HB 246 VA

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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.

• Vivian E. Watts Democratic · primary

1. Jan 8, 2026 Prefiled and ordered printed; Offered 01-14-2026 26102477D · lower
2. Jan 8, 2026 Referred to Committee for Courts of Justice · lower
3. Jan 27, 2026 Fiscal Impact Statement from Department of Planning and Budget (HB246) · lower
4. Jan 30, 2026 Assigned HCJ sub: Criminal · lower
5. Feb 2, 2026 Subcommittee recommends reporting and referring to Appropriations (7-Y 3-N) · lower
6. Feb 4, 2026 Reported from Courts of Justice and referred to Appropriations (14-Y 8-N) · lower
7. Feb 5, 2026 Assigned HAPP sub: Transportation & Public Safety · lower
8. Feb 10, 2026 Fiscal Impact Statement from Department of Planning and Budget (HB246) · lower
9. Feb 11, 2026 Subcommittee recommends reporting (4-Y 3-N) · lower
10. Feb 11, 2026 Reported from Appropriations (14-Y 8-N) · lower
11. Feb 13, 2026 Read first time · lower
12. Feb 13, 2026 Fiscal Impact Statement from Department of Planning and Budget (HB246) · lower
13. Feb 16, 2026 Read second time and engrossed · lower
14. Feb 17, 2026 Read third time and passed House (56-Y 39-N 0-A) · lower
15. Feb 18, 2026 Constitutional reading dispensed (on 1st reading) · upper
16. Feb 18, 2026 Referred to Committee for Courts of Justice · upper
17. Feb 23, 2026 Reported from Courts of Justice with amendments and rereferred to Finance and Appropriations (9-Y 5-N) · upper
18. Mar 6, 2026 Reported from Finance and Appropriations (11-Y 3-N) · upper
19. Mar 9, 2026 Rules suspended · upper
20. Mar 9, 2026 Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A) · upper
21. Mar 9, 2026 Passed by for the day Block Vote (Voice Vote) · upper
22. Mar 10, 2026 Read third time · upper
23. Mar 10, 2026 Courts of Justice Amendments agreed to · upper
24. Mar 10, 2026 Engrossed by Senate as amended · upper
25. Mar 10, 2026 Passed Senate with amendments (22-Y 18-N 0-A) · upper
26. Mar 11, 2026 Senate amendments agreed to by House (59-Y 39-N 0-A) · lower
27. Mar 30, 2026 Enrolled · lower
28. Mar 30, 2026 Bill text as passed House and Senate (HB246ER) · lower
29. Mar 30, 2026 Signed by President · upper
30. Mar 31, 2026 Fiscal Impact Statement from Department of Planning and Budget (HB246) · lower
31. Mar 31, 2026 Signed by Speaker · lower
32. Mar 31, 2026 Enrolled Bill communicated to Governor on March 31, 2026 · lower
33. Mar 31, 2026 Governor's Action Deadline 11:59 p.m., April 13, 2026 · executive
34. Apr 13, 2026 Governor's recommendation received by House · executive

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Governor's Recommendation · HTML
• Enrolled · PDF
• Enrolled · HTML
• Senate Amendments · HTML
• Courts of Justice Amendment · HTML
• Introduced · PDF
• Introduced · HTML