VA SB357 | 2024 | Regular Session
Status
Spectrum: Partisan Bill (Democrat 1-0)
Status: Vetoed on March 27 2024 - 100% progression
Action: 2024-04-17 - Passed by for the day
Text: Latest bill text (Enrolled) [HTML]
Status: Vetoed on March 27 2024 - 100% progression
Action: 2024-04-17 - Passed by for the day
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 47-N) (Y: 51 N: 47 NV: 0 Abs: 2) [PASS]
2024-02-28 - Senate - Senate: Senate acceded to request (20-Y 19-N) (Y: 20 N: 19 NV: 0 Abs: 1) [PASS]
2024-02-23 - Senate - Senate: House substitute rejected by Senate (0-Y 39-N) (Y: 0 N: 39 NV: 0 Abs: 1) [FAIL]
2024-02-21 - House - House: VOTE: Passage (49-Y 48-N) (Y: 49 N: 48 NV: 0 Abs: 3) [PASS]
2024-02-16 - House - House: Reported from Courts of Justice with substitute (11-Y 9-N) (Y: 11 N: 9 NV: 0 Abs: 2) [PASS]
2024-02-05 - Senate - Senate: Passed Senate (21-Y 19-N) (Y: 21 N: 19 NV: 0 Abs: 0) [PASS]
2024-02-05 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2024-02-05 - Senate - Senate: Committee substitute reconsidered (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2024-02-05 - Senate - Senate: Engrossment reconsidered by Senate (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2024-01-30 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2024-01-29 - Senate - Senate: Reported from Courts of Justice with substitute (9-Y 6-N) (Y: 9 N: 6 NV: 0 Abs: 0) [PASS]
2024-03-09 - House - House: VOTE: Adoption (51-Y 47-N) (Y: 51 N: 47 NV: 0 Abs: 2) [PASS]
2024-02-28 - Senate - Senate: Senate acceded to request (20-Y 19-N) (Y: 20 N: 19 NV: 0 Abs: 1) [PASS]
2024-02-23 - Senate - Senate: House substitute rejected by Senate (0-Y 39-N) (Y: 0 N: 39 NV: 0 Abs: 1) [FAIL]
2024-02-21 - House - House: VOTE: Passage (49-Y 48-N) (Y: 49 N: 48 NV: 0 Abs: 3) [PASS]
2024-02-16 - House - House: Reported from Courts of Justice with substitute (11-Y 9-N) (Y: 11 N: 9 NV: 0 Abs: 2) [PASS]
2024-02-05 - Senate - Senate: Passed Senate (21-Y 19-N) (Y: 21 N: 19 NV: 0 Abs: 0) [PASS]
2024-02-05 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2024-02-05 - Senate - Senate: Committee substitute reconsidered (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2024-02-05 - Senate - Senate: Engrossment reconsidered by Senate (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2024-01-30 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2024-01-29 - Senate - Senate: Reported from Courts of Justice with substitute (9-Y 6-N) (Y: 9 N: 6 NV: 0 Abs: 0) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2024-04-17 | Senate | Passed by for the day |
| 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 | Senate | 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 | Senate | Bill text as passed Senate and House (SB357ER) |
| 2024-03-25 | Senate | Enrolled |
| 2024-03-09 | Senate | Conference report agreed to by Senate (21-Y 19-N) |
| 2024-03-09 | House | VOTE: Adoption (51-Y 47-N) |
| 2024-03-09 | House | Conference report agreed to by House (51-Y 47-N) |
| 2024-03-08 | Senate | Conference substitute printed 24109040D-S3 |
| 2024-03-08 | Conference: Amended by conference committee | |
| 2024-02-29 | House | Delegates: Watts, Callsen, Kilgore |
| 2024-02-29 | House | Conferees appointed by House |
| 2024-02-28 | Senate | Senators: Boysko, Surovell, Stanley |
| 2024-02-28 | Senate | Conferees appointed by Senate |
| 2024-02-28 | Senate | Senate acceded to request (20-Y 19-N) |
| 2024-02-26 | House | House requested conference committee |
| 2024-02-26 | House | House insisted on substitute |
| 2024-02-23 | Senate | House substitute rejected by Senate (0-Y 39-N) |
| 2024-02-21 | House | VOTE: Passage (49-Y 48-N) |
| 2024-02-21 | House | Passed House with substitute (49-Y 48-N) |
| 2024-02-21 | House | Engrossed by House - committee substitute SB357H1 |
| 2024-02-21 | House | Committee substitute agreed to 24107804D-H1 |
| 2024-02-21 | House | Read third time |
| 2024-02-20 | House | Read second time |
| 2024-02-16 | House | Reported from Courts of Justice with substitute (11-Y 9-N) |
| 2024-02-16 | House | Committee substitute printed 24107804D-H1 |
| 2024-02-13 | House | Referred to Committee for Courts of Justice |
| 2024-02-13 | House | Read first time |
| 2024-02-13 | House | Placed on Calendar |
| 2024-02-05 | Senate | Passed Senate (21-Y 19-N) |
| 2024-02-05 | Senate | Constitutional reading dispensed (40-Y 0-N) |
| 2024-02-05 | Senate | Engrossed by Senate - floor substitute SB357S2 |
| 2024-02-05 | Senate | Substitute by Senator Boysko agreed to 24107083D-S2 |
| 2024-02-05 | Senate | Reading of substitute waived |
| 2024-02-05 | Senate | Committee substitute rejected |
| 2024-02-05 | Senate | Committee substitute reconsidered (40-Y 0-N) |
| 2024-02-05 | Senate | Engrossment reconsidered by Senate (40-Y 0-N) |
| 2024-02-05 | Senate | Floor substitute printed 24107083D-S2 (Boysko) |
| 2024-02-02 | Senate | Passed by for the day |
| 2024-02-01 | Senate | Passed by for the day |
| 2024-01-31 | Senate | Engrossed by Senate - committee substitute SB357S1 |
| 2024-01-31 | Senate | Committee substitute agreed to 24106529D-S1 |
| 2024-01-31 | Senate | Reading of substitute waived |
| 2024-01-31 | Senate | Read second time |
| 2024-01-30 | Senate | Constitutional reading dispensed (40-Y 0-N) |
| 2024-01-29 | Senate | Committee substitute printed 24106529D-S1 |
| 2024-01-29 | Senate | Reported from Courts of Justice with substitute (9-Y 6-N) |
| 2024-01-10 | Senate | Moved from Judiciary to Courts of Justice due to a change of the committee name |
| 2024-01-09 | Senate | Referred to Committee for Courts of Justice |
| 2024-01-09 | Senate | Prefiled and ordered printed; offered 01/10/24 24104571D |
Same As/Similar To
HB267 (Similar To) 2024-04-17 - House sustained Governor's veto
