Temporary detention; notice of recommendation, communication with magistrate. (HB1110)
Introduced By
Del. Rob Bell (R-Charlottesville)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
✓ |
Signed by Governor |
☐ |
Became Law |
Description
Temporary detention; notice of recommendation; communication with magistrate. Provides that the magistrate conducting a temporary detention hearing shall consider, if available, the recommendations of the person's personal representative and relatives. The bill also requires the community services board evaluating a person for temporary detention, if the evaluation recommends that the person not be subject to temporary detention, (i) to notify the person's personal representative of such recommendation in addition to the current obligation to notify the petitioner and an onsite treating physician; (ii) to include in such evaluation any contrary recommendations, if available, by the person's personal representative, relatives, or treating or examining physician; and (iii) to arrange for the petitioner to communicate with the magistrate prior to taking action on the petition for temporary detention. Finally, the bill imposes a duty on health care providers providing services to a person subject to emergency custody, temporary detention, or involuntary admission proceedings to make a reasonable attempt to notify the person's family member or personal representative and clarifies that such representative includes an agent named in an advance directive; currently, such health care provider has discretion as to whether to make such notification. Read the Bill »
Outcome
History
| Date | Action |
|---|---|
| 01/13/2016 | Committee |
| 01/13/2016 | Prefiled and ordered printed; offered 01/13/16 16104098D |
| 01/13/2016 | Referred to Committee for Courts of Justice |
| 01/20/2016 | Assigned to sub: Mental Health |
| 01/20/2016 | Assigned App. sub: Mental Health |
| 01/20/2016 | Assigned Courts sub: Mental Health |
| 01/29/2016 | Impact statement from DPB (HB1110) |
| 02/05/2016 | Subcommittee recommends reporting with amendment(s) (5-Y 1-N) |
| 02/12/2016 | Reported from Courts of Justice with substitute (18-Y 0-N) (see vote tally) |
| 02/12/2016 | Committee substitute printed 16105432D-H1 |
| 02/13/2016 | Read first time |
| 02/15/2016 | Read second time |
| 02/15/2016 | Committee substitute agreed to 16105432D-H1 |
| 02/15/2016 | Engrossed by House - committee substitute HB1110H1 |
| 02/16/2016 | Read third time and passed House BLOCK VOTE (99-Y 0-N) |
| 02/16/2016 | VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) (see vote tally) |
| 02/17/2016 | Constitutional reading dispensed |
| 02/17/2016 | Referred to Committee for Courts of Justice |
| 02/29/2016 | Reported from Courts of Justice with amendments (13-Y 0-N 1-A) (see vote tally) |
| 03/01/2016 | Constitutional reading dispensed (38-Y 0-N) (see vote tally) |
| 03/02/2016 | Read third time |
| 03/02/2016 | Reading of amendments waived |
| 03/02/2016 | Committee amendments agreed to |
| 03/02/2016 | Engrossed by Senate as amended |
| 03/02/2016 | Passed Senate with amendments (40-Y 0-N) (see vote tally) |
| 03/03/2016 | Placed on Calendar |
| 03/04/2016 | Senate amendments agreed to by House (97-Y 0-N) |
| 03/04/2016 | VOTE: ADOPTION (97-Y 0-N) (see vote tally) |
| 03/07/2016 | Enrolled |
| 03/07/2016 | Bill text as passed House and Senate (HB1110ER) |
| 03/07/2016 | Signed by Speaker |
| 03/09/2016 | G Governor's Action Deadline Midnight, Monday, April 11, 2016 |
| 03/09/2016 | Signed by President |
| 03/09/2016 | Enrolled Bill communicated to Governor on 3/9/2016 |
| 03/09/2016 | G Governor's Action Deadline Midnight, Sunday, April 10, 2016 |
| 03/21/2016 | Impact statement from DPB (HB1110ER) |
| 03/29/2016 | G Approved by Governor-Chapter 569 (effective 7/1/16) |
| 03/29/2016 | G Acts of Assembly Chapter text (CHAP0569) |
Video
This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 2 minutes.
Transcript
This is a transcript of the video clips in which this bill is discussed.
Del. Bill Howell (R-Fredericksburg): DO ANY SENATORS DESIRE TO CH ANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.
[Unknown]: AYES 37, NOS 3. AYES 37, NOS 3. THE BILL PASSES. HOUSE BILL 1110. A BILL RELATING TO TEMPORARY DETENTION NOTICE OF RECOMMENDATION: COMMUNICATION WITH MAGISTRATE. RECORDED FROM THE COMMITTEE OF COURTS OF JUSTICE WITH AMENDMENT. THE SENATOR FROM ROCKINGHAM. >> I MOVE THE COMMITTEE AMENDMENTS BE AGREED TO. THE QUESTION IS SHALL THE COMMITTEE AMENDMENTS BE AGREED TO. ALL IN FAVOR SAY AYE. THOSE OPPOSED, NO. THE AYES HAVE IT. THE SENATOR FROM ROCKINGHAM. MR. PRESIDENT, I MOVE THAT THE BILL PASS. THIS BILL PROVIDES THAT A MAGISTRATE CONDUCTING A TEMPORARY HEARING CONSIDERS THEY CONSIDER WHEN AVAILABLE INFORMATION PROVIDED BY THE PERSON WHO INITIATED THE EMERGENCY CUSTODY PROCEEDINGS AND REQUIRES THAT THE COMMUNITY SERVICES BOARD NOTE FAY THE PERSON WHO INITIATED THE PROCEEDING OF THE RECOMMENDATION THAT THEY ARE MAKING. AND ALSO TO PROMPTLY INFORM EARN THE PERSON WHO INITIATED THE PROCEEDING I GUESS OF THE OUTCOME AND ALSO IT IMPOSES OTHER REQUIREMENTS.
Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS SHALL HOUSE BILL 1110 PASS. ALL IN FAVOR OF THE MOTION WILLS AYE, THOSE OPPOSED NO.