VA HB267 | 2024 | Regular Session
Status
Spectrum: Partisan Bill (Democrat 2-0)
Status: Vetoed on March 27 2024 - 100% progression
Action: 2024-04-17 - House sustained Governor's veto
Text: Latest bill text (Enrolled) [HTML]
Status: Vetoed on March 27 2024 - 100% progression
Action: 2024-04-17 - House sustained Governor's veto
Text: Latest bill text (Enrolled) [HTML]
Summary
Assault and battery; affirmative defense; penalty. Provides an affirmative defense to prosecution of an individual for assault or assault and battery of certain specified individuals for which the enhanced Class 6 felony and six month mandatory minimum apply if such individual proves, by a preponderance of the evidence, that at the time of the assault or assault and battery (i) the individual's behaviors were a result of (a) mental illness or (b) a neurocognitive disorder, including dementia, or a neurodevelopmental disability, including a developmental disability or intellectual 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 individual met the criteria for issuance of an emergency custody order. Assault and battery; affirmative defense; penalty. Provides an affirmative defense to prosecution of an individual for assault or assault and battery of certain specified individuals for which the enhanced Class 6 felony and six month mandatory minimum apply if such individual proves, by a preponderance of the evidence, that at the time of the assault or assault and battery (i) the individual's behaviors were a result of (a) mental illness or (b) a neurocognitive disorder, including dementia, or a neurodevelopmental disability, including a developmental disability or intellectual 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 individual met the criteria for issuance of an emergency custody order. The bill provides that if such individual 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 the accused 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.
Title
Assault or assault and battery; affirmative defense, penalty.
Sponsors
Roll Calls
2024-03-09 - Senate - Senate: Conference report agreed to by Senate (21-Y 19-N) (Y: 21 N: 19 NV: 0 Abs: 0) [PASS]
2024-03-09 - House - House: VOTE: Adoption (51-Y 46-N) (Y: 51 N: 46 NV: 0 Abs: 3) [PASS]
2024-03-06 - Senate - Senate: Senate insisted on substitute (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2024-03-05 - House - House: VOTE: REJECTED (1-Y 99-N) (Y: 1 N: 99 NV: 0 Abs: 0) [FAIL]
2024-03-04 - Senate - Senate: Passed Senate with substitute (20-Y 19-N) (Y: 20 N: 19 NV: 0 Abs: 1) [PASS]
2024-03-01 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2024-02-28 - Senate - Senate: Reported from Courts of Justice with substitute (7-Y 5-N) (Y: 7 N: 5 NV: 0 Abs: 0) [PASS]
2024-02-13 - House - House: VOTE: Passage (56-Y 42-N) (Y: 56 N: 42 NV: 0 Abs: 2) [PASS]
2024-02-09 - House - House: Reported from Courts of Justice with substitute (12-Y 9-N) (Y: 12 N: 9 NV: 0 Abs: 1) [PASS]
2024-02-05 - House - House: Subcommittee recommends reporting with substitute (5-Y 3-N) (Y: 5 N: 3 NV: 0 Abs: 1) [PASS]
2024-03-09 - House - House: VOTE: Adoption (51-Y 46-N) (Y: 51 N: 46 NV: 0 Abs: 3) [PASS]
2024-03-06 - Senate - Senate: Senate insisted on substitute (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2024-03-05 - House - House: VOTE: REJECTED (1-Y 99-N) (Y: 1 N: 99 NV: 0 Abs: 0) [FAIL]
2024-03-04 - Senate - Senate: Passed Senate with substitute (20-Y 19-N) (Y: 20 N: 19 NV: 0 Abs: 1) [PASS]
2024-03-01 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2024-02-28 - Senate - Senate: Reported from Courts of Justice with substitute (7-Y 5-N) (Y: 7 N: 5 NV: 0 Abs: 0) [PASS]
2024-02-13 - House - House: VOTE: Passage (56-Y 42-N) (Y: 56 N: 42 NV: 0 Abs: 2) [PASS]
2024-02-09 - House - House: Reported from Courts of Justice with substitute (12-Y 9-N) (Y: 12 N: 9 NV: 0 Abs: 1) [PASS]
2024-02-05 - House - House: Subcommittee recommends reporting with substitute (5-Y 3-N) (Y: 5 N: 3 NV: 0 Abs: 1) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2024-04-17 | House | House sustained Governor's veto |
| 2024-03-27 | Governor: Vetoed by Governor | |
| 2024-03-27 | Governor: Governor's Action Deadline 11:59 p.m., April 8, 2024 | |
| 2024-03-27 | House | Enrolled Bill communicated to Governor on March 27, 2024 |
| 2024-03-26 | House | Signed by Speaker |
| 2024-03-25 | Senate | Signed by President |
| 2024-03-25 | House | Bill text as passed House and Senate (HB267ER) |
| 2024-03-25 | House | Enrolled |
| 2024-03-09 | Senate | Conference report agreed to by Senate (21-Y 19-N) |
| 2024-03-09 | House | VOTE: Adoption (51-Y 46-N) |
| 2024-03-09 | House | Conference report agreed to by House (51-Y 46-N) |
| 2024-03-09 | House | Conference substitute printed 24109015D-H2 |
| 2024-03-09 | Conference: Amended by conference committee | |
| 2024-03-07 | Senate | Senators: Boysko, Surovell, Stanley |
| 2024-03-07 | Senate | Conferees appointed by Senate |
| 2024-03-07 | House | Delegates: Watts, Callsen, Kilgore |
| 2024-03-07 | House | Conferees appointed by House |
| 2024-03-07 | House | House acceded to request |
| 2024-03-06 | Senate | Senate requested conference committee |
| 2024-03-06 | Senate | Senate insisted on substitute (40-Y 0-N) |
| 2024-03-05 | House | VOTE: REJECTED (1-Y 99-N) |
| 2024-03-05 | House | Senate substitute rejected by House 24108488D-S1 (1-Y 99-N) |
| 2024-03-04 | Senate | Passed Senate with substitute (20-Y 19-N) |
| 2024-03-04 | Senate | Engrossed by Senate - committee substitute HB267S1 |
| 2024-03-04 | Senate | Committee substitute agreed to 24108488D-S1 |
| 2024-03-04 | Senate | Reading of substitute waived |
| 2024-03-04 | Senate | Read third time |
| 2024-03-01 | Senate | Constitutional reading dispensed (40-Y 0-N) |
| 2024-02-28 | Senate | Reported from Courts of Justice with substitute (7-Y 5-N) |
| 2024-02-28 | Senate | Committee substitute printed 24108488D-S1 |
| 2024-02-14 | Senate | Referred to Committee for Courts of Justice |
| 2024-02-14 | Senate | Constitutional reading dispensed |
| 2024-02-13 | House | VOTE: Passage (56-Y 42-N) |
| 2024-02-13 | House | Read third time and passed House (56-Y 42-N) |
| 2024-02-12 | House | Engrossed by House - committee substitute HB267H1 |
| 2024-02-12 | House | Committee substitute agreed to 24107381D-H1 |
| 2024-02-12 | House | Read second time |
| 2024-02-11 | House | Read first time |
| 2024-02-09 | House | Committee substitute printed 24107381D-H1 |
| 2024-02-09 | House | Reported from Courts of Justice with substitute (12-Y 9-N) |
| 2024-02-05 | House | Subcommittee recommends reporting with substitute (5-Y 3-N) |
| 2024-01-30 | House | Assigned Courts sub: Criminal |
| 2024-01-05 | House | Referred to Committee for Courts of Justice |
| 2024-01-05 | House | Prefiled and ordered printed; offered 01/10/24 24102519D |
Same As/Similar To
SB357 (Similar To) 2024-04-17 - Passed by for the day
