SB 1013: Neurocognitive disorder, etc.; affirmative defense to prosecution.

Official summary

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

Affirmative defense or reduced penalty for a 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 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 misdemeanor assault or assault and battery. The bill also provides that such affirmative defense shall not be construed to allow an affirmative defense for voluntary intoxication.

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 2, 2025Senate sustained Governor's veto
2. April 2, 2025Passed by for the day
3. March 24, 2025Vetoed by Governor
4. March 11, 2025Governor's Action Deadline 11:59 p.m., March 24, 2025
5. March 11, 2025Enrolled Bill Communicated to Governor on March 11, 2025
6. March 10, 2025Signed by President
7. March 7, 2025Signed by Speaker
8. March 7, 2025Bill text as passed Senate and House (SB1013ER)
9. March 7, 2025Enrolled
10. February 20, 2025House substitute agreed to by Senate (23-Y 16-N)
11. February 19, 2025Passed House with substitute (53-Y 43-N)
12. February 19, 2025Engrossed by House - committee substitute

Showing 12 most recent of 30 actions. Full history