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

Plain English Breakdown

Checked against official source text during the last sync.

Mental Health Defense for Assault Cases

This act allows people with certain mental health conditions to use their condition as a defense in assault cases and may reduce the penalty if they prove that their actions were due to their illness or disability.

What This Bill Does

• Allows someone accused of assault or battery to claim an affirmative defense based on mental illness, neurocognitive disorder, intellectual disability, or developmental disability.
• Requires the person or their lawyer to tell the prosecutor at least 60 days before trial about using this defense, unless the trial is within 21 days after a court appearance.
• If someone does not prove that their actions were due to mental health issues but shows these conditions contributed to their behavior, they can be found guilty of a lesser crime (Class 1 misdemeanor).
• Doesn't allow using this defense for voluntary intoxication.

Who It Names or Affects

• People accused of assault or battery who have certain mental health conditions.
• Prosecutors and judges in Virginia's court system.

Terms To Know

Affirmative Defense

A legal argument that admits to the act but claims it was justified due to specific circumstances, like a mental illness.

Neurocognitive Disorder

A condition affecting brain function and behavior, such as dementia or autism spectrum disorder.

Limits and Unknowns

• The bill does not specify what happens if the notice is given less than 60 days before trial.
• It's unclear how this will affect cases where voluntary intoxication was involved in an assault.

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 HB 246.

Current Bill Text

(SB335)
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. Line 34, enrolled, after
time of the
insert
alleged
5. Line 35, enrolled, after
battery
insert
was committed because
6. Line 47, enrolled
strike
all of lines 47 through 51