SECTION 19.2-264.3.3. Limitations on use of statements or disclosure by defendant during evaluations  


No statement or disclosure by the defendant made during a competency evaluation performed pursuant to § 19.2-169.1 , an evaluation performed pursuant to § 19.2-169.1 to determine sanity at the time of the offense, treatment provided pursuant to § 19.2-169.1 or 19.2-169.1 , a mental condition evaluation performed pursuant to § 19.2-169.1 or an intellectual disability evaluation performed pursuant to § 19.2-169.1 .2, and no evidence derived from any such statements or disclosures may be introduced against the defendant at the sentencing phase of a capital murder trial for the purpose of proving the aggravating circumstances specified in § 19.2-169.1 . Such statements or disclosures shall be admissible in rebuttal only when relevant to issues in mitigation raised by the defense.

2003, cc. 19.2-169.1 , 19.2-169.1 ; 2017, cc. 19.2-169.1 , 19.2-169.1 .