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

Also relevant to:Person with a disability

Where it is in the process

Plain-English Summary

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) menta…

Source: OpenStates · fetched April 22, 2026

Who it affects

Mental health service user

Provides an affirmative defense to prosecution for assault or assault and battery if the person's behaviors were a result of mental illness.

Person with a disability

Provides an affirmative defense to prosecution for assault or assault and battery if the person's behaviors were a result of neurocognitive disorder or intellectual or developmental disability.

AI-extracted

Who This AffectsAI analysis

Mental health service userdirectModerate impactHigh certainty
Provides an affirmative defense to prosecution for assault or assault and battery if the person's behaviors were a result of mental illness.
“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) menta”· Affirmative defense or reduced penalty for mental illness, neurocognitive disorder, or intellectual or developmental disability.
Person with a disabilitydirectModerate impactHigh certainty
Provides an affirmative defense to prosecution for assault or assault and battery if the person's behaviors were a result of 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) menta”· Affirmative defense or reduced penalty for mental illness, neurocognitive disorder, or intellectual or developmental disability.

What the Bill Does

Establishes an affirmative defense for assault or assault and battery charges.
The defense applies if the person's behaviors are a result of mental illness, neurocognitive disorder, or intellectual or developmental disability.
Requires the person to prove the condition by a preponderance of the evidence.

Votes

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