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Virginia House of DelegatesHB 246

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

Passed 59–39Party-line

What it does: 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… (official summary)

Question before the chamber: Senate amendments agreed to by House

A yes vote agreed to the Senate's amendments to HB 246, which gives an affirmative defense to certain assault charges for people proving a mental illness, neurocognitive disorder or developmental disability at the time and sent it to the governor. (AI-written)

Read the official record ↗

The tally

Yes 59 · No 39 · Not voting 1

Bar: green = yes, brown = no, striped = not voting.

Votes by party
PartyYesNoNot voting
Democrats5941
Republicans0350

Most Democrats voted yes; most Republicans voted no. 4 members voted against their party’s majority.

Voted against their party’s majority

The full roll (99)

Yes 59

No 39

Not voting 1

“Not voting” is a recorded non-vote, not a reason for the absence. Parties come from public rosters; how we count.