# Virginia SB335: Mental illness, neurocognitive disorder, etc.; affirmative defense or reduced penalty. Virginia SB335, Mental illness, neurocognitive disorder, etc.; affirmative defense or reduced penalty., is a 2026 Regular Session Senate bill sponsored by Jennifer B. Boysko (Democratic); status vetoed, last action 2026-05-19 (Vetoed by Governor) (as of 2026-10-11). - Canonical: https://policyrisk.com/state-bill/VA-SB335-2026 - As of: 2026-10-11 - Plain-text twin of the page above; the HTML and this file carry the same facts. ## Facts - Bill: Virginia SB335 - State: Virginia - Session: 2026 Regular Session - Title: Mental illness, neurocognitive disorder, etc.; affirmative defense or reduced penalty. - Status: vetoed - Chamber: Senate - Introduced: 2026-01-13 - Last action: 2026-05-19, Vetoed by Governor - Sponsor: Jennifer B. Boysko (Democratic) - Cosponsors: 0 - Touches household money: no - Roll calls: 8 (168 yes, 83 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 HB 246. ## 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 | | --- | --- | --- | --- | --- | --- | --- | | 2026-04-22 | Senate | Passed by for the day Block Vote | pass | 21 | 18 | | | 2026-02-23 | House | Passed House | pass | 56 | 39 | | | 2026-02-18 | House | Reported from Courts of Justice | pass | 15 | 7 | | | 2026-02-12 | Senate | Read third time and passed Senate | pass | 26 | 14 | | | 2026-02-11 | Senate | Courts of Justice Amendments agreed to | pass | 0 | 0 | | | 2026-02-10 | Senate | Constitutional reading dispensed Block Vote (on 1st reading) | pass | 40 | 0 | | | 2026-02-10 | Senate | Passed by for the day Block Vote (Voice Vote) | pass | 0 | 0 | | | 2026-02-09 | Senate | Reported from Courts of Justice with amendments | pass | 10 | 5 | | ## Actions (33) - 2026-05-19: Vetoed by Governor (Governor) - 2026-05-19: Governor's Veto Received by Senate (Senate) - 2026-04-22: Passed by for the day Block Vote (21-Y 18-N 0-A) (Senate) - 2026-04-22: Governor's Action Deadline 11:59 p.m., May 23, 2026 (Governor) - 2026-04-22: Communicated to Governor (Senate) - 2026-04-13: Governor's recommendation received by Senate (Governor) - 2026-03-10: Governor's Action Deadline 11:59 p.m., April 13, 2026 (Governor) - 2026-03-10: Enrolled Bill communicated to Governor on March 10, 2026 (Senate) - 2026-02-24: Fiscal Impact Statement from Department of Planning and Budget (SB335) (Senate) - 2026-02-24: Bill text as passed Senate and House (SB335ER) (Senate) - 2026-02-24: Enrolled (Senate) - 2026-02-24: Signed by President (Senate) - 2026-02-24: Signed by Speaker (House) - 2026-02-23: Passed House (56-Y 39-N 0-A) (House) - 2026-02-23: Read third time (House) - 2026-02-20: Read second time (House) - 2026-02-18: Reported from Courts of Justice (15-Y 7-N) (House) - 2026-02-17: Read first time (House) - 2026-02-17: Referred to Committee for Courts of Justice (House) - 2026-02-17: Placed on Calendar (House) - 2026-02-13: Fiscal Impact Statement from Department of Planning and Budget (SB335) (Senate) - 2026-02-12: Read third time and passed Senate (26-Y 14-N 0-A) (Senate) - 2026-02-12: Fiscal Impact Statement from Department of Planning and Budget (SB335) (Senate) - 2026-02-11: Courts of Justice Amendments agreed to (Senate) - 2026-02-11: Engrossed by Senate as amended (Voice Vote) (Senate) - 2026-02-11: Read second time (Senate) - 2026-02-10: Passed by for the day Block Vote (Voice Vote) (Senate) - 2026-02-10: Constitutional reading dispensed Block Vote (on 1st reading) (40-Y 0-N 0-A) (Senate) - 2026-02-10: Rules suspended (Senate) - 2026-02-09: Reported from Courts of Justice with amendments (10-Y 5-N) (Senate) - 2026-01-27: Fiscal Impact Statement from Department of Planning and Budget (SB335) (Senate) - 2026-01-13: Referred to Committee for Courts of Justice (Senate) - 2026-01-13: Prefiled and ordered printed; Offered 01-14-2026 26100581D (Senate) ## Bill text - Veto Explanation, 2026-05-19: [HTML](https://lis.blob.core.windows.net/files/1225835.HTML) - Gov Recommendation, 2026-04-13: [HTML](https://lis.blob.core.windows.net/files/1219668.HTML) - Enrolled, 2026-02-24: [HTML](https://lis.blob.core.windows.net/files/1177077.HTML), [PDF](https://lis.blob.core.windows.net/files/1177076.PDF) - Engrossed, 2026-02-11: [HTML](https://lis.blob.core.windows.net/files/1139630.HTML), [PDF](https://lis.blob.core.windows.net/files/1139629.PDF) - Amendment, 2026-02-10: [HTML](https://lis.blob.core.windows.net/files/1138348.HTML) - Introduced, 2026-01-13: [HTML](https://lis.blob.core.windows.net/files/1089659.HTML), [PDF](https://lis.blob.core.windows.net/files/1089658.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/1225835.HTML) - [Gov Recommendation (HTML)](https://lis.blob.core.windows.net/files/1219668.HTML) - [Enrolled (HTML)](https://lis.blob.core.windows.net/files/1177077.HTML) - [Enrolled (PDF)](https://lis.blob.core.windows.net/files/1177076.PDF) - [Engrossed (HTML)](https://lis.blob.core.windows.net/files/1139630.HTML) - [Engrossed (PDF)](https://lis.blob.core.windows.net/files/1139629.PDF) - [Amendment (HTML)](https://lis.blob.core.windows.net/files/1138348.HTML) - [Introduced (HTML)](https://lis.blob.core.windows.net/files/1089659.HTML) - [Introduced (PDF)](https://lis.blob.core.windows.net/files/1089658.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-SB335-2026 (as of 2026-10-11).