Fabio
107 lines
8.2 KiB
Markdown
107 lines
8.2 KiB
Markdown
---
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type: "Bill"
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title: "Hospitals; temporary detention for testing, observation, or treatment."
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description: "Temporary detention in hospital for testing, observation, or treatment. Provides that while seeking the issuance of an order for temporary detention in a hospital for testing, observation, or treatment, or an extension of such order, the person who would be subject to such order and is currently subject to an order issued pursuant to current law shall remain in the custody of the facility where he is located for up to two hours, and any security personnel shall ensure that such person does not leave the facility while such person is unable to provide informed consent. The bill states that the person shall be permitted to leave the facility if (i) such order is not issued; (ii) the physician determines the person does not meet the requirements for temporary detention; or (iii) the person's guardian or person legally authorized to make an informed decision on his behalf refuses to consent to continued detention, testing, observation, or treatment. The bill also provides that any licensed health professional, licensed hospital, including a hospital licensed by the Department of Health pursuant to relevant law, or security personnel assisting a licensed health professional shall have no liability arising out of a claim to the extent the claim is based on a lack of consent to the detention of a person when such professional or hospital is seeking the court's or magistrate's authorization for such detention."
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jurisdiction: "us/states/va"
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legislature: "Virginia General Assembly"
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session: "2026"
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identifier: "HB 309"
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citation: "Virginia HB 309 (2026)"
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classification: ["bill"]
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subjects: []
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status: "enacted"
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primary_sponsors: ["Patrick A. Hope"]
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version_count: 7
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action_count: 36
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vote_count: 9
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first_action: "2026-01-09"
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last_action: "2026-04-13"
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source: "openstates"
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source_identifier: "ocd-bill/7c42ba48-c693-4fb8-8a29-dfa244bdd29e"
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source_url: "https://lis.virginia.gov/bill-details/20261/HB309"
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source_hash: "43eb5db1b89ab061c51ac1bce6e9c08292544873e1ac2b076190440e8bdc8c63"
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vintage: "2026-07-01"
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source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
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retrieved_at: "2026-07-06"
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confidence: "reported"
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tags: ["legislation", "bill", "us-va"]
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---
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# Virginia HB 309 (2026) — Hospitals; temporary detention for testing, observation, or treatment.
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Temporary detention in hospital for testing, observation, or treatment. Provides that while seeking the issuance of an order for temporary detention in a hospital for testing, observation, or treatment, or an extension of such order, the person who would be subject to such order and is currently subject to an order issued pursuant to current law shall remain in the custody of the facility where he is located for up to two hours, and any security personnel shall ensure that such person does not leave the facility while such person is unable to provide informed consent. The bill states that the person shall be permitted to leave the facility if (i) such order is not issued; (ii) the physician determines the person does not meet the requirements for temporary detention; or (iii) the person's guardian or person legally authorized to make an informed decision on his behalf refuses to consent to continued detention, testing, observation, or treatment. The bill also provides that any licensed health professional, licensed hospital, including a hospital licensed by the Department of Health pursuant to relevant law, or security personnel assisting a licensed health professional shall have no liability arising out of a claim to the extent the claim is based on a lack of consent to the detention of a person when such professional or hospital is seeking the court's or magistrate's authorization for such detention.
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## Version chain
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The bill's text revisions, in order — the diff chain from filing to enrollment.
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1. **Introduced** (filed) — [source](https://lis.blob.core.windows.net/files/1083785.PDF)
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2. **Behavioral Health Subcommittee Substitute** (committee substitute) — [source](https://lis.blob.core.windows.net/files/1101413.PDF)
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3. **Chaptered** (committee substitute) — [source](https://lis.blob.core.windows.net/files/1218947.PDF)
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4. **Courts of Justice Amendment** (committee substitute) — [source](https://lis.blob.core.windows.net/files/1190888.HTML)
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5. **Health and Human Services Substitute** (committee substitute) — [source](https://lis.blob.core.windows.net/files/1113840.PDF)
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6. **Senate Amendments** (committee substitute) — [source](https://lis.blob.core.windows.net/files/1194492.HTML)
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7. **Enrolled** (enrolled) — [source](https://lis.blob.core.windows.net/files/1203564.PDF)
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## Votes
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- Constitutional reading dispensed (on 2nd reading) — **40–0** (pass) · upper
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- Rereferred from Education and Health — **14–0** (pass) · upper
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- Reported from Courts of Justice with substitute — **8–6** (pass) · upper
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- Reported from Courts of Justice with amendments — **15–0** (pass) · upper
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- Reported from Health and Human Services with substitute — **22–0** (pass) · lower
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- Passage R — **40–0** (pass) · upper
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- H VOTE: — **97–0** (pass) · lower
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- H VOTE: — **98–0** (pass) · lower
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- Subcommittee recommends reporting with substitute — **8–0** (pass) · lower
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## Sponsors
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- Patrick A. Hope — primary (person)
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## Timeline
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The legislative action history — every referral, reading, and vote.
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- **2026-01-09** Prefiled and ordered printed; Offered 01-14-2026 26102967D `filing, introduction`
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- **2026-01-09** Referred to Committee on Health and Human Services `referral-committee`
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- **2026-01-16** Assigned sub: Behavioral Health `referral-committee`
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- **2026-01-27** Fiscal Impact Statement from Department of Planning and Budget (HB309)
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- **2026-01-29** House subcommittee offered
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- **2026-01-29** Subcommittee recommends reporting with substitute (8-Y 0-N) `substitution`
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- **2026-02-03** Reported from Health and Human Services with substitute (22-Y 0-N) `committee-passage`
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- **2026-02-03** Committee substitute printed 26106522D-H1 `substitution`
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- **2026-02-04** Fiscal Impact Statement from Department of Planning and Budget (HB309)
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- **2026-02-05** Read first time `reading-1`
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- **2026-02-06** Read second time `reading-2`
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- **2026-02-06** committee substitute agreed to `substitution`
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- **2026-02-06** Engrossed by House - committee substitute `substitution`
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- **2026-02-09** Read third time and passed House (98-Y 0-N 0-A) `passage, reading-3`
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- **2026-02-10** Constitutional reading dispensed (on 1st reading)
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- **2026-02-10** Referred to Committee on Education and Health `referral-committee`
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- **2026-02-19** Rereferred from Education and Health to Courts of Justice (14-Y 0-N) `referral-committee`
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- **2026-03-02** Senate committee offered
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- **2026-03-02** Reported from Courts of Justice with amendments (15-Y 0-N) `committee-passage`
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- **2026-03-03** Rules suspended
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- **2026-03-03** Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)
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- **2026-03-03** Passed by for the day Block Vote (Voice Vote)
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- **2026-03-04** Read third time `reading-3`
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- **2026-03-04** Courts of Justice Amendments agreed to `amendment-passage`
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- **2026-03-04** Engrossed by Senate as amended
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- **2026-03-04** Passed Senate with amendments Block Vote (40-Y 0-N 0-A) `passage`
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- **2026-03-06** Senate amendments agreed to by House (97-Y 0-N 0-A) `amendment-passage`
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- **2026-03-13** Enrolled `enrolled`
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- **2026-03-13** Bill text as passed House and Senate (HB309ER) `passage`
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- **2026-03-13** Fiscal Impact Statement from Department of Planning and Budget (HB309)
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- **2026-03-13** Signed by Speaker `passage`
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- **2026-03-13** Signed by President `passage`
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- **2026-03-14** Enrolled Bill communicated to Governor on March 14, 2026 `enrolled, executive-receipt`
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- **2026-03-14** Governor's Action Deadline 11:59 p.m., April 13, 2026 `executive-receipt`
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- **2026-04-13** Approved by Governor-Chapter 588 (effective 7/1/2026) `executive-signature`
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- **2026-04-13** Acts of Assembly Chapter text (CHAP0588)
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## Source
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OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/7c42ba48-c693-4fb8-8a29-dfa244bdd29e`. Confidence: reported (aggregated from official Virginia legislature records).
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