VirginiaMental illness, neurocognitive disorder, etc.; affirmative defense or reduced penalty.
What it does
Affirmative defense or reduced penalty for mental illness, neurocognitive disorder, or intellectual or developmental disability. Provides an affirmative defense to prosecution of a person for assault or assault and battery against certain specified persons for which the enhanced Class 6 felony and six-month mandatory minimum apply if such person proves, by a preponderance of the evidence, that at the time of the assault or assault and battery (i) the person's behaviors were a result of (a) mental illness or (b) a neurocognitive disorder, including dementia, or an intellectual disability or a developmental disability such as autism spectrum disorder, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association, or (ii) the person met the criteria for issuance of an emergency custody order.The bill requires such person or his counsel to give notice in writing to the attorney for the Commonwealth at least 60 days prior to his trial in circuit court, or at least 14 days if the trial date is set within 21 days of his last court appearance, of his intention to present such evidence. Additionally, if such notice is not given, and the person proffers such evidence at his trial as a defense, then the court may in its discretion either allow the Commonwealth a continuance or, under appropriate circumstances, bar such person from presenting such evidence; any such continuance shall not be counted for speedy trial purposes pursuant to relevant law.Lastly, the bill provides that if such person does not prove that his behaviors were a result of his mental illness, intellectual disability, developmental disability, or neurocognitive disorder but the evidence establishes that his mental illness, intellectual disability, developmental disability, or neurocognitive disorder otherwise contributed to his behaviors, the finder of fact may find such person guilty of a Class 1 misdemeanor.
More detail
The bill also provides that such affirmative defense shall not be construed to allow an affirmative defense for voluntary intoxication. This bill is identical to SB 335.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Apr 13Governor's recommendation received by HouseLatest
- Mar 31Governor's Action Deadline 11:59 p.m., April 13, 2026To Governor
- Mar 31Enrolled Bill communicated to Governor on March 31, 2026Minor
- Mar 31Signed by SpeakerMajor
- Mar 31Fiscal Impact Statement from Department of Planning and Budget (HB246)
- Mar 30Signed by PresidentMajor
- Mar 30Bill text as passed House and Senate (HB246ER)Major
- Mar 30EnrolledMinor
- Mar 11Senate amendments agreed to by House (59-Y 39-N 0-A)Major
- Vote recorded H VOTE:. Result: pass.Lower
- Mar 10Passed Senate with amendments (22-Y 18-N 0-A)Passed Senate
- Vote recorded Passage R. Result: pass.Upper
- Mar 10Engrossed by Senate as amended
- Mar 10Courts of Justice Amendments agreed toMajor
- Mar 10Read third timeMinor
- Mar 9Passed by for the day Block Vote (Voice Vote)
- Vote recorded Constitutional reading dispensed (on 2nd reading). Result: pass.Upper
- Mar 9Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)
- Mar 9Rules suspended
- Mar 6Reported from Finance and Appropriations (11-Y 3-N)Minor
- Vote recorded Reported from Finance and Appropriations. Result: pass.Upper
- Feb 23Reported from Courts of Justice with amendments and rereferred to Finance and Appropriations (9-Y 5-N)Minor
- Vote recorded Reported from Courts of Justice with amendments. Result: pass.Upper
- Feb 18Referred to Committee for Courts of JusticeMinor
- Feb 18Constitutional reading dispensed (on 1st reading)
- Feb 17Read third time and passed House (56-Y 39-N 0-A)Passed House
- Vote recorded H VOTE:. Result: pass.Lower
- Feb 16Read second time and engrossedMinor
- Feb 13Fiscal Impact Statement from Department of Planning and Budget (HB246)
- Feb 13Read first timeMinor
- Feb 11Reported from Appropriations (14-Y 8-N)Minor
- Vote recorded Reported from Appropriations. Result: pass.Lower
- Vote recorded Subcommittee recommends reporting. Result: pass.Lower
- Feb 11Subcommittee recommends reporting (4-Y 3-N)
- Feb 10Fiscal Impact Statement from Department of Planning and Budget (HB246)
- Feb 5Assigned HAPP sub: Transportation & Public SafetyMinor
- Feb 4Reported from Courts of Justice and referred to Appropriations (14-Y 8-N)Minor
- Vote recorded Reported from Courts of Justice. Result: pass.Lower
- Feb 2Subcommittee recommends reporting and referring to Appropriations (7-Y 3-N)
- Vote recorded Subcommittee recommends reporting. Result: pass.Lower
- Jan 30Assigned HCJ sub: CriminalMinor
- Jan 27Fiscal Impact Statement from Department of Planning and Budget (HB246)
- Jan 8Referred to Committee for Courts of JusticeMinor
- Jan 8Prefiled and ordered printed; Offered 01-14-2026 26102477DIntroduced