Rally Virginia

HB 1411: Defendant; evidence of mental condition admissible.

🔴 THREAT LEVEL: HIGH

Bill Number: HB 1411
Bill Patron: Del. Charlie Schmidt (D)
Bill Area: Criminal Justice / Criminal Procedure
Who This Bill Affects: Criminal defendants, Prosecutors and courts, Victims of violent crimes

HB 1411 makes it easier for defendants to use mental condition evidence to avoid criminal responsibility. In short, HB 1411 broadens what defendants can claim about their mental state at the time of the crime, making it easier to weaken the prosecution’s case.

Right now, defendants can only use mental health evidence if it clearly shows they didn’t mean to commit the crime. This new law would let defendants bring up their mental condition even if the evidence isn’t clear or definitive. It also changes the legal standard from proving they lacked “intent” to the broader standard of lacking the required “mental state” for the crime.

HB 1411 significantly expands defendants’ ability to argue that they should not be held fully responsible for their actions.

Under current law, mental‑state evidence must directly relate to whether the defendant intended to commit the crime.

This creates a much broader pathway for mental health defenses that could fundamentally alter how criminal cases are prosecuted and defended

The shift from demanding evidence of “no intent” to allowing vague claims about “mental state” is a dangerous weakening of the law.

  • Weakens Criminal Justice System: Allows defendants to avoid accountability for crimes by using vague mental health claims 
  • Unfair to Victims
  • A Recipe for Abuse: This loose standard invites exploitation, letting bad actors hide behind unverifiable mental health claims to dodge justice

RALLY VERDICT: ❌ STRONGLY OPPOSE

We strongly oppose HB 1411. This bill is unmistakably pro‑criminal and anti‑victim.

By lowering the standard for mental‑state evidence, HB 1411 gives defendants new excuses to avoid responsibility.

HB 1411 undermines public safety, weakens the integrity of criminal trials, and prioritizes the rights of offenders over the rights of victims. It is a step backward for justice, and we firmly oppose it.

RALLY RADAR — THREAT LEVEL LEGEND

⚫ CRITICAL THREAT — Immediate and severe harm; must be stopped

🔴 HIGH THREAT — Serious risk to safety, liberty, or governance

🟡 MODERATE THREAT — Concerning but limited scope

🟢 LOW THREAT — Minimal impact or symbolic

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