VA HB1933 | 2019 | Regular Session
Status
Completed Legislative Action
Spectrum: Partisan Bill (Democrat 3-0)
Status: Passed on March 26 2019 - 100% progression
Action: 2019-03-26 - Governor: Acts of Assembly Chapter text (CHAP0809)
Text: Latest bill text (Chaptered) [HTML]
Spectrum: Partisan Bill (Democrat 3-0)
Status: Passed on March 26 2019 - 100% progression
Action: 2019-03-26 - Governor: Acts of Assembly Chapter text (CHAP0809)
Text: Latest bill text (Chaptered) [HTML]
Summary
Medical and mental health treatment of prisoners incapable of giving consent. Establishes a process for the sheriff or administrator in charge of a local or regional correctional facility to petition a court to authorize medical or mental health treatment for a prisoner in such facility who is incapable of giving informed consent for such treatment. The process parallels the existing process for the Director of the Department of Corrections to seek authorization to provide involuntary treatment to prisoners in state correctional facilities. The bill requires the court to authorize such treatment in a facility designated by the sheriff or administrator upon finding that the prisoner is incapable, either mentally or physically, of giving informed consent; that the prisoner does not have a relevant advanced directive, guardian, or other substitute decision maker; that the proposed treatment is in the best interests of the prisoner; and that the jail has sufficient medical and nursing resources available to safely administer the treatment and respond to any adverse side effects that might arise from the treatment. The bill provides that the treatment ordered may be provided within a local or regional correctional facility if such facility is licensed to provide such treatment. If statutory procedures are followed, the service provider does not have liability based on lack of consent or lack of capacity to consent unless there is injury or death resulting from gross negligence or willful and wanton misconduct.
Title
Prisoners; medical and mental health treatment of those incapable of giving consent.
Sponsors
Roll Calls
2019-02-14 - House - House: VOTE: ADOPTION (98-Y 0-N) (Y: 98 N: 0 NV: 1 Abs: 0) [PASS]
2019-02-12 - Senate - Senate: Passed Senate with amendment (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2019-02-11 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2019-02-08 - Senate - Senate: Reported from Rehabilitation and Social Services with amendment (15-Y 0-N) (Y: 15 N: 0 NV: 0 Abs: 0) [PASS]
2019-01-30 - Senate - Senate: Rereferred from Courts of Justice (10-Y 0-N) (Y: 10 N: 0 NV: 0 Abs: 0) [PASS]
2019-01-25 - House - House: VOTE: BLOCK VOTE PASSAGE (97-Y 0-N) (Y: 97 N: 0 NV: 2 Abs: 0) [PASS]
2019-01-21 - House - House: Reported from Courts of Justice with substitute (18-Y 0-N) (Y: 18 N: 0 NV: 0 Abs: 0) [PASS]
2019-01-14 - House - House: Subcommittee recommends reporting with substitute (8-Y 0-N) (Y: 8 N: 0 NV: 0 Abs: 0) [PASS]
2019-02-12 - Senate - Senate: Passed Senate with amendment (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2019-02-11 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2019-02-08 - Senate - Senate: Reported from Rehabilitation and Social Services with amendment (15-Y 0-N) (Y: 15 N: 0 NV: 0 Abs: 0) [PASS]
2019-01-30 - Senate - Senate: Rereferred from Courts of Justice (10-Y 0-N) (Y: 10 N: 0 NV: 0 Abs: 0) [PASS]
2019-01-25 - House - House: VOTE: BLOCK VOTE PASSAGE (97-Y 0-N) (Y: 97 N: 0 NV: 2 Abs: 0) [PASS]
2019-01-21 - House - House: Reported from Courts of Justice with substitute (18-Y 0-N) (Y: 18 N: 0 NV: 0 Abs: 0) [PASS]
2019-01-14 - House - House: Subcommittee recommends reporting with substitute (8-Y 0-N) (Y: 8 N: 0 NV: 0 Abs: 0) [PASS]
History
Date | Chamber | Action |
---|---|---|
2019-03-26 | Governor: Acts of Assembly Chapter text (CHAP0809) | |
2019-03-26 | Governor: Approved by Governor-Chapter 809 (effective 7/1/19) | |
2019-02-21 | Governor: Governor's Action Deadline Midnight, March 26, 2019 | |
2019-02-21 | House | Enrolled Bill communicated to Governor on February 21, 2019 |
2019-02-20 | Senate | Signed by President |
2019-02-19 | House | Signed by Speaker |
2019-02-19 | House | Bill text as passed House and Senate (HB1933ER) |
2019-02-19 | House | Enrolled |
2019-02-14 | House | VOTE: ADOPTION (98-Y 0-N) |
2019-02-14 | House | Senate amendment agreed to by House (98-Y 0-N) |
2019-02-14 | House | Placed on Calendar |
2019-02-12 | Senate | Passed Senate with amendment (40-Y 0-N) |
2019-02-12 | Senate | Engrossed by Senate as amended |
2019-02-12 | Senate | Committee amendment agreed to |
2019-02-12 | Senate | Reading of amendment waived |
2019-02-12 | Senate | Read third time |
2019-02-11 | Senate | Constitutional reading dispensed (40-Y 0-N) |
2019-02-08 | Senate | Reported from Rehabilitation and Social Services with amendment (15-Y 0-N) |
2019-01-30 | Senate | Rereferred to Rehabilitation and Social Services |
2019-01-30 | Senate | Rereferred from Courts of Justice (10-Y 0-N) |
2019-01-28 | Senate | Referred to Committee for Courts of Justice |
2019-01-28 | Senate | Constitutional reading dispensed |
2019-01-25 | House | VOTE: BLOCK VOTE PASSAGE (97-Y 0-N) |
2019-01-25 | House | Read third time and passed House BLOCK VOTE (97-Y 0-N) |
2019-01-24 | House | Engrossed by House - committee substitute HB1933H1 |
2019-01-24 | House | Committee substitute agreed to 19104834D-H1 |
2019-01-24 | House | Read second time |
2019-01-23 | House | Read first time |
2019-01-21 | House | Committee substitute printed 19104834D-H1 |
2019-01-21 | House | Reported from Courts of Justice with substitute (18-Y 0-N) |
2019-01-14 | House | Subcommittee recommends reporting with substitute (8-Y 0-N) |
2019-01-14 | House | Assigned Courts sub: Subcommittee #1 |
2019-01-05 | House | Referred to Committee for Courts of Justice |
2019-01-05 | House | Prefiled and ordered printed; offered 01/09/19 19100189D |
Code Citations
Chapter | Article | Section | Citation Type | Statute Text |
---|---|---|---|---|
17 | 1 | 406 | (n/a) | See Bill Text |
17 | 1 | 410 | (n/a) | See Bill Text |
37 | 2 | 803 | (n/a) | See Bill Text |
53 | 1 | 133.04 | (n/a) | See Bill Text |
53 | 1 | 133.05 | (n/a) | See Bill Text |