HB 331 — Incapacitated person; definition, particular diagnosis.
Last action — Passed by indefinitely in Judiciary (11-Y 4-N)
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✓Introduced
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✓In Committee
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3Passed House of Delegates
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2020 Regular Session. It reached “Passed House of Delegates” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Definition of incapacitated person; particulardiagnosis. Specifies that a particular diagnosis shall not alonebe sufficient evidence that an individual is an incapacitated personwithin the meaning of the definition of incapacitated person.
Bill Text
What changed in the latest version
23 added · 22 removedPlain-language change summary
The recent amendments to HB 331 clarify the definition of an "incapacitated person" in Virginia law by emphasizing that a specific clinical diagnosis is not enough on its own to determine if someone is incapacitated. This change aims to ensure that assessments of incapacity consider a broader context rather than relying solely on medical labels. This matters because it helps protect individuals' rights and ensures they are only deemed incapacitated when truly necessary, potentially allowing more people to retain their autonomy.
331 OfferedHouse JanuaryAmendments 8,in 2020[ Prefiled] January 1,February 5, 2020 A BILL to amend and reenact § 64.2-2000 of the Code of Virginia, relating to definition of incapacitated person;
particular [ clinical ] diagnosis.
---------- Patrons--Patron Hope,Prior Levineto andEngrossment--Delegate WattsHope ---------- Referred to Committee for Courts of Justice ---------- Be it enacted by the General Assembly of Virginia:
A finding that the individual has a particular [ clinical ] diagnosis shall not alone be sufficient evidence that the individual is an incapacitated person within the meaning of this definition.
View plain text versions (2)
- Amended Engrossed by House as amended HB331E Current html February 05, 2020
- Impact statement from DPB (HB331) View text html January 01, 2020
Action History
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Passed by indefinitely in Judiciary (11-Y 4-N)
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Referred to Committee on the Judiciary
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Constitutional reading dispensed
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VOTE: Block Vote Passage (99-Y 0-N)
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Read third time and passed House BLOCK VOTE (99-Y 0-N)
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Impact statement from DPB (HB331E)
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Printed as engrossed 20100657D-E
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Engrossed by House as amended HB331E
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Committee amendments agreed to
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Read second time
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Read first time
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Reported from Courts of Justice with amendments (19-Y 0-N)
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Subcommittee recommends reporting with amendment (8-Y 0-N)
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Impact statement from DPB (HB331)
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Referred to Committee for Courts of Justice
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Prefiled and ordered printed; offered 01/08/20 20100657D
Sponsors
- Patrick A. Hope · Primary
- Vivian E. Watts · Cosponsor
- Mark H. Levine · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 2 co-sponsors · 145 not signed on · 3 voted No
Sponsors (1)
Co-sponsors (2)
Not signed on (145)
145 members have not signed on to this bill.
Show all 145 →"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 | 11 | 4 | 0 | 0 |
| Total | 11 | 4 | 0 | 0 |
| % of votes cast | 73% | 27% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Nay |
| Chafin, A. Benton "Ben" | — | Yea |
| Morrissey, Joseph D. | — | Yea |
| Edwards, John S. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| L. Louise Lucas | — | Nay |
| Mark D. Obenshain | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Nay |
| Richard H. Stuart | — | Yea |
| Ryan T. McDougle | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Scott A. Surovell | — | Nay |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 98 | 0 | 0 | 1 |
| Total | 98 | 0 | 0 | 1 |
| % of votes cast | 99% | 0% | 0% | 1% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 19 | 0 | 0 | 3 |
| Total | 19 | 0 | 0 | 3 |
| % of votes cast | 86% | 0% | 0% | 14% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Lindsey, Joseph C. | — | Yea |
| Collins, Christopher E. | — | Yea |
| Adams, Les R. | — | Yea |
| Bell, Robert B. | — | Yea |
| Bourne, Jeffrey M. | — | Yea |
| Campbell, Jeffrey L. | — | Not Voting |
| Campbell, Ronnie R. | — | Yea |
| Carroll Foy, Jennifer D. | — | Yea |
| Charniele L. Herring | — | Yea |
| Don Scott | — | Yea |
| Heretick, Steve E. | — | Yea |
| James A. "Jay" Leftwich | — | Not Voting |
| Karrie K. Delaney | — | Yea |
| Levine, Mark H. | — | Yea |
| Marcus B. Simon | — | Yea |
| Miyares, Jason S. | — | Yea |
| Mullin, Michael P. | — | Yea |
| Patrick A. Hope | — | Yea |
| Ransone, Margaret B. | — | Not Voting |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Terry G. Kilgore | — | Yea |
| Vivian E. Watts | — | Yea |
| 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 |
|---|---|---|
| Bourne, Jeffrey M. | — | Yea |
| Charniele L. Herring | — | Not Voting |
| Heretick, Steve E. | — | Yea |
| James A. "Jay" Leftwich | — | Yea |
| Marcus B. Simon | — | Yea |
| Miyares, Jason S. | — | Yea |
| Patrick A. Hope | — | Yea |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Terry G. Kilgore | — | Yea |
Subjects
Frequently asked questions
- What does HB 331 do?
- Definition of incapacitated person; particulardiagnosis. Specifies that a particular diagnosis shall not alonebe sufficient evidence that an individual is an incapacitated personwithin the meaning of the definition of incapacitated person.
- Who sponsors HB 331?
- HB 331 is sponsored by Patrick A. Hope, Vivian E. Watts, and Levine, Mark H..
- What is the current status of HB 331?
- This bill died with 2020 Regular Session. It reached “Passed House of Delegates” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 331?
- Track HB 331 free on One Click Politics — get push/email alerts when it moves.
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