HB246 • 2026

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

An Act to amend and reenact § 18.2-57 of the Code of Virginia, relating to affirmative defense or reduced penalty for mental illness, neurocognitive disorder, or intellectual or developmental disability.

Crime

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Watts
Last action: 2026-05-20
Official status: Governor's Veto
Effective date: Not listed

Plain English Breakdown

The bill was ultimately vetoed, so its exact implementation details remain speculative.

Mental Health Defense for Certain Crimes

This law would allow people with mental illness, neurocognitive disorders, or intellectual disabilities to use their condition as a defense when charged with assault on certain individuals.

What This Bill Does

Allows someone accused of assaulting specific people to claim that they were not responsible because of a mental health issue like schizophrenia, dementia, autism, or an intellectual disability.
Requires the person or their lawyer to tell the prosecutor at least two months before trial about using this defense, unless the trial is very soon after court appearance.
If someone does not prove their actions were due to a mental condition but shows it contributed to their behavior, they could be found guilty of a lesser crime than originally charged.
Doesn't allow people to use voluntary drug or alcohol intoxication as an excuse for their actions.

Who It Names or Affects

People with mental illnesses, neurocognitive disorders, intellectual disabilities, and developmental disabilities who are accused of assault on certain individuals.
Prosecutors and judges in Virginia's criminal justice system.

Terms To Know

Affirmative defense: A legal argument that admits to the act but claims it was justified due to a specific condition or circumstance.
Neurocognitive disorder: A type of mental health issue affecting brain function, such as dementia or autism.

Limits and Unknowns

The bill was vetoed by the Governor due to concerns about creating confusion and inconsistencies in Virginia's legal system.
It is unclear how this law would be implemented if it were enacted without changes suggested by the Governor.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB246G

2026-04-13 • Governor

Governor's Recommendation

Plain English: (HB246) GOVERNOR'S RECOMMENDATION 1.

(HB246) GOVERNOR'S RECOMMENDATION 1.
Line 34, enrolled, after proves strike , by a preponderance of the evidence, 2.
Line 34, enrolled, after that insert such person did not have the intent required 3.
Line 34, enrolled, after time strike of 4.

HB246AS1

2026-02-24 • Committee

Courts of Justice Amendment

Plain English: 2/24/2026 (HB246) AMENDMENT(S) PROPOSED BY THE SENATE COURTS OF JUSTICE 1.

2/24/2026 (HB246) AMENDMENT(S) PROPOSED BY THE SENATE COURTS OF JUSTICE 1.
Line 55, engrossed, after of a insert Class 1 COURTS OF JUSTICE 2.
Line 55, engrossed, after misdemeanor strike pursuant to subsection A

HB246EDOC

2026-03-10 • Senate

Senate Amendments

Plain English: 3/10/2026 (HB246) AMENDMENT(S) PROPOSED BY THE SENATE COURTS OF JUSTICE 1.

3/10/2026 (HB246) AMENDMENT(S) PROPOSED BY THE SENATE COURTS OF JUSTICE 1.
Line 55, engrossed, after of a insert Class 1 COURTS OF JUSTICE 2.
Line 55, engrossed, after misdemeanor strike pursuant to subsection A

Bill History

2026-05-20 Governor
Vetoed by Governor
2026-04-23 House
Communicated to Governor
2026-04-23 Governor
Governor's Action Deadline 11:59 p.m., May 23, 2026
2026-04-23 House
Passed by for the day
2026-04-22 House
Passed by for the day
2026-04-13 Governor
Governor's recommendation received by House
2026-03-31 House
Enrolled Bill communicated to Governor on March 31, 2026
2026-03-31 Governor
Governor's Action Deadline 11:59 p.m., April 13, 2026
2026-03-31 House
Enrolled Bill communicated to Governor on March 31, 2026
2026-03-31 Governor
Governor's Action Deadline 11:59 p.m., April 13, 2026
2026-03-31 House
Signed by Speaker
2026-03-31 House
Enrolled Bill communicated to Governor on March 31, 2026
2026-03-31 Governor
Governor's Action Deadline 11:59 p.m., April 13, 2026
2026-03-31 House
Fiscal Impact Statement from Department of Planning and Budget (HB246)
2026-03-30 Senate
Signed by President
2026-03-30 House
Enrolled
2026-03-30 House
Bill text as passed House and Senate (HB246ER)
2026-03-11 House
Senate amendments agreed to by House (59-Y 39-N 0-A)
2026-03-10 Senate
Read third time
2026-03-10 Senate
Read third time
2026-03-10 Senate
Read third time
2026-03-10 Senate
Engrossed by Senate as amended
2026-03-10 Courts of Justice
Courts of Justice Amendments agreed to
2026-03-10 Senate
Passed Senate with amendments (22-Y 18-N 0-A)
2026-03-09 Senate
Rules suspended
2026-03-09 Senate
Passed by for the day
2026-03-09 Senate
Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)
2026-03-09 Senate
Passed by for the day Block Vote (Voice Vote)
2026-03-06 Finance and Appropriations
Reported from Finance and Appropriations (11-Y 3-N)
2026-02-23 Courts of Justice
Reported from Courts of Justice with amendments and rereferred to Finance and Appropriations (9-Y 5-N)
2026-02-18 Senate
Constitutional reading dispensed (on 1st reading)
2026-02-18 Courts of Justice
Referred to Committee for Courts of Justice
2026-02-17 House
Read third time and passed House (56-Y 39-N 0-A)
2026-02-16 House
Read second time and engrossed
2026-02-13 House
Read first time
2026-02-13 House
Fiscal Impact Statement from Department of Planning and Budget (HB246)
2026-02-11 Appropriations
Reported from Appropriations (14-Y 8-N)
2026-02-11 Transportation & Public Safety
Subcommittee recommends reporting (4-Y 3-N)
2026-02-10 House
Fiscal Impact Statement from Department of Planning and Budget (HB246)
2026-02-05 Transportation & Public Safety
Assigned HAPP sub: Transportation & Public Safety
2026-02-04 Courts of Justice
Reported from Courts of Justice and referred to Appropriations (14-Y 8-N)
2026-02-02 Criminal
Subcommittee recommends reporting and referring to Appropriations (7-Y 3-N)
2026-01-30 Criminal
Assigned HCJ sub: Criminal
2026-01-27 House
Fiscal Impact Statement from Department of Planning and Budget (HB246)
2026-01-08 House
Prefiled and ordered printed; Offered 01-14-2026 26102477D
2026-01-08 Courts of Justice
Referred to Committee for Courts of Justice

Official Summary Text

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.

Current Bill Text

Read the full stored bill text

(HB246)
GOVERNOR'S VETO
Pursuant to Article V, Section 6, of the Constitution of Virginia, I veto House Bill 246.
This bill would effectively create a new legal standard applicable to just one criminal charge for a specific group of people, risking increased confusion and inconsistencies in the Commonwealth's legal system. I appreciate the challenge this bill is trying to address and recognize the difficult situations that individuals with mental illnesses, neurocognitive disorders, and intellectual or developmental disabilities – and their families – face in our justice system. And as such, my amendments to this legislation sought to uphold fairness and discretion in our criminal justice system while maintaining the bill's intended purpose.
The General Assembly rejected my amendments, but I look forward to working with the bill's patron and stakeholders to address this issue in the future.
Accordingly, I veto this bill.