Temporary detention; notice of recommendation, communication with magistrate. (SB567)

Introduced By

Sen. George Barker (D-Alexandria)

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. Amends § 16.1-337, § 37.2-804.2, § 37.2-809, of the Code of Virginia. Read the Bill »

Status

03/05/2016: Passed the General Assembly

History

DateAction
01/13/2016Prefiled and ordered printed; offered 01/13/16 16103565D
01/13/2016Referred to Committee for Courts of Justice
02/03/2016Impact statement from DPB (SB567)
02/10/2016Reported from Courts of Justice with substitute (9-Y 4-N 2-A) (see vote tally)
02/10/2016Committee substitute printed 16105445D-S1
02/12/2016Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/15/2016Read second time
02/15/2016Passed by temporarily
02/15/2016Reading of substitute waived
02/15/2016Committee substitute agreed to 16105445D-S1
02/15/2016Reading of amendments waived
02/15/2016Amendments by Senator Barker agreed to
02/15/2016Engrossed by Senate - committee substitute with amendments SB567ES1
02/15/2016Printed as engrossed 16105445D-ES1
02/15/2016Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/15/2016Passed Senate (34-Y 5-N) (see vote tally)
02/17/2016Placed on Calendar
02/17/2016Read first time
02/17/2016Referred to Committee for Courts of Justice
02/17/2016Assigned Courts sub: Mental Health
02/19/2016Subcommittee recommends reporting with amendment(s) (6-Y 0-N)
02/24/2016Reported from Courts of Justice with amendments (22-Y 0-N) (see vote tally)
02/25/2016Read second time
02/26/2016Read third time
02/26/2016Committee amendments agreed to
02/26/2016Engrossed by House as amended
02/26/2016Passed House with amendments BLOCK VOTE (97-Y 0-N)
02/26/2016VOTE: BLOCK VOTE PASSAGE (97-Y 0-N) (see vote tally)
03/01/2016House amendments agreed to by Senate (34-Y 5-N) (see vote tally)
03/02/2016Enrolled
03/02/2016Bill text as passed Senate and House (SB567ER)
03/02/2016Signed by Speaker
03/05/2016Signed by President
03/07/2016G Governor's Action Deadline Midnight, Monday, April 11, 2016
03/07/2016Enrolled Bill Communicated to Governor on 3/7/2016
03/07/2016G Governor's Action Deadline Midnight, Sunday, April 10, 2016

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 4 clips in all, totaling 5 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.



Del. Bill Howell (R-Fredericksburg): BILL 313 PASS. ALL IN FAVOR OF THE MOTION WILLS AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CH ANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 38, NOS 2. AYES 38, NOS 2. THE BILL PASSES. SENATE BILL 567. SENATOR FROM SOUTHERN FAIRFAX COUNTY, SENATOR BARKER.

Sen. George Barker (D-Alexandria): MR. PRESIDENT, I MOVE THAT THE BILL PASS AND SPEAKING TO THE BILL.

[Unknown]: THE SENATOR HAS THE FLOOR.

Sen. George Barker (D-Alexandria): MR. PRESIDENT, THIS IS THE BILL WE AMENDED JUST A LITTLE BIT AGO CHANGES THE PROCESS FOR SOMEONE SUBJECT TO AN EMERGENCY CUSTODY ORDER AND HAVING A HEARING BEFORE A MAGISTRATE AND PROVIDES THAT THE IMAGINE STRAIGHT WHEN MAKING A DECISION AS TO WHETHER TO ORDER A TEMPORARY DETENTION ORDER SHALL CONSIDER THE RECOMMENDATIONS AND FINDINGS FROM THE STAFF PERSON FROM THE COMMUNITY SERVICES BOARD DESIGNEE AND TREATING PHYSICIAN.


[Unknown]: HOUSE AMENDMENT. SENATE BILL 567 PASSED THE HOUSE WITH AMENDMENT. SENATOR FROM SOUTHERN FAIRFAX COUNTY, SENATOR BARKER. MR. PRESIDENT, I MOVE THAT WE CONCUR WITH THE HOUSE AMENDMENT. THIS IS A BILL THAT DEALS WITH THE DETENTION AND COMMITMENT PROCESS FOR THOSE PEOPLE IN MENTAL HEALTH SITUATIONS. IT WAS THE RECOMMENDATION OF THE LEGISLATIVE SUBCOMMITTEE DEALING WITH MENTAL HEALTH SERVICES IN THE 21st CENTURY, THERE ARE THREE AMENDMENTS, TWO ARE SIMPLY LANGUAGE LINE AMENDMENTS AND THE OTHER ONE SIMPLY ADDS LAW ENFORCEMENT OR THE DESIGNEE OF THE LAW ENFORCEMENT ENTITY, SO I HOPE IT WOULD BE THE PLEASURE OF THE BODY TO ADOPT THE AMENDMENT.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS SHALL THE SENATE CONCUR WITH THE HOUSE RECORD THEIR VOTES AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 34, NOS 5. AYES 34, NOS 5. THE SENATE CONCURS WITH THE HOUSE AMENDMENT. SENATE BILL 590 PASSED THE HOUSE WITH AMENDMENT. SENATOR FROM ROCKINGHAM, SENATOR OBENSHAIN. MR. PRESIDENT, I MOVE THAT

Duplicate Bills

The following bills are identical to this one: HB1110.