HB309Introduced in the House of Delegates
Temporary detention in hospital; issuance of order for testing, observation, or treatment.
Introduced by Patrick Hope, District 1
What does this bill do?
Plain-English breakdown
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Official description
Temporary detention in hospital for testing, observation, or treatment. Provides that while seeking the issuance of an order for temporary detention in a hospital for testing, observation, or treatment, or an extension of such order, the person who would be subject to such order and is currently subject to an order issued pursuant to current law shall remain in the custody of the facility where he is located for up to two hours, and any security personnel shall ensure that such person does not leave the facility while such person is unable to provide informed consent. The bill states that the person shall be permitted to leave the facility if (i) such order is not issued; (ii) the physician determines the person does not meet the requirements for temporary detention; or (iii) the person's guardian or person legally authorized to make an informed decision on his behalf refuses to consent to continued detention, testing, observation, or treatment. The bill also provides that any licensed health professional, licensed hospital, including a hospital licensed by the Department of Health pursuant to relevant law, or security personnel assisting a licensed health professional shall have no liability arising out of a claim to the extent the claim is based on a lack of consent to the detention of a person when such professional or hospital is seeking the court's or magistrate's authorization for such detention.
Where it stands
Acts of Assembly Chapter text (CHAP0588)
April 13, 2026
How did lawmakers vote?
House of Delegates votes
4 recorded votes · each counted separately
Senate votes
4 recorded votes · each counted separately
House of DelegatesStage: Senate amendments agreed to by House (97-Y 0-N 0-A) · March 6, 2026
97
Yes
0
No
2
Absent or Not Voting
99 delegates recorded in this House of Delegates vote. Colors show vote categories only, not whether a vote was good or bad.
See how each delegate voted
| Delegate | District | Vote |
|---|---|---|
| Patrick Hope | 1 | Yes |
| Adele McClure | 2 | Yes |
| Alfonso Lopez | 3 | Yes |
| Charniele Herring | 4 | Yes |
| Kirk McPike | 5 | Yes |
| Richard Sullivan | 6 | Yes |
| Karen Keys-Gamarra | 7 | Yes |
| Irene Shin | 8 | Yes |
| Karrie Delaney | 9 | Yes |
| Dan Helmer | 10 | Yes |
Bill history
Prefiled and ordered printed; Offered 01-14-2026 26102967D
Referred to Committee on Health and Human Services
Assigned sub: Behavioral Health
Fiscal Impact Statement from Department of Planning and Budget (HB309)
House subcommittee offered
Subcommittee recommends reporting with substitute (8-Y 0-N)
Reported from Health and Human Services with substitute (22-Y 0-N)
Committee substitute printed 26106522D-H1
Fiscal Impact Statement from Department of Planning and Budget (HB309)
Read first time
Read second time
committee substitute agreed to
Engrossed by House - committee substitute
Read third time and passed House (98-Y 0-N 0-A)
Constitutional reading dispensed (on 1st reading)
Referred to Committee on Education and Health
Rereferred from Education and Health to Courts of Justice (14-Y 0-N)
Senate committee offered
Reported from Courts of Justice with amendments (15-Y 0-N)
Rules suspended
Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)
Passed by for the day Block Vote (Voice Vote)
Read third time
Courts of Justice Amendments agreed to
Engrossed by Senate as amended
Passed Senate with amendments Block Vote (40-Y 0-N 0-A)
Senate amendments agreed to by House (97-Y 0-N 0-A)
Enrolled
Bill text as passed House and Senate (HB309ER)
Fiscal Impact Statement from Department of Planning and Budget (HB309)
Signed by Speaker
Signed by President
Enrolled Bill communicated to Governor on March 14, 2026
Governor's Action Deadline 11:59 p.m., April 13, 2026
Approved by Governor-Chapter 588 (effective 7/1/2026)
Acts of Assembly Chapter text (CHAP0588)
Verify the information
- Official page on the Virginia Legislature website
- Courts of Justice Amendment (amendment)
- Courts of Justice Amendment (amendment)
- Senate Amendments (amendment)
- Fiscal Note/Analysis (supplement)
- Fiscal Note/Analysis (supplement)
- Fiscal Note/Analysis (supplement)
- Introduced (text)
- Comm Sub (text)
- Comm Sub (text)
- Comm Sub (text)
- Comm Sub (text)
- Enrolled (text)
- Chaptered (text)
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