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SB335

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

Status:
In Senate

Latest Action: Feb. 10, 2026
Senate: Passed by for the day Block Vote (Voice Vote)

Chief Patron:
Jennifer Boysko (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 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

  • 01/13/2026 - Senate: Prefiled and ordered printed; Offered 01-14-2026 26100581D
  • 01/13/2026 - Senate: Referred to Committee for Courts of Justice
  • 01/27/2026 - Senate: Fiscal Impact Statement from Department of Planning and Budget (SB335)
  • 02/09/2026 - Senate: Reported from Courts of Justice with amendments (10-Y 5-N)
  • 02/10/2026 - Senate: Rules suspended
  • 02/10/2026 - Senate: Constitutional reading dispensed Block Vote (on 1st reading) (40-Y 0-N 0-A)
  • 02/10/2026 - Senate: Passed by for the day Block Vote (Voice Vote)