Fabio
134 lines
11 KiB
Markdown
134 lines
11 KiB
Markdown
---
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type: "Bill"
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title: "Emergency custody and temporary detention; transportation, transfer of custody, alternative custody."
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description: "Emergency custody and temporary detention; transportation; transfer of custody. Provides that, in cases in which transportation of a person subject to an emergency custody order is ordered to be provided by an alternative transportation provider, the primary law-enforcement agency that executes the order may transfer custody of the person to the alternative transportation provider immediately upon execution of the order, and the alternative transportation provider shall maintain custody of the person from the time custody is transferred to the alternative transportation provider by the primary law-enforcement agency until such time as an evaluation is conducted and custody is transferred pursuant to a temporary detention order or the person is released upon determination the person does not meet the criteria for temporary detention or custody of the person is transferred to the community services board or its designee that is responsible for conducting the evaluation. The bill also provides that in cases in which transportation of a person subject to a temporary detention order is ordered to be provided by an alternative transportation provider, the primary law-enforcement agency that executes the order may transfer custody of the person to the alternative transportation provider immediately upon execution of the order, and that the alternative transportation provider shall maintain custody of the person from the time custody is transferred to the alternative transportation provider by the primary law-enforcement agency until such time as custody of the person is transferred to the temporary detention facility. The bill also adds employees of and persons providing services pursuant to a contract with the Department of Behavioral Health and Developmental Services to the list of individuals who may serve as alternative transportation providers."
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jurisdiction: "us/states/va"
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legislature: "Virginia General Assembly"
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session: "2022"
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identifier: "SB 268"
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citation: "Virginia SB 268 (2022)"
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classification: ["bill"]
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subjects: []
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status: "enacted"
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primary_sponsors: ["Barbara A. Favola"]
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version_count: 6
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action_count: 57
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vote_count: 11
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first_action: "2022-01-11"
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last_action: "2022-04-11"
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source: "openstates"
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source_identifier: "ocd-bill/7f3a1d0a-f45d-49c0-9684-83505606576e"
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source_url: "https://lis.virginia.gov/cgi-bin/legp604.exe?221+sum+SB268"
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source_hash: "832dbc54a111402190df98440c8e05818ce633e1c57bd34ff2f6bcd80197ebb4"
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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 SB 268 (2022) — Emergency custody and temporary detention; transportation, transfer of custody, alternative custody.
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Emergency custody and temporary detention; transportation; transfer of custody. Provides that, in cases in which transportation of a person subject to an emergency custody order is ordered to be provided by an alternative transportation provider, the primary law-enforcement agency that executes the order may transfer custody of the person to the alternative transportation provider immediately upon execution of the order, and the alternative transportation provider shall maintain custody of the person from the time custody is transferred to the alternative transportation provider by the primary law-enforcement agency until such time as an evaluation is conducted and custody is transferred pursuant to a temporary detention order or the person is released upon determination the person does not meet the criteria for temporary detention or custody of the person is transferred to the community services board or its designee that is responsible for conducting the evaluation. The bill also provides that in cases in which transportation of a person subject to a temporary detention order is ordered to be provided by an alternative transportation provider, the primary law-enforcement agency that executes the order may transfer custody of the person to the alternative transportation provider immediately upon execution of the order, and that the alternative transportation provider shall maintain custody of the person from the time custody is transferred to the alternative transportation provider by the primary law-enforcement agency until such time as custody of the person is transferred to the temporary detention facility. The bill also adds employees of and persons providing services pursuant to a contract with the Department of Behavioral Health and Developmental Services to the list of individuals who may serve as alternative transportation providers.
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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. **CHAP0482** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0482)
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2. **Committee substitute printed 22104684D-S1** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?221+ful+SB268S1)
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3. **Committee substitute printed 22106256D-S2** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?221+ful+SB268S2)
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4. **Committee substitute printed 22106997D-H1** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?221+ful+SB268H1)
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5. **SB268ER** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?221+ful+SB268ER)
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6. **SB268S3** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?221+ful+SB268S3)
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## Votes
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- Constitutional reading dispensed (40-Y 0-N) — **40–0** (pass) · upper
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- Reported from Courts of Justice with substitute (20-Y 0-N) — **20–0** (pass) · lower
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- Passed Senate (40-Y 0-N) — **40–0** (pass) · upper
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- Reported from Appropriations with amendment(s) (21-Y 0-N) — **21–0** (pass) · lower
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- Reported from Finance and Appropriations with substitute (16-Y 0-N) — **16–0** (pass) · upper
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- Subcommittee recommends reporting with amendments (7-Y 1-N) — **7–1** (pass) · lower
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- Reported from Education and Health with substitute (15-Y 0-N) — **15–0** (pass) · upper
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- Subcommittee recommends reporting with substitute (8-Y 0-N) — **8–0** (pass) · lower
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- VOTE: Block Vote Passage (98-Y 0-N) — **97–0** (pass) · lower
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- Constitutional reading dispensed (38-Y 0-N) — **38–0** (pass) · upper
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- House substitute with amendments agreed to by Senate (39-Y 0-N) — **39–0** (pass) · upper
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## Sponsors
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- Barbara A. Favola — primary (person)
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- Emmett W. Hanger, Jr. — cosponsor (person)
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- Jennifer B. Boysko — cosponsor (person)
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- Jennifer L. McClellan — cosponsor (person)
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- R. Creigh Deeds — cosponsor (person)
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- T. Montgomery "Monty" Mason — cosponsor (person)
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## Timeline
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The legislative action history — every referral, reading, and vote.
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- **2022-01-11** Prefiled and ordered printed; offered 01/12/22 22103833D `introduction`
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- **2022-01-11** Referred to Committee on Education and Health `referral-committee`
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- **2022-01-28** Assigned Education sub: Health `referral-committee`
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- **2022-02-01** Senate subcommittee amendments and substitutes offered
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- **2022-02-03** Committee substitute printed 22104684D-S1 `substitution`
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- **2022-02-03** Reported from Education and Health with substitute (15-Y 0-N) `committee-passage`
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- **2022-02-03** Rereferred to Finance and Appropriations `referral-committee`
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- **2022-02-07** Impact statement from DPB (SB268S1)
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- **2022-02-08** Senate committee, floor amendments and substitutes offered
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- **2022-02-08** Reported from Finance and Appropriations with substitute (16-Y 0-N) `committee-passage`
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- **2022-02-08** Committee substitute printed 22106256D-S2 `substitution`
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- **2022-02-08** Incorporates SB176 (Peake)
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- **2022-02-08** Incorporates SB650 (Hanger)
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- **2022-02-08** Incorporates SB682 (Deeds)
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- **2022-02-09** Constitutional reading dispensed (38-Y 0-N)
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- **2022-02-10** Floor substitute printed 22106457D-S3 (Favola)
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- **2022-02-10** Read second time `reading-2`
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- **2022-02-10** Committee substitute rejected 22104684D-S1
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- **2022-02-10** Committee substitute rejected 22106256D-S2
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- **2022-02-10** Reading of substitute waived
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- **2022-02-10** Substitute by Senator Favola agreed to 22106457D-S3
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- **2022-02-10** Engrossed by Senate - floor substitute SB268S3
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- **2022-02-10** Constitutional reading dispensed (40-Y 0-N)
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- **2022-02-10** Passed Senate (40-Y 0-N) `passage`
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- **2022-02-14** Impact statement from DPB (SB268S3)
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- **2022-02-22** Placed on Calendar
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- **2022-02-22** Read first time `reading-1`
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- **2022-02-22** Referred to Committee for Courts of Justice `referral-committee`
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- **2022-02-22** Assigned Courts sub: Subcommittee #1 `referral-committee`
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- **2022-02-23** House subcommittee amendments and substitutes offered
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- **2022-02-23** House subcommittee amendments and substitutes offered
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- **2022-02-23** Subcommittee recommends reporting with substitute (8-Y 0-N)
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- **2022-02-23** Subcommittee recommends referring to Committee on Appropriations
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- **2022-02-25** Reported from Courts of Justice with substitute (20-Y 0-N) `committee-passage`
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- **2022-02-25** Committee substitute printed 22106997D-H1 `substitution`
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- **2022-02-25** Referred to Committee on Appropriations `referral-committee`
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- **2022-02-26** Assigned App. sub: Health & Human Resources `referral-committee`
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- **2022-02-28** Impact statement from DPB (SB268H1)
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- **2022-03-01** Subcommittee recommends reporting with amendments (7-Y 1-N)
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- **2022-03-02** Reported from Appropriations with amendment(s) (21-Y 0-N) `committee-passage`
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- **2022-03-04** Read second time `reading-2`
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- **2022-03-07** Read third time `reading-3`
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- **2022-03-07** Passed by temporarily
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- **2022-03-07** Committee on Courts of Justice substitute agreed to 22106997D-H1
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- **2022-03-07** Committee on Appropriations amendments agreed to
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- **2022-03-07** Engrossed by House - committee substitute with amendments SB268H1
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- **2022-03-07** Passed House with substitute with amendments BLOCK VOTE (98-Y 0-N) `passage`
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- **2022-03-07** VOTE: Block Vote Passage (98-Y 0-N)
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- **2022-03-08** House substitute with amendments agreed to by Senate (39-Y 0-N)
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- **2022-03-08** Title replaced 22106997D-H1
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- **2022-03-10** Enrolled
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- **2022-03-10** Impact statement from DPB (SB268ER)
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- **2022-03-10** Signed by President
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- **2022-03-10** Signed by Speaker
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- **2022-03-22** Enrolled Bill Communicated to Governor on March 22, 2022
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- **2022-03-22** Governor's Action Deadline 11:59 p.m., April 11, 2022
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- **2022-04-11** Approved by Governor-Chapter 482 (effective 7/1/22) `executive-signature`
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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/7f3a1d0a-f45d-49c0-9684-83505606576e`. Confidence: reported (aggregated from official Virginia legislature records).
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