Mental illness, neurocognitive disorder, etc.; affirmative defense or reduced penalty.
This bill proposes that mental illness and neurocognitive disorders can be grounds for an affirmative defense or reduced penalty in legal cases. The specific provisions and requirements are not available as the bill text is missing.
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HB246 — Mental illness, neurocognitive disorder, etc.; affirmative defense or reduced penalty.
Last action — Vetoed by Governor
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House of Delegates
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 08, 2026. Enacted.
Signed by Governor Glenn Youngkin (Republican) on March 31, 2026.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Cleared a recorded vote
Passed 10 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
In plain language
The bill addresses mental illness and neurocognitive disorders in legal defenses.
This bill proposes that mental illness and neurocognitive disorders can be grounds for an affirmative defense or reduced penalty in legal cases. The specific provisions and requirements are not available as the bill text is missing.
Summary
Mental illness, neurocognitive disorder, etc.; affirmative defense or reduced penalty.
Bill Text
We don't have the full text on file for this bill yet.
Read HB246 on the official Virginia source →Compared against the Code of Virginia as published AI-generated reading aid — verify against the official bill.
This bill amends 1 section(s) of the Code of Virginia: 18.2-57.
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18.2-57
It is an affirmative defense to prosecution of a person for assault or assault and battery under this subsection 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 as defined in § 37.2-100 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 pursuant to § 37.2-808. If such person intends to introduce evidence pursuant to this subsection, he, or his counsel, shall 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. In the event that 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. The period of any such continuance shall not be counted for speedy trial purposes under § 19.2-243.
Inserts “It is an affirmative defense to prosecution of a person for assault or assault and battery under this subsection 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 as defined in § 37.2-100 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 pursuant to § 37.2-808. If such person intends to introduce evidence pursuant to this subsection, he, or his counsel, shall 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. In the event that 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. The period of any such continuance shall not be counted for speedy trial purposes under § 19.2-243.”.
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18.2-57
If such person does not prove by a preponderance of the evidence that at the time of the assault or assault and battery 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 misdemeanor pursuant to subsection A.
Inserts “If such person does not prove by a preponderance of the evidence that at the time of the assault or assault and battery 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 misdemeanor pursuant to subsection A.”.
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18.2-57
Nothing in this subsection shall be construed to allow an affirmative defense for voluntary intoxication.
Inserts “Nothing in this subsection shall be construed to allow an affirmative defense for voluntary intoxication.”.
Action History
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Vetoed by Governor
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H Governor's Veto Received by House
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Governor's Action Deadline 11:59 p.m., May 23, 2026
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H Communicated to Governor
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H Passed by for the day
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H Passed by for the day
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Governor's Recommendation
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Governor's recommendation received by House
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Governor's Action Deadline 11:59 p.m., April 13, 2026
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H Enrolled Bill communicated to Governor on March 31, 2026
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H Signed by Speaker
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H Fiscal Impact Statement from Department of Planning and Budget (HB246)
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S Signed by President
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H Bill text as passed House and Senate (HB246ER)
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H Enrolled
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H Senate amendments agreed to by House (59-Y 39-N 0-A)
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S Passed Senate with amendments (22-Y 18-N 0-A)
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S Engrossed by Senate as amended
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S Courts of Justice Amendments agreed to
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S Read third time
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S Passed by for the day Block Vote (Voice Vote)
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S Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)
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S Rules suspended
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S Reported from Finance and Appropriations (11-Y 3-N)
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S Rereferred to Finance and Appropriations
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S Reported from Courts of Justice with amendments and rereferred to Finance and Appropriations (9-Y 5-N)
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S Referred to Committee for Courts of Justice
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S Constitutional reading dispensed (on 1st reading)
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H Read third time and passed House (56-Y 39-N 0-A)
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H Read second time and engrossed
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H Fiscal Impact Statement from Department of Planning and Budget (HB246)
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H Read first time
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H Reported from Appropriations (14-Y 8-N)
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H Subcommittee recommends reporting (4-Y 3-N)
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H Placed on Appropriations Agenda
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H Fiscal Impact Statement from Department of Planning and Budget (HB246)
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H Assigned HAPP sub: Transportation & Public Safety
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H Referred to Committee on Appropriations
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H Reported from Courts of Justice and referred to Appropriations (14-Y 8-N)
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H Placed on Courts of Justice Agenda
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H Subcommittee recommends reporting and referring to Appropriations (7-Y 3-N)
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H Placed on Courts of Justice Agenda
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H Assigned HCJ sub: Criminal
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H Fiscal Impact Statement from Department of Planning and Budget (HB246)
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H Referred to Committee for Courts of Justice
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H Prefiled and ordered printed; Offered 01-14-2026 26102477D
Sponsors
- Vivian E. Watts · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on · 57 voted No
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (147)
147 members have not signed on to this bill.
Show all 147 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 59 | 39 | 0 | 1 |
| Total | 59 | 39 | 0 | 1 |
| % of votes cast | 60% | 39% | 0% | 1% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 22 | 18 | 0 | 0 |
| Total | 22 | 18 | 0 | 0 |
| % of votes cast | 55% | 45% | 0% | 0% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Aaron R. Rouse | — | Yea |
| Angelia Williams Graves | — | Yea |
| Barbara A. Favola | — | Yea |
| Bill DeSteph | — | Nay |
| Bryce E. Reeves | — | Nay |
| Christie New Craig | — | Nay |
| Christopher T. Head | — | Nay |
| Danica A. Roem | — | Yea |
| David R. Suetterlein | — | Nay |
| David W. Marsden | — | Yea |
| Elizabeth B. Bennett-Parker | — | Yea |
| Emily M. Jordan | — | Nay |
| Glen H. Sturtevant, Jr. | — | Nay |
| J.D. "Danny" Diggs | — | Nay |
| Jennifer B. Boysko | — | Yea |
| Jennifer D. Carroll Foy | — | Yea |
| Jeremy S. McPike | — | Yea |
| Kannan Srinivasan | — | Yea |
| L. Louise Lucas | — | Yea |
| Lamont Bagby | — | Yea |
| Lashrecse D. Aird | — | Yea |
| Luther Cifers, III | — | Nay |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Nay |
| Mark J. Peake | — | Nay |
| Michael J. Jones | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Yea |
| Russet Perry | — | Yea |
| Ryan T. McDougle | — | Nay |
| Saddam Azlan Salim | — | Yea |
| Schuyler T. VanValkenburg | — | Yea |
| Scott A. Surovell | — | Yea |
| Stella G. Pekarsky | — | Yea |
| T. Travis Hackworth | — | Nay |
| Tammy Brankley Mulchi | — | Nay |
| Tara A. Durant | — | Nay |
| Timmy French | — | Nay |
| Todd E. Pillion | — | Nay |
| William M. Stanley, Jr. | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Aaron R. Rouse | — | Yea |
| Angelia Williams Graves | — | Yea |
| Barbara A. Favola | — | Yea |
| Bill DeSteph | — | Yea |
| Bryce E. Reeves | — | Yea |
| Christie New Craig | — | Yea |
| Christopher T. Head | — | Yea |
| Danica A. Roem | — | Yea |
| David R. Suetterlein | — | Yea |
| David W. Marsden | — | Yea |
| Elizabeth B. Bennett-Parker | — | Yea |
| Emily M. Jordan | — | Yea |
| Glen H. Sturtevant, Jr. | — | Yea |
| J.D. "Danny" Diggs | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jennifer D. Carroll Foy | — | Yea |
| Jeremy S. McPike | — | Yea |
| Kannan Srinivasan | — | Yea |
| L. Louise Lucas | — | Yea |
| Lamont Bagby | — | Yea |
| Lashrecse D. Aird | — | Yea |
| Luther Cifers, III | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mark J. Peake | — | Yea |
| Michael J. Jones | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Yea |
| Russet Perry | — | Yea |
| Ryan T. McDougle | — | Yea |
| Saddam Azlan Salim | — | Yea |
| Schuyler T. VanValkenburg | — | Yea |
| Scott A. Surovell | — | Yea |
| Stella G. Pekarsky | — | Yea |
| T. Travis Hackworth | — | Yea |
| Tammy Brankley Mulchi | — | Yea |
| Tara A. Durant | — | Yea |
| Timmy French | — | Yea |
| Todd E. Pillion | — | Yea |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 11 | 3 | 0 | 1 |
| Total | 11 | 3 | 0 | 1 |
| % of votes cast | 73% | 20% | 0% | 7% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Aaron R. Rouse | — | Yea |
| Barbara A. Favola | — | Yea |
| Bryce E. Reeves | — | Not Voting |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| L. Louise Lucas | — | Yea |
| Lamont Bagby | — | Yea |
| Lashrecse D. Aird | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Nay |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Yea |
| Ryan T. McDougle | — | Nay |
| Scott A. Surovell | — | Yea |
| Todd E. Pillion | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 9 | 5 | 0 | 1 |
| Total | 9 | 5 | 0 | 1 |
| % of votes cast | 60% | 33% | 0% | 7% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Barbara A. Favola | — | Yea |
| Glen H. Sturtevant, Jr. | — | Nay |
| Jennifer B. Boysko | — | Yea |
| Jennifer D. Carroll Foy | — | Yea |
| Kannan Srinivasan | — | Yea |
| Mark D. Obenshain | — | Nay |
| Mark J. Peake | — | Nay |
| Michael J. Jones | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Not Voting |
| Russet Perry | — | Yea |
| Ryan T. McDougle | — | Nay |
| Saddam Azlan Salim | — | Yea |
| Scott A. Surovell | — | Yea |
| William M. Stanley, Jr. | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 56 | 39 | 0 | 5 |
| Total | 56 | 39 | 0 | 5 |
| % of votes cast | 56% | 39% | 0% | 5% |
How each member voted (100)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 14 | 8 | 0 | 0 |
| Total | 14 | 8 | 0 | 0 |
| % of votes cast | 64% | 36% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Alex Q. Askew | — | Yea |
| Amy J. Laufer | — | Yea |
| Betsy B. Carr | — | Yea |
| Bill Wiley | — | Nay |
| Briana D. Sewell | — | Yea |
| C.E. Cliff Hayes, Jr. | — | Yea |
| Charniele L. Herring | — | Yea |
| David A. Reid | — | Yea |
| Delores L. McQuinn | — | Yea |
| Ellen H. McLaughlin | — | Nay |
| James W. Morefield | — | Nay |
| Joshua E. Thomas | — | Nay |
| Kathy K.L. Tran | — | Yea |
| Luke E. Torian | — | Yea |
| M. Keith Hodges | — | Nay |
| Marcia S. "Cia" Price | — | Yea |
| Paul E. Krizek | — | Yea |
| Robert S. Bloxom, Jr. | — | Nay |
| Rodney T. Willett | — | Yea |
| Scott A. Wyatt | — | Nay |
| Shelly A. Simonds | — | Yea |
| Terry L. Austin | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 3 | 0 | 1 |
| Total | 4 | 3 | 0 | 1 |
| % of votes cast | 50% | 38% | 0% | 13% |
How each member voted (8)
| Member | Party | Vote |
|---|---|---|
| Alex Q. Askew | — | Yea |
| David A. Reid | — | Yea |
| Delores L. McQuinn | — | Yea |
| Joshua E. Thomas | — | Nay |
| Luke E. Torian | — | Not Voting |
| Paul E. Krizek | — | Yea |
| Scott A. Wyatt | — | Nay |
| Terry L. Austin | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 14 | 8 | 0 | 0 |
| Total | 14 | 8 | 0 | 0 |
| % of votes cast | 64% | 36% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Atoosa R. Reaser | — | Yea |
| Charlie Schmidt | — | Yea |
| James A. "Jay" Leftwich | — | Nay |
| Jason S. Ballard | — | Nay |
| Justin Pence | — | Nay |
| Karen Keys-Gamarra | — | Yea |
| Karen R. "Kacey" Carnegie | — | Yea |
| Karrie K. Delaney | — | Yea |
| Katrina Callsen | — | Yea |
| Leslie Chambers Mehta | — | Yea |
| Madison Whittle | — | Nay |
| Marcus B. Simon | — | Yea |
| Michelle Lopes Maldonado | — | Nay |
| Patrick A. Hope | — | Yea |
| Phil M. Hernandez | — | Yea |
| Rae Cousins | — | Yea |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Terry G. Kilgore | — | Nay |
| Virgil Thornton | — | Yea |
| Vivian E. Watts | — | Yea |
| Will Davis | — | Nay |
| Wren M. Williams | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 3 | 0 | 1 |
| Total | 7 | 3 | 0 | 1 |
| % of votes cast | 64% | 27% | 0% | 9% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| Charlie Schmidt | — | Yea |
| Karrie K. Delaney | — | Yea |
| Katrina Callsen | — | Yea |
| Leslie Chambers Mehta | — | Yea |
| Madison Whittle | — | Nay |
| Patrick A. Hope | — | Not Voting |
| Phil M. Hernandez | — | Yea |
| Rae Cousins | — | Yea |
| Vivian E. Watts | — | Yea |
| Will Davis | — | Nay |
| Wren M. Williams | — | Nay |
Subjects
Frequently asked questions
- What does HB246 do?
- Mental illness, neurocognitive disorder, etc.; affirmative defense or reduced penalty.
- Who sponsors HB246?
- HB246 is sponsored by Vivian E. Watts.
- What is the current status of HB246?
- This bill has been enacted into law. Introduced January 08, 2026. Enacted.
- Where can I track HB246?
- Track HB246 free on One Click Politics — get push/email alerts when it moves.
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