Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
7.7 KiB
type, title, description, jurisdiction, legislature, session, identifier, citation, classification, subjects, status, primary_sponsors, version_count, action_count, vote_count, first_action, last_action, source, source_identifier, source_url, source_hash, vintage, source_snapshot, retrieved_at, confidence, tags
| type | title | description | jurisdiction | legislature | session | identifier | citation | classification | subjects | status | primary_sponsors | version_count | action_count | vote_count | first_action | last_action | source | source_identifier | source_url | source_hash | vintage | source_snapshot | retrieved_at | confidence | tags | |||||
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| Bill | Temporary detention; observation, testing, or treatment. | 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. | us/states/va | Virginia General Assembly | 2020 | SB 738 | Virginia SB 738 (2020) |
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enacted |
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5 | 40 | 9 | 2020-01-08 | 2020-04-22 | openstates | ocd-bill/9a4b691b-30cd-4377-be69-34daae9b9e57 | https://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+SB738 | adcac4cf02b48ca7fbafcf2cb331aeb3c14a087e231b54e9872e75e4465b4840 | 2026-07-01 | https://data.openstates.org/daily/2026-07-01/public.pgdump | 2026-07-06 | reported |
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Virginia SB 738 (2020) — Temporary detention; observation, testing, or treatment.
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.
Version chain
The bill's text revisions, in order — the diff chain from filing to enrollment.
- Acts of Assembly Chapter text (CHAP1267) (committee substitute) — source
- Bill text as passed Senate and House (SB738ER) (committee substitute) — source
- Impact statement from DPB (SB738) (committee substitute) — source
- Impact statement from DPB (SB738S1) (committee substitute) — source
- Reenrolled bill text (SB738ER2) (committee substitute) — source
Votes
- Reported from Finance and Appropriations (16-Y 0-N) — 16–0 (pass) · upper
- Constitutional reading dispensed (40-Y 0-N) — 40–0 (pass) · upper
- Read third time and passed Senate (40-Y 0-N) — 40–0 (pass) · upper
- Senate concurred in Governor's recommendation (39-Y 1-N) — 39–1 (pass) · upper
- VOTE: Block Vote Passage (98-Y 0-N) — 97–0 (pass) · lower
- Constitutional reading dispensed (40-Y 0-N) — 40–0 (pass) · upper
- Reported from Education and Health with substitute (15-Y 0-N) — 15–0 (pass) · upper
- Reported from Health, Welfare and Institutions (22-Y 0-N) — 22–0 (pass) · lower
- VOTE: (92-Y 0-N) — 91–0 (pass) · lower
Sponsors
- R. Creigh Deeds — primary (person)
Timeline
The legislative action history — every referral, reading, and vote.
- 2020-01-08 Prefiled and ordered printed; offered 01/08/20 20105059D
introduction - 2020-01-08 Referred to Committee on Education and Health
referral-committee - 2020-01-17 Assigned Education sub: Health
referral-committee - 2020-01-27 Impact statement from DPB (SB738)
- 2020-01-30 Reported from Education and Health with substitute (15-Y 0-N)
committee-passage - 2020-01-30 Committee substitute printed 20106084D-S1
substitution - 2020-01-30 Rereferred to Finance and Appropriations
referral-committee - 2020-02-04 Reported from Finance and Appropriations (16-Y 0-N)
committee-passage - 2020-02-05 Impact statement from DPB (SB738S1)
- 2020-02-05 Constitutional reading dispensed (40-Y 0-N)
- 2020-02-06 Read second time
reading-2 - 2020-02-06 Reading of substitute waived
- 2020-02-06 Committee substitute agreed to 20106084D-S1
- 2020-02-06 Engrossed by Senate - committee substitute SB738S1
- 2020-02-06 Constitutional reading dispensed (40-Y 0-N)
- 2020-02-06 Read third time and passed Senate (40-Y 0-N)
passage, reading-3 - 2020-02-13 Placed on Calendar
- 2020-02-13 Read first time
reading-1 - 2020-02-13 Referred to Committee on Health, Welfare and Institutions
referral-committee - 2020-02-18 Reported from Health, Welfare and Institutions (22-Y 0-N)
committee-passage - 2020-02-20 Read second time
reading-2 - 2020-02-21 Read third time
reading-3 - 2020-02-21 Passed House BLOCK VOTE (98-Y 0-N)
passage - 2020-02-21 VOTE: Block Vote Passage (98-Y 0-N)
- 2020-02-26 Enrolled
- 2020-02-27 Signed by President
- 2020-02-27 Signed by Speaker
- 2020-02-28 Impact statement from DPB (SB738ER)
- 2020-03-04 Enrolled Bill Communicated to Governor on March 4, 2020
- 2020-03-04 Governor's Action Deadline 11:59 p.m., March 11, 2020
- 2020-03-10 Governor's recommendation received by Senate
- 2020-04-22 Senate concurred in Governor's recommendation (39-Y 1-N)
- 2020-04-22 House concurred in Governor's recommendation (92-Y 0-N)
- 2020-04-22 VOTE: (92-Y 0-N)
- 2020-04-22 Governor's recommendation adopted
- 2020-04-22 Reenrolled
- 2020-04-22 Reenrolled bill text (SB738ER2)
- 2020-04-22 Signed by President as reenrolled
- 2020-04-22 Signed by Speaker as reenrolled
- 2020-04-22 Enacted, Chapter 1267 (effective 7/1/20)
became-law
Source
OpenStates / OpenCivicData bulk snapshot 2026-07-01; origin ocd-bill/9a4b691b-30cd-4377-be69-34daae9b9e57. Confidence: reported (aggregated from official Virginia legislature records).