SB 738 — Temporary detention; observation, testing, or treatment.
Last action — Enacted, Chapter 1267 (effective 7/1/20)
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House of Delegates
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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 9 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 HB 1452.
Bill Text
What changed in the latest version
18 added · 25 removedPlain-language change summary
The updated version of SB 738 includes changes that allow for the electronic delivery and return of emergency custody orders between law enforcement and the court, making the process more efficient. Additionally, it clarifies that community services boards must be notified as soon as possible after a person is taken into custody under certain conditions. These changes are important because they aim to streamline emergency procedures and ensure timely evaluations for individuals in crisis, improving their access to necessary services.
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SESSION history | hilite | pdf | print version CHAPTERVIRGINIA 1267ACTS 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.
[S 738] Approved April 22, 2020 Be it enacted by the General Assembly of Virginia:
View plain text versions (5)
- Enrolled Reenrolled bill text (SB738ER2) html April 22, 2020
- Acts of Assembly Chapter text (CHAP1267) View text Current html April 22, 2020
- Bill text as passed Senate and House (SB738ER) View text html February 26, 2020
- Impact statement from DPB (SB738S1) View text html January 30, 2020
- Impact statement from DPB (SB738) View text html January 08, 2020
Action History
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Enacted, Chapter 1267 (effective 7/1/20)
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Signed by Speaker as reenrolled
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Signed by President as reenrolled
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Reenrolled bill text (SB738ER2)
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Reenrolled
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Governor's recommendation adopted
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VOTE: (92-Y 0-N)
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House concurred in Governor's recommendation (92-Y 0-N)
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Senate concurred in Governor's recommendation (39-Y 1-N)
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Governor's recommendation received by Senate
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Governor's Action Deadline 11:59 p.m., March 11, 2020
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Enrolled Bill Communicated to Governor on March 4, 2020
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Impact statement from DPB (SB738ER)
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Signed by Speaker
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Signed by President
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Enrolled
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VOTE: Block Vote Passage (98-Y 0-N)
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Passed House BLOCK VOTE (98-Y 0-N)
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Read third time
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Read second time
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Reported from Health, Welfare and Institutions (22-Y 0-N)
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Referred to Committee on Health, Welfare and Institutions
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Read first time
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Placed on Calendar
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Read third time and passed Senate (40-Y 0-N)
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Constitutional reading dispensed (40-Y 0-N)
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Engrossed by Senate - committee substitute SB738S1
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Committee substitute agreed to 20106084D-S1
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Reading of substitute waived
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Read second time
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Constitutional reading dispensed (40-Y 0-N)
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Impact statement from DPB (SB738S1)
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Reported from Finance and Appropriations (16-Y 0-N)
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Rereferred to Finance and Appropriations
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Committee substitute printed 20106084D-S1
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Reported from Education and Health with substitute (15-Y 0-N)
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Impact statement from DPB (SB738)
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Assigned Education sub: Health
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Referred to Committee on Education and Health
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Prefiled and ordered printed; offered 01/08/20 20105059D
Sponsors
- R. Creigh Deeds · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on · 1 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 | 39 | 1 | 0 | 0 |
| Total | 39 | 1 | 0 | 0 |
| % of votes cast | 98% | 3% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 91 | 0 | 0 | 8 |
| Total | 91 | 0 | 0 | 8 |
| % of votes cast | 92% | 0% | 0% | 8% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 97 | 0 | 0 | 2 |
| Total | 97 | 0 | 0 | 2 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (99)
| 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 | 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 | 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 | 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 | 16 | 0 | 0 | 0 |
| Total | 16 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (16)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Barker, George L. | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Edwards, John S. | — | Yea |
| Hanger, Emmett W., Jr. | — | Yea |
| Howell, Janet D. | — | Yea |
| L. Louise Lucas | — | Yea |
| Mamie E. Locke | — | Yea |
| Newman, Stephen D. | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Yea |
| Ruff, Frank M., Jr. | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Vogel, Jill Holtzman | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 0 | 0 | 0 |
| Total | 15 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Chafin, A. Benton "Ben" | — | Yea |
| Barker, George L. | — | Yea |
| Cosgrove, John A., Jr. | — | Yea |
| David R. Suetterlein | — | 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 |
Subjects
Frequently asked questions
- What does SB 738 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 HB 1452.
- Who sponsors SB 738?
- SB 738 is sponsored by R. Creigh Deeds.
- What is the current status of SB 738?
- This bill has been enacted into law. Introduced January 08, 2020. Enacted.
- Where can I track SB 738?
- Track SB 738 free on One Click Politics — get push/email alerts when it moves.
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