Prisoners; medical and mental health treatment of those incapable of giving consent. (HB934)

Introduced By

Del. Patrick Hope (D-Arlington)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Medical and mental health treatment of prisoners incapable of giving consent. Establishes a process for the sheriff or administrator in charge of a local or regional correctional facility to petition a court to authorize medical or mental health treatment for a prisoner in such facility who is incapable of giving informed consent for such treatment. The process parallels the existing process for the Director of the Department of Corrections to seek authorization to provide involuntary treatment to prisoners in state correctional facilities. The bill provides that the treatment ordered may be provided within a local or regional correctional facility if such facility is licensed to provide such treatment. If statutory procedures are followed, the service provider does not have liability based on lack of consent or lack of capacity to consent unless there is injury or death resulting from gross negligence or willful and wanton misconduct. Read the Bill »


03/10/2018: failed house


01/09/2018Prefiled and ordered printed; offered 01/10/18 18102531D
01/09/2018Referred to Committee for Courts of Justice
01/16/2018Assigned Courts sub: Subcommittee #1
01/23/2018Assigned Courts sub: Subcommittee #2
01/24/2018Subcommittee recommends reporting with amendments (8-Y 0-N)
01/29/2018Impact statement from DPB (HB934)
01/29/2018Reported from Courts of Justice with amendments (18-Y 0-N) (see vote tally)
01/31/2018Read first time
02/01/2018Read second time
02/01/2018Committee amendments agreed to
02/01/2018Engrossed by House as amended HB934E
02/01/2018Printed as engrossed 18102531D-E
02/02/2018Read third time and passed House (96-Y 0-N 1-A)
02/02/2018VOTE: PASSAGE (96-Y 0-N 1-A) (see vote tally)
02/05/2018Constitutional reading dispensed
02/05/2018Referred to Committee for Courts of Justice
02/12/2018Rereferred from Courts of Justice (15-Y 0-N) (see vote tally)
02/12/2018Rereferred to Rehabilitation and Social Services
02/12/2018Impact statement from DPB (HB934E)
02/16/2018Reported from Rehabilitation and Social Services with amendments (14-Y 1-N) (see vote tally)
02/16/2018Rereferred to Finance
02/28/2018Reported from Finance with substitute (16-Y 0-N) (see vote tally)
02/28/2018Committee substitute printed 18107816D-S1
03/01/2018Impact statement from DPB (HB934S1)
03/01/2018Constitutional reading dispensed (40-Y 0-N) (see vote tally)
03/02/2018Passed by for the day
03/05/2018Read third time
03/05/2018Committee amendments rejected
03/05/2018Reading of substitute waived
03/05/2018Committee substitute agreed to 18107816D-S1
03/05/2018Engrossed by Senate - committee substitute HB934S1
03/05/2018Passed Senate with substitute (40-Y 0-N) (see vote tally)
03/06/2018Placed on Calendar
03/06/2018Senate substitute rejected by House 18107816D-S1 (0-Y 94-N 1-A)
03/06/2018VOTE: REJECTED (0-Y 94-N 1-A) (see vote tally)
03/07/2018Senate insisted on substitute (39-Y 0-N) (see vote tally)
03/07/2018Senate requested conference committee
03/08/2018House acceded to request
03/08/2018Conferees appointed by House
03/08/2018Delegates: Hope, Habeeb, Campbell
03/08/2018Conferees appointed by Senate
03/08/2018Senators: Dunnavant, Newman, Barker
03/10/2018Failed to pass in House
03/10/2018No further action taken
03/10/2018Failed to pass


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 51 seconds.

Duplicate Bills

The following bills are identical to this one: SB296.