2018 Virginia General Assembly
Legislative Highlights
January 26, 2018
The disAbility law Center of Virginia is monitoring developments in the legislature that may be of interest to people with disabilities. We are available to educate policymakers about the potential impact of legislative proposals. Al proposed bills are now available to the public on-line. Please let us know of any legislative proposals or budget issues that you think we should be following. Contact us at info@dlcv.org or by calling 1-800-552-3962 or 804-225-2042.
Here is an update on some of the mental health bills under consideration:
Relating to Suicide
HB 569 (Gooditis) requires the Department of Behavioral Health to provide an annual report on suicide prevention activities. Approved by full House of Delegates.
HB 42 (Kory) would have eliminated the common law crime of suicide. Defeated by subcommittee #1 of House Courts of Justice.
Relating to NGRI or incompetent to stand trial status
HB 52 (Hope) allows for an evaluation of whether someone is competent to stand trial to be done on an outpatient basis if appropriate. Approved by subcommittee #2 of House Courts of Justice, to be heard by the full Courts committee possibly on Monday.
HB 53 (Hope) allows for an evaluation of whether someone is “not guilty by reason of insanity” to be done on an outpatient basis if appropriate. Approved by subcommittee #1 of the House Courts of Justice, to be heard by the full Courts committee possibly on Monday.
HB 1193 (Bell, Robert) requires that if a person is convicted of a crime and also found to be not guilty by reason of insanity, they must be incarcerated after any period of inpatient mental health treatment. The bill was before subcommittee #1 of the House Courts of Justice on Wednesday, January 24, but was not heard that day.
Relating to the death penalty
HB 758 (Leftwich) prohibits the use of the death penalty for someone who is severely mentally ill. Assigned to House Courts of Justice. The Senate companion bill (SB 802 – Favola) was defeated in Senate Courts of Justice.
Relating to forced mental health treatment
HB 933 (Hope) extends the time period for an order of mandatory outpatient treatment from 3 to 6 months. The House Courts of Justice, subcommittee #2, recommended carrying this bill over to 2019, with a request to the SJ 47 work group to study the question. To be heard by the full Courts committee possibly on Monday.
HB 935 (Hope) removes the requirement that an individual be willing to cooperate in an order of mandatory treatment. The House Courts of Justice, subcommittee #2, recommended carrying this bill over to 2019, with a request to the SJ 47 work group to study the question. To be heard by the full Courts committee possibly on Monday.
Other mental health bills
SB 392 (Barker) eases the requirement that a parent must get notice if a minor is subject to an emergency custody order. Current law requires a petition for TDO be dismissed if the parent does not get notice. The proposed change allows the petition to proceed so long as a reasonable effort was made to provide notice. Assigned to Senate Courts of Justice.
HB 517 (Bell, Rob), like SB 392 above, would eases the requirement that a parent must get notice if a minor is subject to an emergency custody order. The bill was laid on the table by House Court of Justice, subcommittee #2.
SB 670 (Deeds) requires firefighters and emergency personnel to develop training in mental health awareness. Approved by Senate Education and Health.
SJ 14 (Edwards) calls for a study into alternative methods of emergency detention and temporary detention. Assigned to the Senate Committee on Rules.
The mission of the disAbility Law Center of Virginia is to advance independence, choice and self-determination; protect legal, human and civil rights; and eliminate abuse, neglect and discrimination of people with disabilities through zealous and uncompromising legal advocacy and representation.