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- Subject Index: Since 1995
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2024 SESSION
SB 357 Assault or assault and battery; affirmative defense, penalty.
Introduced by: Jennifer B. Boysko | 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 HB 267.
FULL TEXT
- 01/09/24 Senate: Prefiled and ordered printed; offered 01/10/24 24104571D pdf | impact statement
- 01/29/24 Senate: Committee substitute printed 24106529D-S1 pdf
- 02/05/24 Senate: Floor substitute printed 24107083D-S2 (Boysko) pdf | impact statement
- 02/16/24 House: Committee substitute printed 24107804D-H1 pdf | impact statement
- 03/08/24 Senate: Conference substitute printed 24109040D-S3 pdf | impact statement
- 03/25/24 Senate: Bill text as passed Senate and House (SB357ER) pdf
AMENDMENTS
- Senate committee, floor amendments and substitutes offered
- Conference amendments
- Governor's veto explanation
HISTORY
- 01/09/24 Senate: Prefiled and ordered printed; offered 01/10/24 24104571D
- 01/09/24 Senate: Referred to Committee for Courts of Justice
- 01/10/24 Senate: Moved from Judiciary to Courts of Justice due to a change of the committee name
- 01/29/24 Senate: Reported from Courts of Justice with substitute (9-Y 6-N)
- 01/29/24 Senate: Committee substitute printed 24106529D-S1
- 01/30/24 Senate: Constitutional reading dispensed (40-Y 0-N)
- 01/31/24 Senate: Read second time
- 01/31/24 Senate: Reading of substitute waived
- 01/31/24 Senate: Committee substitute agreed to 24106529D-S1
- 01/31/24 Senate: Engrossed by Senate - committee substitute SB357S1
- 02/01/24 Senate: Passed by for the day
- 02/02/24 Senate: Passed by for the day
- 02/05/24 Senate: Floor substitute printed 24107083D-S2 (Boysko)
- 02/05/24 Senate: Engrossment reconsidered by Senate (40-Y 0-N)
- 02/05/24 Senate: Committee substitute reconsidered (40-Y 0-N)
- 02/05/24 Senate: Committee substitute rejected
- 02/05/24 Senate: Reading of substitute waived
- 02/05/24 Senate: Substitute by Senator Boysko agreed to 24107083D-S2
- 02/05/24 Senate: Engrossed by Senate - floor substitute SB357S2
- 02/05/24 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/05/24 Senate: Passed Senate (21-Y 19-N)
- 02/13/24 House: Placed on Calendar
- 02/13/24 House: Read first time
- 02/13/24 House: Referred to Committee for Courts of Justice
- 02/16/24 House: Committee substitute printed 24107804D-H1
- 02/16/24 House: Reported from Courts of Justice with substitute (11-Y 9-N)
- 02/20/24 House: Read second time
- 02/21/24 House: Read third time
- 02/21/24 House: Committee substitute agreed to 24107804D-H1
- 02/21/24 House: Engrossed by House - committee substitute SB357H1
- 02/21/24 House: Passed House with substitute (49-Y 48-N)
- 02/21/24 House: VOTE: Passage (49-Y 48-N)
- 02/23/24 Senate: House substitute rejected by Senate (0-Y 39-N)
- 02/26/24 House: House insisted on substitute
- 02/26/24 House: House requested conference committee
- 02/28/24 Senate: Senate acceded to request (20-Y 19-N)
- 02/28/24 Senate: Conferees appointed by Senate
- 02/28/24 Senate: Senators: Boysko, Surovell, Stanley
- 02/29/24 House: Conferees appointed by House
- 02/29/24 House: Delegates: Watts, Callsen, Kilgore
- 03/08/24 Conference: Amended by conference committee
- 03/08/24 Senate: Conference substitute printed 24109040D-S3
- 03/09/24 House: Conference report agreed to by House (51-Y 47-N)
- 03/09/24 House: VOTE: Adoption (51-Y 47-N)
- 03/09/24 Senate: Conference report agreed to by Senate (21-Y 19-N)
- 03/25/24 Senate: Enrolled
- 03/25/24 Senate: Bill text as passed Senate and House (SB357ER)
- 03/25/24 Senate: Signed by President
- 03/26/24 House: Signed by Speaker
- 03/27/24 Senate: 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 Senate: Passed by for the day