VirginiaHB2462026 Regular SessionHouse

Mental illness, neurocognitive disorder, etc.; affirmative defense or reduced penalty.

Sponsored By: Vivian E. Watts (Democratic)

Passed

Summary

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. 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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Bill Overview

No Economic Impacts Identified for this Bill

Sponsors & Cosponsors

Sponsor

  • Vivian E. Watts

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 236 • No: 126

House vote 3/11/2026

Senate amendments agreed to by House

Yes: 59 • No: 39

Senate vote 3/10/2026

Passed Senate with amendments

Yes: 22 • No: 18

Senate vote 3/10/2026

Courts of Justice Amendments agreed to

Yes: 0 • No: 0

Senate vote 3/9/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote 3/9/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 3/6/2026

Reported from Finance and Appropriations

Yes: 11 • No: 3

Senate vote 2/23/2026

Reported from Courts of Justice with amendments and rereferred to Finance and Appropriations

Yes: 9 • No: 5

House vote 2/17/2026

Read third time and passed House

Yes: 56 • No: 39

House vote 2/11/2026

Reported from Appropriations

Yes: 14 • No: 8

House vote 2/11/2026

Subcommittee recommends reporting

Yes: 4 • No: 3

House vote 2/4/2026

Reported from Courts of Justice and referred to Appropriations

Yes: 14 • No: 8

House vote 2/2/2026

Subcommittee recommends reporting and referring to Appropriations

Yes: 7 • No: 3

Actions Timeline

  1. Passed by for the day

    4/23/2026House
  2. Passed by for the day

    4/22/2026House
  3. Governor's Action Deadline 11:59 p.m., May 23, 2026

    4/22/2026Governor
  4. Communicated to Governor

    4/22/2026House
  5. Governor's recommendation received by House

    4/13/2026Governor
  6. Fiscal Impact Statement from Department of Planning and Budget (HB246)

    3/31/2026House
  7. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/31/2026Governor
  8. Enrolled Bill communicated to Governor on March 31, 2026

    3/31/2026House
  9. Signed by Speaker

    3/31/2026House
  10. Bill text as passed House and Senate (HB246ER)

    3/30/2026House
  11. Enrolled

    3/30/2026House
  12. Signed by President

    3/30/2026Senate
  13. Senate amendments agreed to by House (59-Y 39-N 0-A)

    3/11/2026House
  14. Passed Senate with amendments (22-Y 18-N 0-A)

    3/10/2026Senate
  15. Courts of Justice Amendments agreed to

    3/10/2026Senate
  16. Engrossed by Senate as amended

    3/10/2026Senate
  17. Read third time

    3/10/2026Senate
  18. Passed by for the day Block Vote (Voice Vote)

    3/9/2026Senate
  19. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

    3/9/2026Senate
  20. Rules suspended

    3/9/2026Senate
  21. Reported from Finance and Appropriations (11-Y 3-N)

    3/6/2026Senate
  22. Reported from Courts of Justice with amendments and rereferred to Finance and Appropriations (9-Y 5-N)

    2/23/2026Senate
  23. Referred to Committee for Courts of Justice

    2/18/2026Senate
  24. Constitutional reading dispensed (on 1st reading)

    2/18/2026Senate
  25. Read third time and passed House (56-Y 39-N 0-A)

    2/17/2026House

Bill Text

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