Virginia House Bill 499 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Strong Partisan Bill (Republican 39-2-1)
Status: Passed on April 23 2008 - 100% progression
Action: 2008-04-23 - Governor: Acts of Assembly Chapter text (CHAP0850)

Involuntary commitment; outpatient treatment; etc. Changes the criteria for emergency custody orders, temporary detention orders, and involuntary commitment proceedings, including how that criteria is applied to prisoners and juveniles, so that a person may be taken into emergency custody, placed under temporary detention, or involuntarily committed where it is found that the person has a mental illness and there exists a substantial likelihood that, as a result of mental illness, the person will, in the near future (i) cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm and other relevant information, if any, or (ii) suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs. The bill also provides that a person who meets the criteria for involuntary commitment may be ordered to mandatory outpatient treatment if less restrictive alternatives to involuntary inpatient treatment are appropriate and are available, and the person has the capacity to comply with such outpatient treatment and has agreed to abide by the treatment plan. The bill also sets forth how such mandatory outpatient treatment will be monitored and how a person's noncompliance with such treatment will be addressed. The bill also provides that, upon request, any health care provider or other provider rendering services to persons subject to emergency custody orders, temporary detention orders, or involuntary commitment proceedings shall disclose to certain entities and individuals all information necessary and appropriate for the entities or individuals to perform their duties in relation to such orders or proceedings. Any health care provider shall be immune for any harm resulting from the disclosure of health records unless he intended the harm or acted in bad faith. The bill also authorizes a single two-hour extension of an emergency custody order; provides that a person under a temporary detention order may be released prior to 48 hours after the order is executed if the person does not pose a danger to himself or others; expands those persons qualified to perform an independent examination of a person prior to a commitment hearing to include clinical social workers, professional counselors, psychiatric nurse practitioners, and clinical nurse specialists; sets forth factors that may be considered when determining whether probable cause exists to issue an emergency custody order or temporary detention order and factors that shall be considered prior to entry of an involuntary commitment order or mandatory outpatient treatment order; and makes several changes concerning the conduct of prescreening reports and independent examinations and the presentation of these reports or examinations at the required hearings. This bill incorporates HB 816,

Involuntary commitment; establishes new standard for outpatient commitment.

Del. David Albo [R]	Del. Clifford Athey [R]	Del. Robert Bell [R]	Del. Kathy Byron [R]
Sen. Charles Carrico [R]	Del. Mark Cole [R]	Sen. John Cosgrove [R]	Del. Anne Crockett-Stark [R]
Del. Thomas Gear [R]	Del. Todd Gilbert [R]	Del. Morgan Griffith [R]	Del. Franklin Hall [D]
Del. Phillip Hamilton [R]	Del. Clarke Hogan [R]	Del. William Howell [R]	Del. Timothy Hugo [R]
Del. William Janis [R]	Del. Chris Jones [R]	Del. Terry Kilgore [R]	Del. Steven Landes [R]
Del. Scott Lingamfelter [R]	Del. Matthew Lohr [R]	Del. George Loupassi [R]	Del. Daniel Marshall [R]
Del. Robert Marshall [R]	Del. James Massie [R]	Del. Donald Merricks [R]	Del. Jackson Miller [R]
Del. Samuel Nixon [R]	Del. David Nutter [R]	Del. John O'Bannon [R]	Del. Glenn Oder [R]
Del. Christopher Peace [R]	Del. Charles Poindexter [R]	Del. Harry Purkey [R]	Del. Lacey Putney [I]
Del. Thomas Rust [R]	Del. Christopher Saxman [R]	Del. Edward Scott [R]	Del. Beverly Sherwood [R]
Del. Robert Tata [R]	Del. David Toscano [D]

Date	Chamber	Action
2008-04-23		Governor: Acts of Assembly Chapter text (CHAP0850)
2008-04-23		Governor: Approved by Governor-Chapter 850 (effective 7/1/08)
2008-04-23		Senate: Signed by President as reenrolled
2008-04-23		House: Signed by Speaker as reenrolled
2008-04-23		House: Reenrolled bill text (HB499ER2)
2008-04-23		House: Reenrolled
2008-04-23		Governor: Governor's recommendation adopted
2008-04-23		Senate: Senate concurred in Governor's recommendation (38-Y 0-N)
2008-04-23		House: VOTE: --- ADOPTION (97-Y 0-N)
2008-04-23		House: House concurred in Governor's recommendation (97-Y 0-N)
2008-04-22		House: Placed on Calendar
2008-04-11		House: Governor's recommendation received by House
2008-03-09		Senate: Signed by President
2008-03-07		House: Signed by Speaker
2008-03-07		House: Bill text as passed House and Senate (HB499ER)
2008-03-07		House: Enrolled
2008-03-05		House: VOTE: --- ADOPTION (96-Y 0-N)
2008-03-05		House: Senate substitute agreed to by House 089652820-S2 (96-Y 0-N)
2008-03-05		House: Placed on Calendar
2008-03-04		Senate: Passed Senate with substitute (40-Y 0-N)
2008-03-04		Senate: Engrossed by Senate - floor substitute HB499S2
2008-03-04		Senate: Substitute by Senator Howelll agreed to 089652820-S2
2008-03-04		Senate: Reading of substitute waived
2008-03-04		Senate: Floor substitute printed 089652820-S2 (Howell)
2008-03-04		Senate: Committee substitute rejected 080297248-S1
2008-03-04		Senate: Committee substitute reconsidered (37-Y 3-N)
2008-03-04		Senate: Passed by temporarily
2008-03-04		Senate: Read third time
2008-03-03		Senate: Passed by for the day
2008-03-03		Senate: Read third time
2008-02-29		Senate: Passed by for the day
2008-02-28		Senate: Passed by for the day
2008-02-28		Senate: Read third time
2008-02-27		Senate: Passed by for the day
2008-02-27		Senate: Committee substitute agreed to 080297248-S1
2008-02-27		Senate: Reading of substitute waived
2008-02-27		Senate: Read third time
2008-02-26		Senate: Constitutional reading dispensed (40-Y 0-N)
2008-02-25		Senate: Committee substitute printed 080297248-S1
2008-02-25		Senate: Reported from Courts of Justice with substitute (15-Y 0-N)
2008-02-14		Senate: Assigned Courts sub: Special on Proposed Mental Health Legislation
2008-02-13		Senate: Referred to Committee for Courts of Justice
2008-02-13		Senate: Constitutional reading dispensed
2008-02-12		House: Communicated to Senate
2008-02-12		House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
2008-02-12		House: Read third time and passed House BLOCK VOTE (98-Y 0-N)
2008-02-11		House: Engrossed by House - committee substitute HB499H2
2008-02-11		House: Committee substitute from Appropriations agreed to 082585528-H2
2008-02-11		House: Committee substitute from Courts of Justice rejected 081467432-H1
2008-02-11		House: Read second time
2008-02-09		House: Read first time
2008-02-09		House: Committee substitute printed 082585528-H2
2008-02-08		House: Reported from Appropriations with substitute (24-Y 0-N)
2008-01-30		House: Committee substitute printed 081467432-H1
2008-01-30		House: Assigned App. sub: Health & Human Resources (Hamilton)
2008-01-28		House: Referred to Committee on Appropriations
2008-01-28		House: Reported from Courts of Justice with substitute (22-Y 0-N)
2008-01-14		House: Assigned Courts sub: Mental Health
2008-01-07		House: Referred to Committee for Courts of Justice
2008-01-07		House: Prefiled and ordered printed; offered 01/09/08 088522820

HB816 (Similar To) 2010-02-11 - House: Incorporated by Rules (HB617-Lohr) by voice vote
HB1322 (Similar To) 2010-04-21 - Governor: Acts of Assembly Chapter text (CHAP0868)
HB1491 (Similar To) 2011-02-17 - Senate: Letter sent to Joint Commission on Transportation Accountablility
SB246 (Same As) 2010-04-21 - Governor: Acts of Assembly Chapter text (CHAP0788)

Type	Source
Summary	https://lis.virginia.gov/cgi-bin/legp604.exe?081+sum+HB499