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Virginia bills · 2026 Regular Session

Virginia HB 246

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

  1. Introduced
  2. In committee
  3. Passed House
  4. Passed Senate
  5. To Governor
  6. Became law

Sponsors

Cosponsors (1)

Summary

Official abstract published by the Virginia legislature· SUMMARY AS PASSED

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.

Text versions

Roll-call votes

State vote data last updated Oct 14, 2026, 8:01 AM.

DateVoteResultYour legislators
Mar 11, 2026
House		H VOTE:passSet your home in Virginia to see
Mar 10, 2026
Senate		Passage RpassSet your home in Virginia to see
Mar 9, 2026
Senate		Constitutional reading dispensed (on 2nd reading)passSet your home in Virginia to see
Mar 6, 2026
Senate		Reported from Finance and AppropriationspassSet your home in Virginia to see
Feb 23, 2026
Senate		Reported from Courts of Justice with amendmentspassSet your home in Virginia to see
Feb 17, 2026
House		H VOTE:passSet your home in Virginia to see
Feb 11, 2026
House		Reported from AppropriationspassSet your home in Virginia to see
Feb 11, 2026
House		Subcommittee recommends reportingpassSet your home in Virginia to see
Feb 4, 2026
House		Reported from Courts of JusticepassSet your home in Virginia to see
Feb 2, 2026
House		Subcommittee recommends reportingpassSet your home in Virginia to see

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