VirginiaSB3352026 Regular SessionSenate

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

Sponsored By: Jennifer B. Boysko (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 HB 246.

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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

All Roll Calls

Yes: 168 • No: 83

Senate vote 4/22/2026

Passed by for the day Block Vote

Yes: 21 • No: 18

House vote 2/23/2026

Passed House

Yes: 56 • No: 39

House vote 2/18/2026

Reported from Courts of Justice

Yes: 15 • No: 7

Senate vote 2/12/2026

Read third time and passed Senate

Yes: 26 • No: 14

Senate vote 2/11/2026

Courts of Justice Amendments agreed to

Yes: 0 • No: 0

Senate vote 2/10/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 40 • No: 0

Senate vote 2/10/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/9/2026

Reported from Courts of Justice with amendments

Yes: 10 • No: 5

Actions Timeline

  1. Passed by for the day Block Vote (21-Y 18-N 0-A)

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

    4/22/2026Governor
  3. Communicated to Governor

    4/22/2026Senate
  4. Governor's recommendation received by Senate

    4/13/2026Governor
  5. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/10/2026Governor
  6. Enrolled Bill communicated to Governor on March 10, 2026

    3/10/2026Senate
  7. Fiscal Impact Statement from Department of Planning and Budget (SB335)

    2/24/2026Senate
  8. Bill text as passed Senate and House (SB335ER)

    2/24/2026Senate
  9. Enrolled

    2/24/2026Senate
  10. Signed by President

    2/24/2026Senate
  11. Signed by Speaker

    2/24/2026House
  12. Passed House (56-Y 39-N 0-A)

    2/23/2026House
  13. Read third time

    2/23/2026House
  14. Read second time

    2/20/2026House
  15. Reported from Courts of Justice (15-Y 7-N)

    2/18/2026House
  16. Read first time

    2/17/2026House
  17. Referred to Committee for Courts of Justice

    2/17/2026House
  18. Placed on Calendar

    2/17/2026House
  19. Fiscal Impact Statement from Department of Planning and Budget (SB335)

    2/13/2026Senate
  20. Read third time and passed Senate (26-Y 14-N 0-A)

    2/12/2026Senate
  21. Fiscal Impact Statement from Department of Planning and Budget (SB335)

    2/12/2026Senate
  22. Courts of Justice Amendments agreed to

    2/11/2026Senate
  23. Engrossed by Senate as amended (Voice Vote)

    2/11/2026Senate
  24. Read second time

    2/11/2026Senate
  25. Passed by for the day Block Vote (Voice Vote)

    2/10/2026Senate

Bill Text

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