# Virginia SB1013: Neurocognitive disorder, etc.; affirmative defense to prosecution. Virginia SB1013, Neurocognitive disorder, etc.; affirmative defense to prosecution., is a 2025 Regular Session Senate bill sponsored by Jennifer B. Boysko (Democratic); status to governor, last action 2025-04-02 (Senate sustained Governor's veto) (as of 2026-10-17). - Canonical: https://policyrisk.com/state-bill/VA-SB1013-2025 - As of: 2026-10-17 - Plain-text twin of the page above; the HTML and this file carry the same facts. ## Facts - Bill: Virginia SB1013 - State: Virginia - Session: 2025 Regular Session - Title: Neurocognitive disorder, etc.; affirmative defense to prosecution. - Status: to governor - Chamber: Senate - Introduced: 2025-01-07 - Last action: 2025-04-02, Senate sustained Governor's veto - Sponsor: Jennifer B. Boysko (Democratic) - Cosponsors: 0 - Touches household money: no - Roll calls: 7 (170 yes, 87 no in all) - Economic provisions PRIA read: 0 ## 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. ## Bill overview No economic impacts identified for this bill. ## Sponsors and cosponsors - Sponsor: Jennifer B. Boysko (Democratic), Senate ## Roll call votes | Date | Chamber | Motion | Result | Yes | No | Other | | --- | --- | --- | --- | --- | --- | --- | | 2025-02-20 | Senate | House substitute agreed to by Senate | pass | 23 | 16 | | | 2025-02-19 | House | Passed House with substitute | pass | 53 | 43 | | | 2025-02-14 | House | Reported from Courts of Justice with substitute | pass | 15 | 5 | | | 2025-02-10 | House | Subcommittee recommends reporting | pass | 7 | 1 | 1 | | 2025-02-04 | Senate | Read third time and passed Senate | pass | 23 | 17 | | | 2025-01-31 | Senate | Constitutional reading dispensed Block Vote (on 1st reading) | pass | 39 | 0 | | | 2025-01-29 | Senate | Reported from Courts of Justice | pass | 10 | 5 | | ## Actions (30) - 2025-04-02: Senate sustained Governor's veto (Senate) - 2025-04-02: Passed by for the day (Senate) - 2025-03-24: Vetoed by Governor (Governor) - 2025-03-11: Governor's Action Deadline 11:59 p.m., March 24, 2025 (Governor) - 2025-03-11: Enrolled Bill Communicated to Governor on March 11, 2025 (Senate) - 2025-03-10: Signed by President (Senate) - 2025-03-07: Bill text as passed Senate and House (SB1013ER) (Senate) - 2025-03-07: Enrolled (Senate) - 2025-03-07: Signed by Speaker (House) - 2025-02-20: House substitute agreed to by Senate (23-Y 16-N) (Senate) - 2025-02-19: Passed House with substitute (53-Y 43-N) (House) - 2025-02-19: Engrossed by House - committee substitute (House) - 2025-02-19: Courts of Justice Substitute agreed to (House) - 2025-02-19: Read third time (House) - 2025-02-18: Read second time (House) - 2025-02-14: Reported from Courts of Justice with substitute (15-Y 5-N) (House) - 2025-02-14: Committee substitute printed 25107210D-H1 (House) - 2025-02-10: Subcommittee recommends reporting (7-Y 1-N) (House) - 2025-02-07: Read first time (House) - 2025-02-07: Assigned Courts sub: Criminal (House) - 2025-02-07: Referred to Committee for Courts of Justice (House) - 2025-02-07: Placed on Calendar (House) - 2025-02-04: Read third time and passed Senate (23-Y 17-N) (Senate) - 2025-02-03: Read second time and engrossed (Senate) - 2025-01-31: Constitutional reading dispensed Block Vote (on 1st reading) (39-Y 0-N) (Senate) - 2025-01-31: Passed by for the day (Senate) - 2025-01-31: Rules suspended (Senate) - 2025-01-29: Reported from Courts of Justice (10-Y 5-N) (Senate) - 2025-01-07: Referred to Committee for Courts of Justice (Senate) - 2025-01-07: Prefiled and ordered printed; Offered 01-08-2025 25104334D (Senate) ## Bill text - Veto Explanation, 2025-03-24: [HTML](https://lis.blob.core.windows.net/files/1074017.HTML) - Substitute, 2025-02-14: [HTML](https://lis.blob.core.windows.net/files/1053338.HTML), [HTML](https://lis.blob.core.windows.net/files/1053468.HTML), [PDF](https://lis.blob.core.windows.net/files/1053337.PDF), [PDF](https://lis.blob.core.windows.net/files/1053467.PDF) - Introduced, 2025-01-07: [HTML](https://lis.blob.core.windows.net/files/1014815.HTML), [PDF](https://lis.blob.core.windows.net/files/1014814.PDF) ## Related bills - HR671: Commending JR's Auto Care. (adopted) - SB941: Robbery; use of air or gas operated weapon, etc., penalty. (failed) - HB1746: Public safety officer; definition. (failed) - HB1600: Budget Bill. (failed) - SB1449: Data centers; site assessment for high energy use facility. (failed) - HB1609: Essential health benefits benchmark plan; Commission to consider coverage for infertility treatment. (to governor) ## Sources - [Veto Explanation (HTML)](https://lis.blob.core.windows.net/files/1074017.HTML) - [Substitute (HTML)](https://lis.blob.core.windows.net/files/1053338.HTML) - [Substitute (HTML)](https://lis.blob.core.windows.net/files/1053468.HTML) - [Substitute (PDF)](https://lis.blob.core.windows.net/files/1053337.PDF) - [Substitute (PDF)](https://lis.blob.core.windows.net/files/1053467.PDF) - [Introduced (HTML)](https://lis.blob.core.windows.net/files/1014815.HTML) - [Introduced (PDF)](https://lis.blob.core.windows.net/files/1014814.PDF) ## Related - [HR671: Commending JR's Auto Care.](https://policyrisk.com/state-bill/VA-HR671-2025) - [SB941: Robbery; use of air or gas operated weapon, etc., penalty.](https://policyrisk.com/state-bill/VA-SB941-2025) - [HB1746: Public safety officer; definition.](https://policyrisk.com/state-bill/VA-HB1746-2025) - [HB1600: Budget Bill.](https://policyrisk.com/state-bill/VA-HB1600-2025) - [SB1449: Data centers; site assessment for high energy use facility.](https://policyrisk.com/state-bill/VA-SB1449-2025) - [HB1609: Essential health benefits benchmark plan; Commission to consider coverage for i…](https://policyrisk.com/state-bill/VA-HB1609-2025) - [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-SB1013-2025 (as of 2026-10-17).