminal case, evidence offered by the defendant concerning the defendant's mental condition at the time of the alleged offense shall be admitted if such evidence tends to show the defendant did not have the mental state required for the offense charged. The current standard requires that such evidence tend to show the defendant did not have the intent required for the offense charged.

Statutes affected:
Introduced: 19.2-271.6
Courts of Justice Substitute: 19.2-271.6
Criminal Subcommittee Substitute: 19.2-271.6