Protect our most vulnerable populations; a letter to Governor Spanberger.

April 24, 2026

Dear Governor Spanberger:

The undersigned organizations write to express our strong support for SB 335 (Boysko) / HB 246

(Watts) and to request that you sign this legislation as passed by the General Assembly.

For many years, advocates have worked with lawmakers to ensure reasonable and necessary recognition of how developmental disabilities (DD), which includes autism, can impact an individual's interactions with law enforcement and the criminal justice system. This advocacy has included efforts to develop and expand Virginia's crisis support system and the overall infrastructure of support for individuals with developmental disabilities and other related conditions.

HB 335 / HB 246—which passed the General Assembly with bipartisan support-is an important part of this shared focus. The legislation creates an affirmative defense for individuals with intellectual or developmental disabilities or mental health disorders who may assault a protected person, such as a law enforcement officer or first responder. While this is a minor policy change, it provides a much-needed layer of protection for a narrow group-our most vulnerable individuals-in situations where their disability or disorder may lead to disruptive behavior or cause them to appear willfully uncooperative when interacting with law enforcement. These incidents often arise because of difficulties these individuals have with impulse control, emotional regulation, and processing complex social situations.

This policy change also directly benefits public safety. Under current law, the punishment for assaulting a protected person carries the possibility of years in prison (along with a mandatory minimum of six months). The risk of such a charge prevents many families from calling first responders when a crisis arises, as the consequences are too severe.

Additionally, for individuals convicted, the impact extends beyond the initial sentencing-such a conviction can jeopardize access to a DD waiver, housing services, employment services, and other critical supports, perpetuating a cycle of crisis in an already strained system. Providing the opportunity for an affirmative defense will help break this cycle, protect vulnerable Virginians, and uphold the intent of our criminal justice system.

Moreover, as law enforcement has acknowledged in conversation with us about this legislation, no mandatory minimum sentence or other threat of felony punishment will deter this behavior in people with ID, DD, mental illness, or neurocognitive disorders.

The legislation also includes a carefully crafted misdemeanor off-ramp, designed to give juries the option to find a person guilty of misdemeanor assault when it is clear their condition or disability contributed to, but did not ultimately cause, the assault. Decades of research show that juries often make compromise decisions. In close cases where causation is not obvious, juries may prefer the misdemeanor option.

We respectfully request that you continue to support Virginians with disabilities by signing SB 335 / HB 246 as passed by the General Assembly.

The Arc of Virginia

Autism Society of Central Virginia

Autism Society of Northern Virginia

Autism Society of Tidewater Virginia

Charlottesville Region Autism Action Group (CRAAG)

Commonwealth Autism

Decriminalize Developmental Disabilities

Justice Forward Virginia

Mental Health Virginia

Virginia Autism Project

Vocal Virginia