Assault or assault and battery; affirmative defense, penalty. (SB357)

Introduced By

Sen. Jennifer Boysko (D-Herndon) with support from co-patron Del. Irene Shin (D-Herndon)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


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. This bill is identical to HB 267. Read the Bill »


The Fiscal Impact Statement states that the fiscal implications of this bill are indeterminate. However, the Virginia Criminal Sentencing Commission provided data that suggests that fewer individuals may be sentenced to jail or prison as a result of the bill. The state currently pays $5.00 a day for each misdemeanant held in a jail and $15.00 a day for state responsible prisoners held in local jails. The state's share of these costs on a per prisoner, per day basis varies. The fiscal impact on the Department of Health and Developmental Services and on state and local law enforcement agencies is not known at this time. The statement will be updated if additional information is received.

Summary generated automatically by OpenAI.


Bill Has Failed


01/09/2024Referred to Committee on the Judiciary
01/09/2024Prefiled and ordered printed; offered 01/10/24 24104571D
01/09/2024Referred to Committee for Courts of Justice
01/10/2024Moved from Judiciary to Courts of Justice due to a change of the committee name
01/16/2024Impact statement from DPB (SB357)
01/29/2024Senate committee, floor amendments and substitutes offered
01/29/2024Reported from Courts of Justice with substitute (9-Y 6-N) (see vote tally)
01/29/2024Committee substitute printed 24106529D-S1
01/30/2024Constitutional reading dispensed (40-Y 0-N) (see vote tally)
01/31/2024Read second time
01/31/2024Reading of substitute waived
01/31/2024Committee substitute agreed to 24106529D-S1
01/31/2024Engrossed by Senate - committee substitute SB357S1
02/01/2024Passed by for the day
02/02/2024Passed by for the day
02/05/2024Floor substitute printed 24107083D-S2 (Boysko)
02/05/2024Engrossment reconsidered by Senate (40-Y 0-N) (see vote tally)
02/05/2024Committee substitute reconsidered (40-Y 0-N) (see vote tally)
02/05/2024Committee substitute rejected
02/05/2024Reading of substitute waived
02/05/2024Substitute by Senator Boysko agreed to 24107083D-S2
02/05/2024Engrossed by Senate - floor substitute SB357S2
02/05/2024Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/05/2024Passed Senate (21-Y 19-N) (see vote tally)
02/09/2024Impact statement from DPB (SB357S2)
02/13/2024Placed on Calendar
02/13/2024Read first time
02/13/2024Referred to Committee for Courts of Justice
02/16/2024Committee substitute printed 24107804D-H1
02/16/2024Reported from Courts of Justice with substitute (11-Y 9-N) (see vote tally)
02/19/2024Impact statement from DPB (SB357H1)
02/20/2024Read second time
02/21/2024Read third time
02/21/2024Committee substitute agreed to 24107804D-H1
02/21/2024Engrossed by House - committee substitute SB357H1
02/21/2024Passed House with substitute (49-Y 48-N)
02/21/2024VOTE: Passage (49-Y 48-N) (see vote tally)
02/23/2024House substitute rejected by Senate (0-Y 39-N) (see vote tally)
02/26/2024House insisted on substitute
02/26/2024House requested conference committee
02/28/2024Senate acceded to request (20-Y 19-N) (see vote tally)
02/28/2024Conferees appointed by Senate
02/28/2024Senators: Boysko, Surovell, Stanley
02/29/2024Conferees appointed by House
02/29/2024Delegates: Watts, Callsen, Kilgore
03/08/2024C Amended by conference committee
03/08/2024Conference substitute printed 24109040D-S3
03/09/2024Conference report agreed to by House (51-Y 47-N)
03/09/2024VOTE: Adoption (51-Y 47-N)
03/09/2024Conference report agreed to by Senate (21-Y 19-N)
03/11/2024Impact statement from DPB (SB357S3)
03/25/2024Bill text as passed Senate and House (SB357ER)
03/25/2024Signed by President
03/26/2024Signed by Speaker
03/27/2024Enrolled Bill Communicated to Governor on March 27, 2024
03/27/2024G Governor's Action Deadline 11:59 p.m., April 8, 2024
03/27/2024G Vetoed by Governor
04/17/2024Passed by for the day

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