Temporary detention; observation, testing, or treatment. (HB1452)

Introduced By

Del. Patrick Hope (D-Arlington)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


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 SB 738. Read the Bill »


Bill Has Passed


01/08/2020Prefiled and ordered printed; offered 01/08/20 20105329D
01/08/2020Referred to Committee on Health, Welfare and Institutions
01/17/2020Assigned HWI sub: Behavioral Health
01/27/2020Impact statement from DPB (HB1452)
02/03/2020House committee, floor amendments and substitutes offered
02/03/2020Subcommittee recommends reporting with substitute (6-Y 0-N)
02/03/2020Subcommittee recommends referring to Committee on Appropriations
02/04/2020Committee substitute printed 20107324D-H1
02/04/2020Assigned App. sub: Health & Human Resources
02/04/2020Reported from Health, Welfare and Institutions with substitute (22-Y 0-N) (see vote tally)
02/04/2020Referred to Committee on Appropriations
02/05/2020Subcommittee recommends reporting (8-Y 0-N)
02/05/2020Impact statement from DPB (HB1452H1)
02/05/2020Reported from Appropriations (20-Y 1-N) (see vote tally)
02/06/2020Read first time
02/07/2020Read second time
02/07/2020Committee substitute agreed to 20107324D-H1
02/07/2020Engrossed by House - committee substitute HB1452H1
02/10/2020Read third time and passed House (96-Y 0-N)
02/10/2020VOTE: Passage (96-Y 0-N) (see vote tally)
02/11/2020Constitutional reading dispensed
02/11/2020Referred to Committee on Education and Health
02/20/2020Reported from Education and Health (13-Y 0-N) (see vote tally)
02/21/2020Constitutional reading dispensed (32-Y 0-N) (see vote tally)
02/24/2020Read third time
02/24/2020Passed Senate (40-Y 0-N) (see vote tally)
02/28/2020Bill text as passed House and Senate (HB1452ER)
02/28/2020Impact statement from DPB (HB1452ER)
02/28/2020Signed by Speaker
03/02/2020Signed by President
03/11/2020Enrolled Bill communicated to Governor on March 11, 2020
03/11/2020G Governor's Action Deadline 11:59 p.m., April 11, 2020
03/18/2020Governor's recommendation received by House
04/22/2020VOTE: (95-Y 0-N)
04/22/2020Placed on Calendar
04/22/2020House concurred in Governor's recommendation BLOCK VOTE (95-Y 0-N)
04/22/2020Reconsideration of Governor's recommendation agreed to (38-Y 1-N) (see vote tally)
04/22/2020Senate concurred in Governor's recommendation (40-Y 0-N) (see vote tally)
04/22/2020G Governor's recommendation adopted
04/22/2020Reenrolled bill text (HB1452ER2)
04/22/2020Signed by Speaker as reenrolled
04/22/2020Signed by President as reenrolled
04/22/2020Enacted, Chapter 1233 (effective 7/1/20)
04/22/2020G Acts of Assembly Chapter text (CHAP1233)
05/01/2020VOTE: (95-Y 0-N)