VA SB335

Creates an affirmative defense for assault or battery charges against protected public officials (judges, law enforcement, correctional officers, firefighters, EMS personnel) when the defendant's behavior resulted from mental illness, neurocognitive disorder (including dementia), intellectual disability, or developmental disability (such as autism spectrum disorder)

Requires defendants to prove the defense by a preponderance of the evidence and provide written notice to the Commonwealth's Attorney at least 60 days before trial (or 14 days if the trial date is set within 21 days of the last court appearance)

Allows reduction of the Class 6 felony charge to a Class 1 misdemeanor if the mental condition contributed to the behavior but did not fully cause it

Explicitly excludes voluntary intoxication from qualifying as an affirmative defense under this provision

Preserves existing common law defenses that defendants may otherwise assert in assault and battery cases