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HB246Introduced in the House of Delegates

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

Vetoed

Introduced by Vivian Watts, District 14

What does this bill do?

Plain-English breakdown

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Official description

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.

Where it stands

Vetoed by Governor

May 20, 2026

How did lawmakers vote?

House of Delegates votes

6 recorded votes · each counted separately

Senate votes

4 recorded votes · each counted separately

House of DelegatesStage: Senate amendments agreed to by House (59-Y 39-N 0-A) · March 11, 2026

59

Yes

39

No

1

Absent or Not Voting

99 delegates recorded in this House of Delegates vote. Colors show vote categories only, not whether a vote was good or bad.

See how each delegate voted

DelegateDistrictVote
Patrick Hope1Yes
Adele McClure2Yes
Alfonso Lopez3Yes
Charniele Herring4Yes
Kirk McPike5Yes
Richard Sullivan6Yes
Karen Keys-Gamarra7Yes
Irene Shin8Yes
Karrie Delaney9Yes
Dan Helmer10Yes

Bill history

  1. Prefiled and ordered printed; Offered 01-14-2026 26102477D

  2. Referred to Committee for Courts of Justice

  3. Fiscal Impact Statement from Department of Planning and Budget (HB246)

  4. Assigned HCJ sub: Criminal

  5. Subcommittee recommends reporting and referring to Appropriations (7-Y 3-N)

  6. Reported from Courts of Justice and referred to Appropriations (14-Y 8-N)

  7. Assigned HAPP sub: Transportation & Public Safety

  8. Fiscal Impact Statement from Department of Planning and Budget (HB246)

  9. Subcommittee recommends reporting (4-Y 3-N)

  10. Reported from Appropriations (14-Y 8-N)

  11. Read first time

  12. Fiscal Impact Statement from Department of Planning and Budget (HB246)

  13. Read second time and engrossed

  14. Read third time and passed House (56-Y 39-N 0-A)

  15. Constitutional reading dispensed (on 1st reading)

  16. Referred to Committee for Courts of Justice

  17. Reported from Courts of Justice with amendments and rereferred to Finance and Appropriations (9-Y 5-N)

  18. Reported from Finance and Appropriations (11-Y 3-N)

  19. Rules suspended

  20. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

  21. Passed by for the day Block Vote (Voice Vote)

  22. Read third time

  23. Courts of Justice Amendments agreed to

  24. Engrossed by Senate as amended

  25. Passed Senate with amendments (22-Y 18-N 0-A)

  26. Senate amendments agreed to by House (59-Y 39-N 0-A)

  27. Enrolled

  28. Bill text as passed House and Senate (HB246ER)

  29. Signed by President

  30. Fiscal Impact Statement from Department of Planning and Budget (HB246)

  31. Signed by Speaker

  32. Enrolled Bill communicated to Governor on March 31, 2026

  33. Governor's Action Deadline 11:59 p.m., April 13, 2026

  34. Governor's recommendation received by House

  35. Passed by for the day

  36. Passed by for the day

  37. Communicated to Governor

  38. Governor's Action Deadline 11:59 p.m., May 23, 2026

  39. Vetoed by Governor

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