All Roll Calls
Yes: 170 • No: 87
VirginiaSB10132025 Regular SessionSenate
Neurocognitive disorder, etc.; affirmative defense to prosecution.
Sponsored By: Jennifer B. Boysko (Democratic)
To Governor
Summary
Affirmative defense or reduced penalty for a 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 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 misdemeanor assault or assault and battery. The bill also provides that such affirmative defense shall not be construed to allow an affirmative defense for voluntary intoxication.
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Bill Overview
No Economic Impacts Identified for this Bill
Sponsors & Cosponsors
Sponsor
Jennifer B. Boysko
Democratic • Senate
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
Senate vote • 2/20/2025
House substitute agreed to by Senate
Yes: 23 • No: 16
House vote • 2/19/2025
Passed House with substitute
Yes: 53 • No: 43
House vote • 2/14/2025
Reported from Courts of Justice with substitute
Yes: 15 • No: 5
House vote • 2/10/2025
Subcommittee recommends reporting
Yes: 7 • No: 1 • Other: 1
Senate vote • 2/4/2025
Read third time and passed Senate
Yes: 23 • No: 17
Senate vote • 1/31/2025
Constitutional reading dispensed Block Vote (on 1st reading)
Yes: 39 • No: 0
Senate vote • 1/29/2025
Reported from Courts of Justice
Yes: 10 • No: 5
Actions Timeline
Senate sustained Governor's veto
4/2/2025SenatePassed by for the day
4/2/2025SenateVetoed by Governor
3/24/2025GovernorGovernor's Action Deadline 11:59 p.m., March 24, 2025
3/11/2025GovernorEnrolled Bill Communicated to Governor on March 11, 2025
3/11/2025SenateSigned by President
3/10/2025SenateBill text as passed Senate and House (SB1013ER)
3/7/2025SenateEnrolled
3/7/2025SenateSigned by Speaker
3/7/2025HouseHouse substitute agreed to by Senate (23-Y 16-N)
2/20/2025SenatePassed House with substitute (53-Y 43-N)
2/19/2025HouseEngrossed by House - committee substitute
2/19/2025HouseCourts of Justice Substitute agreed to
2/19/2025HouseRead third time
2/19/2025HouseRead second time
2/18/2025HouseReported from Courts of Justice with substitute (15-Y 5-N)
2/14/2025HouseCommittee substitute printed 25107210D-H1
2/14/2025HouseSubcommittee recommends reporting (7-Y 1-N)
2/10/2025HouseRead first time
2/7/2025HouseAssigned Courts sub: Criminal
2/7/2025HouseReferred to Committee for Courts of Justice
2/7/2025HousePlaced on Calendar
2/7/2025HouseRead third time and passed Senate (23-Y 17-N)
2/4/2025SenateRead second time and engrossed
2/3/2025SenateConstitutional reading dispensed Block Vote (on 1st reading) (39-Y 0-N)
1/31/2025Senate
Bill Text
Veto Explanation
3/24/2025
Substitute
2/14/2025
Introduced
1/7/2025
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