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HEALTH AND WELL BEING - 2022
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PASSED HOUSE AND SENATE
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HB 800 Medical assistance services; individuals confined in state correctional facilities
Introduced by: Marcia S. "Cia" Price [D]
Requires the Department of Medical Assistance Services to enroll any person who is in the custody of a state correctional facility and who meets the criteria for eligibility for services under the state plan for medical assistance in the Commonwealth's program of medical assistance services; however, no services under the state plan for medical assistance shall be furnished to the person while he is confined in a state correctional facility unless federal financial participation is available to pay for the cost of the services provided. The bill also provides that, upon release from the custody of a state correctional facility, such individual shall continue to be eligible for services under the state plan for medical assistance until such time as the person is determined to no longer be eligible for medical assistance and that, to the extent permitted by federal law, the time during which a person is confined in a state correctional facility shall not be included in any calculation of when the person must recertify his eligibility for medical assistance.
02/08/22 House: Committee substitute agreed to 22105511D-H1
04/11/22 Governor: Approved by Governor-Chapter 300 (effective 7/1/22)
View bill here.
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SB 295 Responsibilities of local pretrial services officers; behavioral health dockets
Introduced by: R. Creigh Deeds [D]
Provides that a local pretrial services officer may facilitate the placement of a defendant in a behavioral health docket as a treatment service.
02/14/22 Senate: Reported from Judiciary with amendment (15-Y 0-N)
04/11/22 Governor: Approved by Governor-Chapter 327 (effective 7/1/22)
View bill here.
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NOT PASSED OR CONTINUED TO 2023
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HB 613 Arrest and prosecution of individual experiencing a mental health emergency; assault. FAILED.
Introduced by: Jeffrey M. Bourne [D]
Arrest and prosecution of individual experiencing a mental health emergency; assault or assault and battery against a law-enforcement officer. Provides that no individual shall be subject to arrest or prosecution for an assault or assault and battery against a law-enforcement officer if at the time of the assault or assault and battery (i) the individual (a) is experiencing a mental health emergency or (b) meets the criteria for issuance of an emergency custody order pursuant to § 37.2-808 and (ii) the law-enforcement officer subject to the assault or assault and battery was responding to a call for service requesting assistance for such individual. The bill provides that no law-enforcement officer acting in good faith shall be found liable for false arrest if it is later determined that the person arrested was immune from prosecution.
02/15/22 House: Left in Courts of Justice
View bill here.
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HB 794 Criminal proceedings; evidence of defendant's mental condition. FAILED.
Introduced by: Jason S. Ballard [R]
Criminal proceedings; evidence of defendant's mental condition. Repeals provisions permitting the admission of evidence by the defendant concerning a defendant's mental condition at the time of an alleged offense, including expert testimony, if such evidence is relevant, is not evidence concerning an ultimate issue of fact, and (i) tends to show the defendant did or did not have the intent required for the offense charged and (ii) is otherwise admissible pursuant to the general rules of evidence. The bill also removes provisions permitting a court to issue an emergency custody order in cases where such evidence was admitted and repeals provisions requiring the Office of the Executive Secretary of the Supreme Court to collect data regarding the cases that use such evidence.
02/15/22 House: Left in Courts of Justice
View bill here.
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SB 229 Persons with autism or intellectual disabilities; deferred disposition, offenses against minors. FAILED.
Introduced by: Mark D. Obenshain [R]
Provides that certain felony offenses, including child pornography, obscenity, electronic solicitation of a minor, indecent liberties with children, and displaying child pornography or grooming materials to a child, are ineligible for deferred and dismissed disposition where the defendant has been diagnosed with autism or an intellectual disability.
01/10/22 Senate: Referred to Committee on the Judiciary
02/14/22 Senate: Passed by indefinitely in Judiciary (9-Y 6-N)
View bill here.
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SB 373 Emergency custody; extension; medical testing, observation, or treatment. Continued to 2023
Introduced by: R. Creigh Deeds [D]
Emergency custody; extension; medical testing, observation, or treatment. Provides that a magistrate may, upon the sworn petition of the Commissioner or his designee, issue an order extending an emergency custody order for a period of up to 48 hours upon finding that probable cause exists to believe that the behaviors upon which a finding that the person meets the criteria for emergency custody are the result of a medical or physical condition, including substance intoxication or withdrawal, and that the medical standard of care for such medical or physical condition calls for testing, observation, or treatment to prevent harm to the person resulting from such medical or physical condition. Upon issuance of an order extending the period of emergency custody, the person shall be transported to and detained in an appropriate medical care facility for testing, observation, and treatment.
02/03/22 Senate: Continued to 2023 in Education and Health (15-Y 0-N)
View bill here.