Virginia 2023 Regular Session

Virginia Senate Bill SB1302

Introduced
1/10/23  
Refer
1/10/23  
Report Pass
1/26/23  
Engrossed
1/30/23  
Refer
2/7/23  
Report Pass
2/20/23  
Engrossed
2/23/23  
Engrossed
2/23/23  
Enrolled
3/7/23  
Chaptered
3/22/23  

Caption

Temp. detention in hospital; testing, etc., mental/physical condition resulting from intoxication.

Impact

The implementation of SB1302 is expected to enhance the framework of mental health and emergency medical interventions within the state. It allows for the establishment of clear protocols for temporary detention in emergency circumstances, thereby ensuring timely care and reducing the risks associated with untreated intoxication. This approach aims to protect both individuals and the community by facilitating necessary interventions that can prevent serious health repercussions or even fatalities caused by untreated conditions stemming from intoxication.

Summary

SB1302 amends the Code of Virginia specifically concerning temporary detention in hospitals for individuals whose mental or physical condition includes intoxication. The bill outlines the circumstances under which a court or magistrate can authorize the temporary detention of individuals for testing, observation, or treatment to prevent potential harm due to their incapacity to consent. The legislation addresses the need for immediate medical intervention in cases where individuals are unable to make informed decisions about their health, primarily focusing on those experiencing conditions resulting from intoxication.

Sentiment

The sentiment surrounding SB1302 appears largely supportive among legislators and healthcare advocates who emphasize the importance of protecting vulnerable individuals in crisis situations. Advocates argue that the bill addresses crucial gaps in the existing legal framework that would allow professionals to act decisively and swiftly when faced with intoxicated individuals who are unable to advocate for their own health needs. However, there may be concerns regarding the potential for misuse of detention powers and the rights of individuals being detained.

Contention

Notable points of contention surrounding SB1302 may include discussions about the balance between necessary intervention and individual rights. Opponents might emphasize the need for safeguards against misuse of the detention authority, ensuring that such interventions are genuinely in the interest of the individuals involved and that there are checks in place to prevent arbitrary detention. The bill seeks to formalize the detention process, which could be a point of debate concerning civil liberties and the adequacy of oversight mechanisms.

Companion Bills

VA HB1792

Same As Temp. detention in hospital; testing, etc., mental/physical condition resulting from intoxication.

Previously Filed As

VA HB1792

Temp. detention in hospital; testing, etc., mental/physical condition resulting from intoxication.

VA SB808

Mental or physical condition; temporary detention in hospital for testing, observation, etc.

VA SB34

Temporary detention; certified evaluators, report.

VA SB650

Emergency custody and temporary detention; hospitals and providers of behavioral health services.

VA HB608

Temporary detention; certified evaluators, report.

VA SB1512

Temporary detention; certified evaluators, report.

VA SB176

Civil commitments & temporary detention orders; def. of mental illness neurocognitive disorders.

VA HB888

Civil commitments & temporary detention orders; def. of mental illness neurocognitive disorders.

VA HB163

Emergency custody and temporary detention; governing transportation & custody of minors and adults.

VA HB1242

Emergency custody and temporary detention orders; evaluations, presence of others.

Similar Bills

CA AB395

Substance use treatment providers.

AZ HB2745

Court-ordered treatment; enhanced services

AZ SB1310

Court-ordered treatment; enhanced services.

AZ HB2944

Inpatient treatment days; computation; exclusion

CA SB349

California Ethical Treatment for Persons with Substance Use Disorder Act.

AZ HB2041

Mental health; voluntary evaluations; payment

CA AB1230

Gambling disorder prevention.

IA HF479

A bill for an act establishing a veterans recovery pilot program and fund for the reimbursement of expenses related to providing hyperbaric oxygen treatment to eligible veterans.(See HF 574.)