Temporary detention; observation, testing, or treatment. (SB738)
Introduced By
Sen. Creigh Deeds (D-Charlottesville)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
✓ |
Signed by Governor |
✓ |
Became Law |
Description
Temporary detention for observation and treatment. Clarifies that a person can be subject to a temporary detention order for observation and treatment related to intoxication where the person is located, upon a finding that (i) probable cause exists to believe the person is incapable of making or communicating an informed decision regarding treatment due to intoxication and (ii) the medical standard of care calls for observation, testing, or treatment within the next 24 hours to prevent injury, disability, death, or other harm to the individual resulting from such intoxication. The bill limits the duration of such temporary detention to 24 hours. The bill provides that a person subject to emergency custody due to a mental illness shall remain in custody until (a) a temporary detention order is issued in accordance with § 37.2-809; (b) an order for temporary detention for observation, testing, or treatment is entered in accordance with § 37.2-1104, ending law-enforcement custody; (c) the person is released; or (d) the emergency custody order expires. The bill directs the Department of Behavioral Health and Developmental Services to convene a work group to develop standard policies and procedures regarding medical temporary detention orders. This bill is identical to HB 1452. Read the Bill »
Outcome
History
Date | Action |
---|---|
01/08/2020 | Prefiled and ordered printed; offered 01/08/20 20105059D |
01/08/2020 | Referred to Committee on Education and Health |
01/17/2020 | Assigned Education sub: Health |
01/27/2020 | Impact statement from DPB (SB738) |
01/30/2020 | Reported from Education and Health with substitute (15-Y 0-N) (see vote tally) |
01/30/2020 | Committee substitute printed 20106084D-S1 |
01/30/2020 | Rereferred to Finance and Appropriations |
02/04/2020 | Reported from Finance and Appropriations (16-Y 0-N) (see vote tally) |
02/05/2020 | Impact statement from DPB (SB738S1) |
02/05/2020 | Constitutional reading dispensed (40-Y 0-N) (see vote tally) |
02/06/2020 | Read second time |
02/06/2020 | Reading of substitute waived |
02/06/2020 | Committee substitute agreed to 20106084D-S1 |
02/06/2020 | Engrossed by Senate - committee substitute SB738S1 |
02/06/2020 | Constitutional reading dispensed (40-Y 0-N) (see vote tally) |
02/06/2020 | Read third time and passed Senate (40-Y 0-N) (see vote tally) |
02/13/2020 | Placed on Calendar |
02/13/2020 | Read first time |
02/13/2020 | Referred to Committee on Health, Welfare and Institutions |
02/18/2020 | Reported from Health, Welfare and Institutions (22-Y 0-N) (see vote tally) |
02/20/2020 | Read second time |
02/21/2020 | Read third time |
02/21/2020 | Passed House BLOCK VOTE (98-Y 0-N) |
02/21/2020 | VOTE: Block Vote Passage (98-Y 0-N) (see vote tally) |
02/26/2020 | Enrolled |
02/26/2020 | Bill text as passed Senate and House (SB738ER) |
02/27/2020 | Signed by President |
02/27/2020 | Signed by Speaker |
02/28/2020 | Impact statement from DPB (SB738ER) |
03/04/2020 | G Governor's Action Deadline 11:59 p.m., April 6, 2020 |
03/04/2020 | Enrolled Bill Communicated to Governor on March 4, 2020 |
03/04/2020 | G Governor's Action Deadline 11:59 p.m., March 11, 2020 |
03/10/2020 | Governor's recommendation received by Senate |
04/22/2020 | Senate concurred in Governor's recommendation (39-Y 1-N) (see vote tally) |
04/22/2020 | House concurred in Governor's recommendation (92-Y 0-N) |
04/22/2020 | VOTE: (92-Y 0-N) |
04/22/2020 | G Governor's recommendation adopted |
04/22/2020 | Reenrolled |
04/22/2020 | Reenrolled bill text (SB738ER2) |
04/22/2020 | Signed by President as reenrolled |
04/22/2020 | Signed by Speaker as reenrolled |
04/22/2020 | Enacted, Chapter 1267 (effective 7/1/20) |
04/22/2020 | G Acts of Assembly Chapter text (CHAP1267) |
05/01/2020 | VOTE: (92-Y 0-N) |
Comments
Who is supposed to wait with these people while we wait for them to sober up? Police? Sheriff's deputies? Are you going to fund additional officers for localities to do this? How do you expect a department of two or three officers to maintain custody for twenty-four hours?
Don't' drunk people usually talk about suicide and then change their minds once sober? Yes, they do. This bill does nothing but increase the risk to officers and ER staff. We all know how much drunks like to be with law enforcement. You will end up with drunks assaulting staff in the ER and going to jail anyway.