HB246
Mental illness, neurocognitive disorder, etc.; affirmative defense or reduced penalty.
Status:
Passed
Latest Action:
March 11, 2026
House: Senate amendments agreed to by House (59-Y 39-N 0-A)
Chief Patron:
Vivian Watts (D)
Session:
2026 Regular Session
Summary
As Introduced. 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 ... (More) 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 developmental 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 person met the criteria for issuance of an emergency custody order. (Less)-
Bill History
- 01/08/2026 - House: Prefiled and ordered printed; Offered 01-14-2026 26102477D
- 01/08/2026 - House: Referred to Committee for Courts of Justice
- 01/27/2026 - House: Fiscal Impact Statement from Department of Planning and Budget (HB246)
- 01/30/2026 - House: Assigned HCJ sub: Criminal
- 01/30/2026 - House: Placed on Courts of Justice Agenda
- 02/02/2026 - House: Subcommittee recommends reporting and referring to Appropriations (7-Y 3-N)
- 02/03/2026 - House: Placed on Courts of Justice Agenda
- 02/04/2026 - House: Reported from Courts of Justice and referred to Appropriations (14-Y 8-N)
- 02/04/2026 - House: Referred to Committee on Appropriations
- 02/05/2026 - House: Assigned HAPP sub: Transportation & Public Safety
- 02/10/2026 - House: Fiscal Impact Statement from Department of Planning and Budget (HB246)
- 02/10/2026 - House: Placed on Appropriations Agenda
- 02/11/2026 - House: Subcommittee recommends reporting (4-Y 3-N)
- 02/11/2026 - House: Reported from Appropriations (14-Y 8-N)
- 02/13/2026 - House: Read first time
- 02/13/2026 - House: Fiscal Impact Statement from Department of Planning and Budget (HB246)
- 02/16/2026 - House: Read second time and engrossed
- 02/17/2026 - House: Read third time and passed House (56-Y 39-N 0-A) Close Floor Vote
- 02/18/2026 - Senate: Constitutional reading dispensed (on 1st reading)
- 02/18/2026 - Senate: Referred to Committee for Courts of Justice
- 02/23/2026 - Senate: Reported from Courts of Justice with amendments and rereferred to Finance and Appropriations (9-Y 5-N)
- 02/23/2026 - Senate: Rereferred to Finance and Appropriations
- 03/06/2026 - Senate: Reported from Finance and Appropriations (11-Y 3-N)
- 03/09/2026 - Senate: Rules suspended
- 03/09/2026 - Senate: Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)
- 03/09/2026 - Senate: Passed by for the day Block Vote (Voice Vote)
- 03/10/2026 - Senate: Read third time
- 03/10/2026 - Senate: Courts of Justice Amendments agreed to
- 03/10/2026 - Senate: Engrossed by Senate as amended
- 03/10/2026 - Senate: Passed Senate with amendments (22-Y 18-N 0-A) Close Floor Vote
- 03/11/2026 - House: Senate amendments agreed to by House (59-Y 39-N 0-A) Close Floor Vote
