Our View of the Legislature: Mental Health Advisory Council

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The Mental Health Advisory Council (MHAC) for the disAbility Law Center of Virginia consists of 12-15 members who advise dLCV on policies, trends in the community, and the general work that dLCV does under our mental health grant. The Council consists of folks who have lived experience with mental health diagnoses, as well as other kinds of mental health expertise, such as mental health professionals, attorneys, and those knowledgeable about mental health. If you’re interested in applying for the Council, please complete an application. You can find more information out about the Council on our website, under Mental Health Advisory Council.

During its last meeting, on January 24, 2026, the MHAC identified a few bills of interest in the current legislative session.  These include:

HB246 (Watts) allows courts to consider mental illness, neurocognitive disorders, and intellectual or developmental disabilities when someone is charged with assault or battery, allowing the possibility of reduced penalty. This is a great step towards decriminalizing people with disabilities and ensuring that individuals have access to services and treatment to prevent recidivism. This bill was approved by the House Courts of Justice, Criminal subcommittee, and will go to the full committee this week.

HB304 (Sullivan, Jr.) requires mortgage lenders to clearly disclose whether a home mortgage can be assumed by another qualified borrower. For certain conventional mortgages, the bill also allows one borrower to assume the mortgage after a divorce or annulment if they meet the lender’s requirements, helping people remain in their homes during major life changes. HB304 supports housing stability and independence, which are critical for people with disabilities and mental health conditions who are at higher risk of housing loss during family disruptions. This bill was approved by the House Labor and Commerce Committee and is on the agenda for final read in the House today.  If approved, it will go to the Senate side, probably after crossover.

HB1216 (Delaney) strengthens employee protection from workplace discrimination and retaliation through extending the timeframe in which to file civil action to two years instead of one as well as clarifying what remedies employees can seek. This is especially important for workers with disabilities or mental health conditions who may face retaliation for requesting accommodation or reporting discrimination. This bill is assigned to House Committee on Labor and Commerce under Subcommittee #2.

HB1314 (Maldonado) creates a state-level right for individuals to sue when their constitutional or legal rights are violated by a government official or someone acting in an official role. The bill allows people to seek compensation, punitive damages, court orders to stop unlawful conduct, and reimbursement for attorney’s fees, and it permits lawsuits against supervisors who were responsible for the actions. HB1314 strengthens civil rights protections by providing a Virginia-based path to hold government officials accountable. This bill has been moved to the 2027 session by the House Committee Courts of Justice.

Our mission is to advance independence, choice, and self-determination; protect legal, human, and civil rights; and eliminate abuse, neglect, and discrimination against people with disabilities. If you want to help shape policy, share your perspective, and support the rights of people with disabilities, consider joining the MHAC. Visit https://www.dlcv.org/advisory-councils to learn more and apply.