Virginia House Bill 5043 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Partisan Bill (Democrat 36-0)
Status: Passed on November 5 2020 - 100% progression
Action: 2020-11-05 - Governor: Acts of Assembly Chapter text (CHAP0041)
Text: Latest bill text (Chaptered) [HTML]

Mental health awareness response and community understanding services (Marcus) alert system. Provides that the Department of Criminal Justice Services (DCJS) and the Department of Behavioral Health and Developmental Services (DBHDS) shall develop and establish a mental health awareness response and community understanding services (Marcus) alert system throughout the Commonwealth. The bill directs DBHDS, in collaboration with DCJS, law enforcement, and other stakeholders, to submit a plan for the establishment of a Marcus alert system no later than July 1, 2021. The bill directs DCJS to develop a plan by July 1, 2021 outlining (i) DCJS's and law-enforcement agencies' roles and engagement with the development of the Marcus alert system; (ii) DCJS's role in the development of minimum standards, best practices, and the review and approval of the protocols for law-enforcement participation in the Marcus alert system; and (iii) plans for measuring progress toward the goals for law-enforcement participation in the Marcus alert system. Mental health awareness response and community understanding services (Marcus) alert system. Provides that the Department of Criminal Justice Services (DCJS) and the Department of Behavioral Health and Developmental Services (DBHDS) shall develop and establish a mental health awareness response and community understanding services (Marcus) alert system throughout the Commonwealth. The bill directs DBHDS, in collaboration with DCJS, law enforcement, and other stakeholders, to submit a plan for the establishment of a Marcus alert system no later than July 1, 2021. The bill directs DCJS to develop a plan by July 1, 2021 outlining (i) DCJS's and law-enforcement agencies' roles and engagement with the development of the Marcus alert system; (ii) DCJS's role in the development of minimum standards, best practices, and the review and approval of the protocols for law-enforcement participation in the Marcus alert system; and (iii) plans for measuring progress toward the goals for law-enforcement participation in the Marcus alert system. The bill provides that DBHDS and DCJS shall collaborate to ensure that DBHDS maintains purview over best practices to promote a behavioral health response through the use of a mobile crisis response to behavioral health crises whenever possible, or law-enforcement backup of a mobile crisis response when necessary, and that DCJS maintains purview over requirements associated with decreased use of force and body-worn camera system policies and enforcement of such policies in the protocols established pursuant to the bill. The bill provides that, by December 1, 2021, DBHDS shall establish five Marcus alert programs and community care or mobile crisis teams, one located in each of the five DBHDS regions. By July 1, 2023, DBHDS shall establish five additional Marcus alert system programs and community care or mobile crisis teams in such regions. Community services boards or behavioral health authorities that serve the largest populations in each region, unless previously selected, shall be selected for the five additional programs. Additional systems and teams are to be established in subsequent years and, by July 1, 2026, all community services board or behavioral health authority geographical areas shall have established a Marcus alert system that uses community care or mobile crisis teams. The bill provides that, by July 1, 2021, every locality shall establish a voluntary database to be made available to the 9-1-1 alert system and the Marcus alert system to provide mental health information and emergency contact information for response to an emergency or crisis. By July 1, 2022, every locality shall have established local protocols that meet requirements developed by DBHDS for (a) diversion of certain 9-1-1 calls to crisis call centers and (b) the participation of law enforcement in the Marcus alert system. Also by July 1, 2022, every locality shall have established protocols for law-enforcement participation in the Marcus alert system. A "community care team" is defined in the bill as a team of mental health service providers, and may include registered peer recovery specialists and law-enforcement officers as a team, with the mental health service providers leading such team, to help stabilize individuals in crisis situations. A "comprehensive crisis system" is defined in the bill as a continuum of care established by DBHDS and DCJS and includes a crisis call center, community care and mobile crisis teams, crisis stabilization centers, and the Marcus alert system. A "mental health awareness response and community understanding services (Marcus) alert system" or "Marcus alert system" is defined in the bill as a set of protocols to (1) initiate a behavioral health response to a behavioral health crisis, including for individuals experiencing a behavioral health crisis secondary to mental illness, substance abuse, developmental disabilities, or any combination thereof; (2) divert such individuals to the behavioral health or developmental services system whenever feasible; and (3) facilitate a specialized response by law enforcement when diversion is not feasible. A "mobile crisis team" is defined in the bill as a team of one or more qualified or licensed mental health professionals and may include a registered peer recovery specialist or a family support partner.

Mental health crises; DCJS to assist DBHDS, etc., with development of Marcus alert system.

Del. Jeffrey Bourne [D]	Del. Dawn Adams [D]	Del. Vivian Watts [D]	Del. Betsy Carr [D]
Sen. Jennifer Carroll Foy [D]	Sen. Lashrecse Aird [D]	Del. Hala Ayala [D]	Del. David Bulova [D]
Del. Joshua Cole [D]	Del. Eileen Filler-Corn [D]	Del. Wendy Gooditis [D]	Del. Elizabeth Guzman [D]
Del. C.E. Hayes [D]	Del. Charniele Herring [D]	Del. Patrick Hope [D]	Del. Sally Hudson [D]
Del. Chris Hurst [D]	Del. Mark Keam [D]	Del. Kaye Kory [D]	Del. Paul Krizek [D]
Del. Mark Levine [D]	Del. Joesph Lindsey [D]	Del. Alfonso Lopez [D]	Del. Delores McQuinn [D]
Del. Kathleen Murphy [D]	Del. Kenneth Plum [D]	Del. Marcia Price [D]	Del. Sam Rasoul [D]
Del. Ibraheem Samirah [D]	Del. Don Scott [D]	Del. Mark Sickles [D]	Del. Shelly Simonds [D]
Sen. Suhas Subramanyam [D]	Del. Roslyn Tyler [D]	Del. Jeion Ward [D]	Del. Rodney Willett [D]

2020-10-14 - House - House: VOTE: Agreed To (59-Y 38-N) (Y: 59 N: 38 NV: 2 Abs: 0) [PASS]
2020-10-14 - Senate - Senate: Motion to reconsider passed by for the day agreed to (39-Y 1-N) (Y: 39 N: 0 NV: 1 Abs: 0) [PASS]
2020-10-14 - Senate - Senate: Passed by for the day motion rejected (18-Y 20-N 1-A) (Y: 18 N: 20 NV: 1 Abs: 1) [FAIL]
2020-10-07 - Senate - Senate: Senate insisted on substitute (24-Y 12-N) (Y: 24 N: 12 NV: 4 Abs: 0) [PASS]
2020-10-02 - House - House: VOTE: Adoption (0-Y 95-N) (Y: 0 N: 95 NV: 4 Abs: 0) [FAIL]
2020-10-01 - Senate - Senate: Passed Senate with substitute (24-Y 15-N) (Y: 24 N: 15 NV: 1 Abs: 0) [PASS]
2020-09-25 - Senate - Senate: Constitutional reading dispensed (36-Y 0-N) (Y: 36 N: 0 NV: 4 Abs: 0) [PASS]
2020-09-24 - Senate - Senate: Reported from Finance and Appropriations (12-Y 3-N) (Y: 12 N: 3 NV: 0 Abs: 0) [PASS]
2020-09-16 - Senate - Senate: Reported from Judiciary with substitute (8-Y 3-N) (Y: 8 N: 3 NV: 0 Abs: 0) [PASS]
2020-09-10 - House - House: VOTE: Passage (57-Y 39-N) (Y: 57 N: 39 NV: 3 Abs: 0) [PASS]
2020-09-04 - House - House: Reported from Appropriations with substitute (21-Y 1-N) (Y: 21 N: 1 NV: 0 Abs: 0) [PASS]
2020-08-25 - House - House: Reported from Public Safety with substitute (13-Y 9-N) (Y: 13 N: 9 NV: 0 Abs: 0) [PASS]

Date	Chamber	Action
2020-11-05		Governor: Acts of Assembly Chapter text (CHAP0041)
2020-11-05		Governor: Approved by Governor-Chapter 41 (effective 3/1/21)
2020-10-30		Governor: Governor's Action Deadline 11:59 p.m., November 6, 2020
2020-10-30	House	Enrolled Bill communicated to Governor on October 30, 2020
2020-10-30	Senate	Signed by President
2020-10-28	House	Signed by Speaker
2020-10-28	House	Bill text as passed House and Senate (HB5043ER)
2020-10-28	House	Enrolled
2020-10-16	Senate	Conference report agreed to by Senate (26-Y 12-N)
2020-10-14	Senate	Passed by for the day
2020-10-14	Senate	Motion to reconsider passed by for the day agreed to (39-Y 1-N)
2020-10-14	Senate	Passed by for the day motion rejected (18-Y 20-N 1-A)
2020-10-14	House	VOTE: Agreed To (59-Y 38-N)
2020-10-14	House	Conference report agreed to by House (59-Y 38-N)
2020-10-14	House	Passed by temporarily
2020-10-14	House	Conference substitute printed 20201343D-H3
2020-10-14		Conference: Amended by conference committee
2020-10-07	Senate	Senators: McPike, McClellan, Stuart
2020-10-07	Senate	Conferees appointed by Senate
2020-10-07	House	Delegates: Bourne, Hope, Kilgore
2020-10-07	House	Conferees appointed by House
2020-10-07	House	House acceded to request
2020-10-07	Senate	Senate requested conference committee
2020-10-07	Senate	Senate insisted on substitute (24-Y 12-N)
2020-10-02	House	VOTE: Adoption (0-Y 95-N)
2020-10-02	House	Senate substitute rejected by House (0-Y 95-N)
2020-10-02	House	Placed on Calendar
2020-10-01	Senate	Passed Senate with substitute (24-Y 15-N)
2020-10-01	Senate	Engrossed by Senate - committee substitute HB5043S1
2020-10-01	Senate	Committee substitute agreed to
2020-10-01	Senate	Reading of substitute waived
2020-10-01	Senate	Read third time
2020-10-01	Senate	Passed by temporarily
2020-09-25	Senate	Constitutional reading dispensed (36-Y 0-N)
2020-09-24	Senate	Reported from Finance and Appropriations (12-Y 3-N)
2020-09-16	Senate	Rereferred to Finance and Appropriations
2020-09-16	Senate	Committee substitute printed 20201198D-S1
2020-09-16	Senate	Reported from Judiciary with substitute (8-Y 3-N)
2020-09-15	Senate	Referred to Committee on the Judiciary
2020-09-15	Senate	Constitutional reading dispensed
2020-09-10	House	VOTE: Passage (57-Y 39-N)
2020-09-10	House	Read third time and passed House (57-Y 39-N)
2020-09-10	House	Passed by until after Resolutions Regular Calendar
2020-09-09	House	Engrossed by House - committee substitute HB5043H2
2020-09-09	House	Appropriations Committee substitute agreed to 20201114D-H2
2020-09-09	House	Public Safety Committee substitute rejected 20201023D-H1
2020-09-09	House	Read second time
2020-09-08	House	Read first time
2020-09-04	House	Committee substitute printed 20201114D-H2
2020-09-04	House	Reported from Appropriations with substitute (21-Y 1-N)
2020-08-25	House	Referred to Committee on Appropriations
2020-08-25	House	Committee substitute printed 20201023D-H1
2020-08-25	House	Reported from Public Safety with substitute (13-Y 9-N)
2020-08-17	House	Referred to Committee on Public Safety
2020-08-17	House	Prefiled and ordered printed; offered 08/18/20 20200715D

SB5038 (Same As) 2020-11-05 - Governor: Acts of Assembly Chapter text (CHAP0042)

Chapter	Article	Section	Citation Type	Statute Text
9	1	102	(n/a)	See Bill Text
9	1	193	(n/a)	See Bill Text
9	1	196	(n/a)	See Bill Text

Type	Source
Summary	https://lis.virginia.gov/cgi-bin/legp604.exe?202+sum+HB5043
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+HB5043+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+HB5043H1+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+HB5043H2+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+HB5043S1+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+HB5043H3+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+HB5043ER+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+CHAP0041+hil
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+H15V0005+HB5043
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+H02V0020+HB5043
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+HV0076+HB5043
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+S03V0072+HB5043
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+S05V0046+HB5043
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+SV0151HB5043+HB5043
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+SV0182HB5043+HB5043
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+HV0111+HB5043
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+SV0233HB5043+HB5043
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+SV0273HB5043+HB5043
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+SV0274HB5043+HB5043
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+HV0192+HB5043