SB 357

Abstract

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.

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) an intellectual disability or a developmental disability, such as autism spectrum disorder, 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, or developmental disability, but the evidence establishes that his mental illness, intellectual disability, or developmental disability otherwise contributed to his behaviors, the finder of fact may find the accused guilty of a misdemeanor assault or assault and battery.

Assault and battery of a law-enforcement officer;penalty. Reduces the penalty for assault and battery of a law-enforcementofficer from a Class 6 felony to a Class 1 misdemeanor and reducesthe mandatory minimum term of confinement from six months to 10 days.The bill also specifies that a person must commit assault and batterythat results in bodily injury to be guilty of the enhanced offense.Lastly, the bill provides that no person shall be subject to arrestor prosecution for assault and battery of a law-enforcement officerif, at the time of such assault and battery, the officer was respondingto an emergency call to summon fire, police, or emergency medicalservices in a situation where the individual is experiencing a crisisand whose behaviors are consistent with (i) mental illness or (ii)an intellectual disability or a developmental disability.