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- Subject Index: Since 1995
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Developed and maintained by the Division of Legislative Automated Systems.
2024 SESSION
HB 267 Assault or assault and battery; affirmative defense, penalty.
Introduced by: Vivian E. Watts | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
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 SB 357.
FULL TEXT
- 01/05/24 House: Prefiled and ordered printed; offered 01/10/24 24102519D pdf | impact statement
- 02/09/24 House: Committee substitute printed 24107381D-H1 pdf | impact statement
- 02/28/24 Senate: Committee substitute printed 24108488D-S1 pdf | impact statement
- 03/09/24 House: Conference substitute printed 24109015D-H2 pdf | impact statement
- 03/25/24 House: Bill text as passed House and Senate (HB267ER) pdf
AMENDMENTS
- House subcommittee amendments and substitutes offered
- House subcommittee amendments and substitutes adopted
- House committee, floor amendments and substitutes offered
- Senate committee, floor amendments and substitutes offered
- Conference amendments
- Governor's veto explanation
HISTORY
- 01/05/24 House: Prefiled and ordered printed; offered 01/10/24 24102519D
- 01/05/24 House: Referred to Committee for Courts of Justice
- 01/30/24 House: Assigned Courts sub: Criminal
- 02/05/24 House: Subcommittee recommends reporting with substitute (5-Y 3-N)
- 02/09/24 House: Reported from Courts of Justice with substitute (12-Y 9-N)
- 02/09/24 House: Committee substitute printed 24107381D-H1
- 02/11/24 House: Read first time
- 02/12/24 House: Read second time
- 02/12/24 House: Committee substitute agreed to 24107381D-H1
- 02/12/24 House: Engrossed by House - committee substitute HB267H1
- 02/13/24 House: Read third time and passed House (56-Y 42-N)
- 02/13/24 House: VOTE: Passage (56-Y 42-N)
- 02/14/24 Senate: Constitutional reading dispensed
- 02/14/24 Senate: Referred to Committee for Courts of Justice
- 02/28/24 Senate: Committee substitute printed 24108488D-S1
- 02/28/24 Senate: Reported from Courts of Justice with substitute (7-Y 5-N)
- 03/01/24 Senate: Constitutional reading dispensed (40-Y 0-N)
- 03/04/24 Senate: Read third time
- 03/04/24 Senate: Reading of substitute waived
- 03/04/24 Senate: Committee substitute agreed to 24108488D-S1
- 03/04/24 Senate: Engrossed by Senate - committee substitute HB267S1
- 03/04/24 Senate: Passed Senate with substitute (20-Y 19-N)
- 03/05/24 House: Senate substitute rejected by House 24108488D-S1 (1-Y 99-N)
- 03/05/24 House: VOTE: REJECTED (1-Y 99-N)
- 03/06/24 Senate: Senate insisted on substitute (40-Y 0-N)
- 03/06/24 Senate: Senate requested conference committee
- 03/07/24 House: House acceded to request
- 03/07/24 House: Conferees appointed by House
- 03/07/24 House: Delegates: Watts, Callsen, Kilgore
- 03/07/24 Senate: Conferees appointed by Senate
- 03/07/24 Senate: Senators: Boysko, Surovell, Stanley
- 03/09/24 Conference: Amended by conference committee
- 03/09/24 House: Conference substitute printed 24109015D-H2
- 03/09/24 House: Conference report agreed to by House (51-Y 46-N)
- 03/09/24 House: VOTE: Adoption (51-Y 46-N)
- 03/09/24 Senate: Conference report agreed to by Senate (21-Y 19-N)
- 03/25/24 House: Enrolled
- 03/25/24 House: Bill text as passed House and Senate (HB267ER)
- 03/25/24 Senate: Signed by President
- 03/26/24 House: Signed by Speaker
- 03/27/24 House: Enrolled Bill communicated to Governor on March 27, 2024
- 03/27/24 Governor: Governor's Action Deadline 11:59 p.m., April 8, 2024
- 03/27/24 Governor: Vetoed by Governor
- 04/17/24 House: House sustained Governor's veto