SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2005 SESSION
SB 1017 Detention of a mentally incapacitated person; judicial authorization.
Introduced by: William C. Mims | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Judicial authorization of treatment and detention. Clarifies the provisions relating to judicial authorization of treatment. The bill defines "treatment" to include "the provision, withholding, or withdrawal of a specific treatment or course of treatment" when certain conditions are satisfied, such as the unavailability of a legally authorized representative, the incapacity of the person who is the subject of the petition to make an informed decision and unlikely prospect of the person to become capable of making an informed decision. The proposed treatment must be in the best interest of the patient and "medically and ethically appropriate with respect to (i) the medical diagnosis and prognosis and (ii) any other information provided by the attending physician of the person for whom treatment is sought." Further, the court's authority to dispense with service of the petition and notice of the hearing to the next of kin for persons who are patients in hospitals or facilities of the Department of Mental Health, Mental Retardation and Substance Abuse Services is simplified by adding the condition that such patients have "no known guardian or legally authorized representative at the time" and authorizing dispensing of notice to the next of kin when "treatment is necessary to prevent imminent or irreversible harm." Palliative care may also be ordered. Technical amendments are included.
FULL TEXT
- 01/11/05 Senate: Prefiled & ordered printed; offered 01/12/05 056601772 pdf
- 02/03/05 Senate: Committee substitute printed 050214772-S1 pdf
- 03/07/05 Senate: Bill text as passed Senate and House (SB1017ER) pdf
- 04/04/05 Governor: Acts of Assembly Chapter text (CHAP0751) pdf
AMENDMENTS
HISTORY
- 01/11/05 Senate: Prefiled & ordered printed; offered 01/12/05 056601772
- 01/11/05 Senate: Referred to Committee for Courts of Justice
- 02/02/05 Senate: Rereferred from C.J. (15-Y 0-N)
- 02/02/05 Senate: Rereferred to Education and Health
- 02/03/05 Senate: Committee substitute printed 050214772-S1
- 02/03/05 Senate: Reported from Ed. & H. with substitute (15-Y 0-N)
- 02/04/05 Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/04/05 Senate: VOTE: CONST. RDG. DISPENSED R (39-Y 0-N)
- 02/07/05 Senate: Read second time
- 02/07/05 Senate: Reading of substitute waived
- 02/07/05 Senate: Committee substitute agreed to 050214772-S1
- 02/07/05 Senate: Engrossed by Senate - committee substitute SB1017S1
- 02/07/05 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/07/05 Senate: VOTE: (40-Y 0-N)
- 02/07/05 Senate: Passed Senate (40-Y 0-N)
- 02/07/05 Senate: VOTE: PASSAGE R (40-Y 0-N)
- 02/07/05 Senate: Communicated to House
- 02/09/05 House: Placed on Calendar
- 02/09/05 House: Read first time
- 02/09/05 House: Referred to Committee on Health, Welfare and Institutions
- 02/15/05 House: Reported from H. W. I. w/amendments (22-Y 0-N)
- 02/16/05 House: Read second time
- 02/17/05 House: Read third time
- 02/17/05 House: Committee amendments agreed to
- 02/17/05 House: Engrossed by House as amended
- 02/17/05 House: Passed House with amendments BLOCK VOTE (97-Y 0-N)
- 02/17/05 House: VOTE: BLOCK VOTE PASSAGE (97-Y 0-N)
- 02/21/05 Senate: House amendments agreed to by Senate (40-Y 0-N)
- 02/21/05 Senate: VOTE: CONCUR HOUSE AMENDMENT (40-Y 0-N)
- 03/07/05 Senate: Bill text as passed Senate and House (SB1017ER)
- 03/09/05 Senate: Enrolled
- 03/09/05 House: Signed by Speaker
- 03/11/05 Senate: Signed by President
- 03/26/05 Governor: Approved by Governor-Chapter 751 (effective 7/1/05)
- 04/04/05 Governor: Acts of Assembly Chapter text (CHAP0751)