19.2-264.3:3 - Limitations on use of statements or disclosure by defendant during evaluations

§ 19.2-264.3:3. Limitations on use of statements or disclosure by defendantduring evaluations.

No statement or disclosure by the defendant made during a competencyevaluation performed pursuant to § 19.2-169.1, an evaluation performedpursuant to § 19.2-169.5 to determine sanity at the time of the offense,treatment provided pursuant to § 19.2-169.2 or § 19.2-169.6, a mentalcondition evaluation performed pursuant to § 19.2-264.3:1 or a mentalretardation evaluation performed pursuant to § 19.2-264.3:1.2, and noevidence derived from any such statements or disclosures may be introducedagainst the defendant at the sentencing phase of a capital murder trial forthe purpose of proving the aggravating circumstances specified in §19.2-264.4. Such statements or disclosures shall be admissible in rebuttalonly when relevant to issues in mitigation raised by the defense.

(2003, cc. 1031, 1040.)