# Virginia HB246: Mental illness, neurocognitive disorder, etc.; affirmative defense or reduced penalty. Virginia HB246, Mental illness, neurocognitive disorder, etc.; affirmative defense or reduced penalty., is a 2026 Regular Session House bill sponsored by Vivian E. Watts (Democratic); status vetoed, last action 2026-05-20 (Vetoed by Governor) (as of 2026-10-11). - Canonical: https://policyrisk.com/state-bill/VA-HB246-2026 - As of: 2026-10-11 - Plain-text twin of the page above; the HTML and this file carry the same facts. ## Facts - Bill: Virginia HB246 - State: Virginia - Session: 2026 Regular Session - Title: Mental illness, neurocognitive disorder, etc.; affirmative defense or reduced penalty. - Status: vetoed - Chamber: House - Introduced: 2026-01-08 - Last action: 2026-05-20, Vetoed by Governor - Sponsor: Vivian E. Watts (Democratic) - Cosponsors: 0 - Touches household money: no - Roll calls: 12 (236 yes, 126 no in all) - Economic provisions PRIA read: 0 ## 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. ## Bill overview No economic impacts identified for this bill. ## Sponsors and cosponsors - Sponsor: Vivian E. Watts (Democratic), House ## Roll call votes | Date | Chamber | Motion | Result | Yes | No | Other | | --- | --- | --- | --- | --- | --- | --- | | 2026-03-11 | House | Senate amendments agreed to by House | pass | 59 | 39 | | | 2026-03-10 | Senate | Courts of Justice Amendments agreed to | pass | 0 | 0 | | | 2026-03-10 | Senate | Passed Senate with amendments | pass | 22 | 18 | | | 2026-03-09 | Senate | Passed by for the day Block Vote (Voice Vote) | pass | 0 | 0 | | | 2026-03-09 | Senate | Constitutional reading dispensed Block Vote (on 2nd reading) | pass | 40 | 0 | | | 2026-03-06 | Senate | Reported from Finance and Appropriations | pass | 11 | 3 | | | 2026-02-23 | Senate | Reported from Courts of Justice with amendments and rereferred to Finance and Appropriations | pass | 9 | 5 | | | 2026-02-17 | House | Read third time and passed House | pass | 56 | 39 | | | 2026-02-11 | House | Reported from Appropriations | pass | 14 | 8 | | | 2026-02-11 | House | Subcommittee recommends reporting | pass | 4 | 3 | | | 2026-02-04 | House | Reported from Courts of Justice and referred to Appropriations | pass | 14 | 8 | | | 2026-02-02 | House | Subcommittee recommends reporting and referring to Appropriations | pass | 7 | 3 | | ## Actions (39) - 2026-05-20: Vetoed by Governor (Governor) - 2026-04-23: Passed by for the day (House) - 2026-04-23: Governor's Action Deadline 11:59 p.m., May 23, 2026 (Governor) - 2026-04-23: Communicated to Governor (House) - 2026-04-22: Passed by for the day (House) - 2026-04-13: Governor's recommendation received by House (Governor) - 2026-03-31: Fiscal Impact Statement from Department of Planning and Budget (HB246) (House) - 2026-03-31: Governor's Action Deadline 11:59 p.m., April 13, 2026 (Governor) - 2026-03-31: Enrolled Bill communicated to Governor on March 31, 2026 (House) - 2026-03-31: Signed by Speaker (House) - 2026-03-30: Bill text as passed House and Senate (HB246ER) (House) - 2026-03-30: Enrolled (House) - 2026-03-30: Signed by President (Senate) - 2026-03-11: Senate amendments agreed to by House (59-Y 39-N 0-A) (House) - 2026-03-10: Passed Senate with amendments (22-Y 18-N 0-A) (Senate) - 2026-03-10: Courts of Justice Amendments agreed to (Senate) - 2026-03-10: Engrossed by Senate as amended (Senate) - 2026-03-10: Read third time (Senate) - 2026-03-09: Passed by for the day Block Vote (Voice Vote) (Senate) - 2026-03-09: Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A) (Senate) - 2026-03-09: Rules suspended (Senate) - 2026-03-06: Reported from Finance and Appropriations (11-Y 3-N) (Senate) - 2026-02-23: Reported from Courts of Justice with amendments and rereferred to Finance and Appropriations (9-Y 5-N) (Senate) - 2026-02-18: Referred to Committee for Courts of Justice (Senate) - 2026-02-18: Constitutional reading dispensed (on 1st reading) (Senate) - 2026-02-17: Read third time and passed House (56-Y 39-N 0-A) (House) - 2026-02-16: Read second time and engrossed (House) - 2026-02-13: Fiscal Impact Statement from Department of Planning and Budget (HB246) (House) - 2026-02-13: Read first time (House) - 2026-02-11: Subcommittee recommends reporting (4-Y 3-N) (House) - 2026-02-11: Reported from Appropriations (14-Y 8-N) (House) - 2026-02-10: Fiscal Impact Statement from Department of Planning and Budget (HB246) (House) - 2026-02-05: Assigned HAPP sub: Transportation & Public Safety (House) - 2026-02-04: Reported from Courts of Justice and referred to Appropriations (14-Y 8-N) (House) - 2026-02-02: Subcommittee recommends reporting and referring to Appropriations (7-Y 3-N) (House) - 2026-01-30: Assigned HCJ sub: Criminal (House) - 2026-01-27: Fiscal Impact Statement from Department of Planning and Budget (HB246) (House) - 2026-01-08: Referred to Committee for Courts of Justice (House) - 2026-01-08: Prefiled and ordered printed; Offered 01-14-2026 26102477D (House) ## Bill text - Veto Explanation, 2026-05-20: [HTML](https://lis.blob.core.windows.net/files/1225789.HTML) - Gov Recommendation, 2026-04-13: [HTML](https://lis.blob.core.windows.net/files/1219347.HTML) - Enrolled, 2026-03-30: [HTML](https://lis.blob.core.windows.net/files/1212123.HTML), [PDF](https://lis.blob.core.windows.net/files/1212122.PDF) - Amendment, 2026-03-10: [HTML](https://lis.blob.core.windows.net/files/1204074.HTML) - Amendment, 2026-02-24: [HTML](https://lis.blob.core.windows.net/files/1177951.HTML) - Introduced, 2026-01-08: [HTML](https://lis.blob.core.windows.net/files/1083249.HTML), [PDF](https://lis.blob.core.windows.net/files/1083248.PDF) ## Related bills - HB5: Employment; paid sick leave, civil penalties. (signed) - SB199: Employment; paid sick leave, civil penalties. (signed) - HB95: Va. Residential Landlord and Tenant Act; landlord remedies, noncompliance with rental agreement. (signed) - HB1393: Electric utilities; pilot program for energy assistance and weatherization for certain individuals. (signed) - HB834: Virginia Residential Landlord and Tenant Act; fire or casualty damage, termination by landlord. (signed) - HB675: Protection of employees; coercion or threat based on immigration status, civil penalty. (signed) ## Sources - [Veto Explanation (HTML)](https://lis.blob.core.windows.net/files/1225789.HTML) - [Gov Recommendation (HTML)](https://lis.blob.core.windows.net/files/1219347.HTML) - [Enrolled (HTML)](https://lis.blob.core.windows.net/files/1212123.HTML) - [Enrolled (PDF)](https://lis.blob.core.windows.net/files/1212122.PDF) - [Amendment (HTML)](https://lis.blob.core.windows.net/files/1204074.HTML) - [Amendment (HTML)](https://lis.blob.core.windows.net/files/1177951.HTML) - [Introduced (HTML)](https://lis.blob.core.windows.net/files/1083249.HTML) - [Introduced (PDF)](https://lis.blob.core.windows.net/files/1083248.PDF) ## Related - [HB5: Employment; paid sick leave, civil penalties.](https://policyrisk.com/state-bill/VA-HB5-2026) - [SB199: Employment; paid sick leave, civil penalties.](https://policyrisk.com/state-bill/VA-SB199-2026) - [HB95: Va. Residential Landlord and Tenant Act; landlord remedies, noncompliance with…](https://policyrisk.com/state-bill/VA-HB95-2026) - [HB1393: Electric utilities; pilot program for energy assistance and weatherization for…](https://policyrisk.com/state-bill/VA-HB1393-2026) - [HB834: Virginia Residential Landlord and Tenant Act; fire or casualty damage, terminat…](https://policyrisk.com/state-bill/VA-HB834-2026) - [HB675: Protection of employees; coercion or threat based on immigration status, civil…](https://policyrisk.com/state-bill/VA-HB675-2026) - [Virginia bills](https://policyrisk.com/states/virginia/bills) - [Virginia state hub](https://policyrisk.com/states/virginia) - [All state legislation](https://policyrisk.com/state-bills) Source: PRIA, https://policyrisk.com/state-bill/VA-HB246-2026 (as of 2026-10-11).