HB 246: Mental illness, neurocognitive disorder, etc.; affirmative defense or reduced penalty.

Official summary

Abstract published by the legislature (via Open States). Text as published by the legislature; reproduced verbatim.

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.

Sponsors

Sponsors by party (alphabetical): Democratic 2

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. April 13, 2026Governor's recommendation received by House
2. March 31, 2026Governor's Action Deadline 11:59 p.m., April 13, 2026
3. March 31, 2026Enrolled Bill communicated to Governor on March 31, 2026
4. March 31, 2026Signed by Speaker
5. March 31, 2026Fiscal Impact Statement from Department of Planning and Budget (HB246)
6. March 30, 2026Signed by President
7. March 30, 2026Bill text as passed House and Senate (HB246ER)
8. March 30, 2026Enrolled
9. March 11, 2026Senate amendments agreed to by House (59-Y 39-N 0-A)
10. March 10, 2026Passed Senate with amendments (22-Y 18-N 0-A)
11. March 10, 2026Engrossed by Senate as amended
12. March 10, 2026Courts of Justice Amendments agreed to

Showing 12 most recent of 34 actions. Full history