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SB335Introduced in the Senate

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

Vetoed

Introduced by Jennifer Boysko, District 38

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 HB 246.

Where it stands

Vetoed by Governor

May 19, 2026

How did lawmakers vote?

House of Delegates votes

2 recorded votes · each counted separately

Senate votes

4 recorded votes · each counted separately

SenateStage: Passed by for the day (21-Y 18-N 0-A) · April 22, 2026

21

Yes

18

No

1

Absent or Not Voting

40 senators recorded in this Senate vote. Colors show vote categories only, not whether a vote was good or bad.

See how each senator voted

SenatorDistrictVote
Elizabeth Bennett-Parker5Yes
Michael Jones77Yes
Timmy French1No
Mark Obenshain2No
Chris Head3Absent
David Suetterlein4No
Travis Hackworth5No
Todd Pillion6No
William Stanley7No
Mark Peake8No

Bill history

  1. Prefiled and ordered printed; Offered 01-14-2026 26100581D

  2. Referred to Committee for Courts of Justice

  3. Fiscal Impact Statement from Department of Planning and Budget (SB335)

  4. Reported from Courts of Justice with amendments (10-Y 5-N)

  5. Rules suspended

  6. Constitutional reading dispensed Block Vote (on 1st reading) (40-Y 0-N 0-A)

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

  8. Read second time

  9. Courts of Justice Amendments agreed to

  10. Engrossed by Senate as amended (Voice Vote)

  11. Fiscal Impact Statement from Department of Planning and Budget (SB335)

  12. Read third time and passed Senate (26-Y 14-N 0-A)

  13. Fiscal Impact Statement from Department of Planning and Budget (SB335)

  14. Placed on Calendar

  15. Read first time

  16. Referred to Committee for Courts of Justice

  17. Reported from Courts of Justice (15-Y 7-N)

  18. Read second time

  19. Read third time

  20. Passed House (56-Y 39-N 0-A)

  21. Enrolled

  22. Bill text as passed Senate and House (SB335ER)

  23. Fiscal Impact Statement from Department of Planning and Budget (SB335)

  24. Signed by Speaker

  25. Signed by President

  26. Enrolled Bill communicated to Governor on March 10, 2026

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

  28. Governor's recommendation received by Senate

  29. Passed by for the day (21-Y 18-N 0-A)

  30. Communicated to Governor

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

  32. Governor's Veto Received by Senate

  33. Vetoed by Governor

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