HB 1452 — Temporary detention; observation, testing, or treatment.
Last action — Enacted, Chapter 1233 (effective 7/1/20)
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✓Introduced
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✓In Committee
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✓Passed House of Delegates
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 08, 2020. Enacted.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Cleared a recorded vote
Passed 11 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
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.
Bill Text
What changed in the latest version
2 added · 9 removedPlain-language change summary
The revised version of Bill HB 1452 includes a new heading indicating that it is part of the Virginia Acts of Assembly. It removes a list of previous sessions and chapter references that were not necessary for the current bill. This change simplifies the document, making it clearer and more focused on the current legislative content, which helps everyone understand what is being proposed without distractions from outdated information.
Code of Virginia Administrative Code Bills & Resolutions Summaries OTHER SESSIONS - - - - - - - - - - - - - - Session Session Special Session I Session Special Session I Special Session II Session Special Session I Session Special Session I Session Special Session I Special Session II Session Session Session Special Session I Session Special Session I Session Special Session I Session Special Session I Session Special Session I Session Session Special Session I Session Special Session I Special Session II Session Session Special Session I Session Session Special Session I Special Session II Session Session Session Special Session I Session Session Session Special Session I Session Session Session Session Special Session I Special Session II VIRGINIA LAW PORTALCode of VirginiaVirginia Administrative Code Constitution of VirginiaChartersAuthoritiesCompacts Uncodified ActsRIS Users (account required) SEARCHABLE DATABASESBills & Resolutionssession legislationBill Summariessession summaries Reports to the General AssemblyHouse and Senate documents Legislative LiaisonsState agency contactsACROSS SESSIONS Subject Index:
SESSION history | hilite | pdf | print version CHAPTERVIRGINIA 1233ACTS OF ASSEMBLY -- CHAPTER An Act to amend and reenact §§ 37.2-808 and 37.2-1104 of the Code of Virginia, relating to temporary detention for observation and treatment.
[H 1452] Approved April 22, 2020 Be it enacted by the General Assembly of Virginia:
View plain text versions (5)
- Enrolled Reenrolled bill text (HB1452ER2) html April 22, 2020
- Acts of Assembly Chapter text (CHAP1233) View text Current html April 22, 2020
- Bill text as passed House and Senate (HB1452ER) View text html February 28, 2020
- Impact statement from DPB (HB1452H1) View text html February 04, 2020
- Impact statement from DPB (HB1452) View text html January 08, 2020
Action History
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Enacted, Chapter 1233 (effective 7/1/20)
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Signed by President as reenrolled
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Signed by Speaker as reenrolled
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Reenrolled bill text (HB1452ER2)
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Reenrolled
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Governor's recommendation adopted
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Senate concurred in Governor's recommendation (40-Y 0-N)
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Reconsideration of Governor's recommendation agreed to (38-Y 1-N)
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Senate concurred in Governor's recommendation (40-Y 0-N)
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VOTE: (95-Y 0-N)
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House concurred in Governor's recommendation BLOCK VOTE (95-Y 0-N)
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Placed on Calendar
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Governor's recommendation received by House
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Governor's Action Deadline 11:59 p.m., April 11, 2020
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Enrolled Bill communicated to Governor on March 11, 2020
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Signed by President
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Signed by Speaker
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Impact statement from DPB (HB1452ER)
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Enrolled
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Passed Senate (40-Y 0-N)
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Read third time
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Constitutional reading dispensed (32-Y 0-N)
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Reported from Education and Health (13-Y 0-N)
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Referred to Committee on Education and Health
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Constitutional reading dispensed
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VOTE: Passage (96-Y 0-N)
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Read third time and passed House (96-Y 0-N)
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Engrossed by House - committee substitute HB1452H1
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Committee substitute agreed to 20107324D-H1
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Read second time
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Read first time
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Reported from Appropriations (20-Y 1-N)
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Impact statement from DPB (HB1452H1)
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Subcommittee recommends reporting (8-Y 0-N)
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Referred to Committee on Appropriations
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Reported from Health, Welfare and Institutions with substitute (22-Y 0-N)
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Assigned App. sub: Health & Human Resources
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Committee substitute printed 20107324D-H1
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Subcommittee recommends referring to Committee on Appropriations
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Subcommittee recommends reporting with substitute (6-Y 0-N)
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House committee, floor amendments and substitutes offered
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Impact statement from DPB (HB1452)
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Assigned HWI sub: Behavioral Health
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Referred to Committee on Health, Welfare and Institutions
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Prefiled and ordered printed; offered 01/08/20 20105329D
Sponsors
- Patrick A. Hope · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on · 2 voted No
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (147)
147 members have not signed on to this bill.
Show all 147 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 94 | 0 | 0 | 5 |
| Total | 94 | 0 | 0 | 5 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 38 | 1 | 0 | 1 |
| Total | 38 | 1 | 0 | 1 |
| % of votes cast | 95% | 3% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 32 | 0 | 0 | 8 |
| Total | 32 | 0 | 0 | 8 |
| % of votes cast | 80% | 0% | 0% | 20% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 13 | 0 | 0 | 0 |
| Total | 13 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (13)
| Member | Party | Vote |
|---|---|---|
| Barker, George L. | — | Yea |
| Cosgrove, John A., Jr. | — | Yea |
| Dunnavant, Siobhan S. | — | Yea |
| Edwards, John S. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| Howell, Janet D. | — | Yea |
| L. Louise Lucas | — | Yea |
| Lewis, Lynwood W., Jr. | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark J. Peake | — | Yea |
| Newman, Stephen D. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 95 | 0 | 0 | 4 |
| Total | 95 | 0 | 0 | 4 |
| % of votes cast | 96% | 0% | 0% | 4% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 0 | 0 | 1 |
| Total | 8 | 0 | 0 | 1 |
| % of votes cast | 89% | 0% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Brewer, Emily M. | — | Yea |
| Betsy B. Carr | — | Yea |
| C.E. Cliff Hayes, Jr. | — | Yea |
| Cox, M. Kirkland | — | Yea |
| Fariss, C. Matthew | — | Yea |
| Jones, Jerrauld C. "Jay" | — | Yea |
| Luke E. Torian | — | Not Voting |
| Paul E. Krizek | — | Yea |
| Sickles, Mark D. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 20 | 1 | 0 | 1 |
| Total | 20 | 1 | 0 | 1 |
| % of votes cast | 91% | 5% | 0% | 5% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Brewer, Emily M. | — | Yea |
| Aird, Lashrecse D. | — | Yea |
| Betsy B. Carr | — | Yea |
| Bulova, David L. | — | Yea |
| C.E. Cliff Hayes, Jr. | — | Yea |
| Cox, M. Kirkland | — | Yea |
| David A. Reid | — | Yea |
| Davis, Glenn R. | — | Not Voting |
| Delores L. McQuinn | — | Yea |
| Fariss, C. Matthew | — | Nay |
| Hurst, Chris L. | — | Yea |
| James W. Morefield | — | Yea |
| Jones, Jerrauld C. "Jay" | — | Yea |
| Knight, Barry D. | — | Yea |
| Luke E. Torian | — | Yea |
| Paul E. Krizek | — | Yea |
| Plum, Kenneth R. | — | Yea |
| Robert S. Bloxom, Jr. | — | Yea |
| Rush, Nick | — | Yea |
| Sickles, Mark D. | — | Yea |
| Terry L. Austin | — | Yea |
| Tyler, Roslyn C. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 22 | 0 | 0 | 0 |
| Total | 22 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Adams, Dawn M. | — | Yea |
| Aird, Lashrecse D. | — | Yea |
| Avoli, G. "John" | — | Yea |
| Bell, Robert B. | — | Yea |
| C.E. Cliff Hayes, Jr. | — | Yea |
| Christopher T. Head | — | Yea |
| Edmunds, James E., II | — | Yea |
| Fowler, Hyland F."Buddy," Jr. | — | Yea |
| Guzman, Elizabeth R. | — | Yea |
| Karrie K. Delaney | — | Yea |
| Kathy K.L. Tran | — | Yea |
| Levine, Mark H. | — | Yea |
| M. Keith Hodges | — | Yea |
| Marcia S. "Cia" Price | — | Yea |
| Orrock, Robert D., Sr. | — | Yea |
| Patrick A. Hope | — | Yea |
| Robinson, Roxann L. | — | Yea |
| Rodney T. Willett | — | Yea |
| Sam Rasoul | — | Yea |
| Samirah, Ibraheem S. | — | Yea |
| Sickles, Mark D. | — | Yea |
| Wendell S. Walker | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 0 | 0 | 1 |
| Total | 6 | 0 | 0 | 1 |
| % of votes cast | 86% | 0% | 0% | 14% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Bell, Robert B. | — | Yea |
| Christopher T. Head | — | Yea |
| Levine, Mark H. | — | Yea |
| Marcia S. "Cia" Price | — | Yea |
| Patrick A. Hope | — | Yea |
| Rodney T. Willett | — | Yea |
| Sickles, Mark D. | — | Not Voting |
Subjects
Frequently asked questions
- What does HB 1452 do?
- 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.
- Who sponsors HB 1452?
- HB 1452 is sponsored by Patrick A. Hope.
- What is the current status of HB 1452?
- This bill has been enacted into law. Introduced January 08, 2020. Enacted.
- Where can I track HB 1452?
- Track HB 1452 free on One Click Politics — get push/email alerts when it moves.
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