VirginiaHB6812026 Regular SessionHouseWALLET

Retired law-enforcement officers; emergency and temporary detention admissions.

Sponsored By: Jen Kiggans - to resign 12/31 (Republican)

Became Law

Summary

Retired law-enforcement officers; emergency and temporary detention admissions. Clarifies that the term "law-enforcement officer" as used in relevant law relating to emergency and involuntary civil admissions includes retired law-enforcement officers, defined in the bill, for the purposes of laws related to emergency custody and involuntary temporary detention.The provisions of this bill are identical to relevant provisions of SB 75.

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 4 benefits, 0 costs, 2 mixed.

Emergency custody rules, time limits, rights

A magistrate or court may order emergency custody when there is probable cause a person has a mental illness, is likely to cause or suffer serious harm soon, needs treatment, and will not or cannot volunteer. An officer may also take the person into custody without a warrant based on observations or reliable reports, or if a rider revokes consent during a voluntary transport and probable cause exists. Custody and orders are time-limited: an emergency custody order lasts no more than 8 hours from execution, and an unserved order becomes void 8 hours after issue. Officers must give the person a written summary of rights and tell the community services board right away, and they may travel anywhere in the Commonwealth to carry out the order. This version runs through June 30, 2026.

Police or approved others can transport

For emergency custody, a magistrate names the main police agency to act and can approve an alternative transporter, like a family member, CSB staff, or another trained provider, if they are available, willing, and able. Police must take custody and hand the person to the approved provider, and a copy of the order must travel with the person. A facility may accept custody only if it is licensed and able to provide needed security and, when police transport, has an agreement with the agency. Facilities cannot charge police transfer fees. This version runs through June 30, 2026.

Retired officers can serve with approval

Beginning July 1, 2026, a retired officer may serve as a law-enforcement officer for these duties if a local agency authorizes them. They must have been an active officer within the last 10 years and have retired or resigned in good standing. Prior service with similar duties at federal, state, or local levels counts.

Who transports after detention order

Beginning July 1, 2026, a magistrate must name which police agency will carry out a temporary detention order. If the person’s home jurisdiction is over 50 miles away, the local agency where the person is found must act. A named alternative transporter may be used if they are available, willing, able, and can take custody within 6 hours of the order (or a change). Police must take custody and hand the person to the approved provider, who keeps custody until delivery to the facility. The magistrate can change the transporter before travel starts, and custody must shift to the new provider. A copy of the order must go with the person and a copy returned to the court.

Medical checks and support during evaluation

If you are taken into emergency custody, you are taken at once for an evaluation by a community services board designee or a certified evaluator. Transport to a hospital for an emergency medical exam or a doctor-required exam before admission is allowed, and care must be provided right away under state and federal law. A family member or legal guardian who is present may stay with you unless you object or a clinician decides it is unsafe or would interfere with care. This version runs through June 30, 2026.

Trained transport staff restraints and immunity

Beginning July 1, 2026, employees or contractors of a contracted alternative transport provider may use restraints only after less-restrictive steps fail and only to keep people safe or prevent escape. Anyone who provides alternative transportation under this section is not liable to the person transported for ordinary negligence in civil lawsuits.

Sponsors & Cosponsors

Sponsor

  • Jen Kiggans - to resign 12/31

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 222 • No: 0

Senate vote 3/3/2026

Passed Senate Block Vote

Yes: 40 • No: 0

Senate vote 3/2/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 39 • No: 0

Senate vote 3/2/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/27/2026

Reported from Rehabilitation and Social Services Block Vote

Yes: 15 • No: 0

House vote 2/9/2026

Read third time and passed House Block Vote

Yes: 98 • No: 0

House vote 2/3/2026

Reported from Health and Human Services

Yes: 22 • No: 0

House vote 1/29/2026

Subcommittee recommends reporting

Yes: 8 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0661)

    4/13/2026Governor
  2. Approved by Governor-Chapter 661 (effective 7/1/2026)

    4/13/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/14/2026Governor
  4. Enrolled Bill communicated to Governor on March 14, 2026

    3/14/2026House
  5. Fiscal Impact Statement from Department of Planning and Budget (HB681)

    3/12/2026House
  6. Bill text as passed House and Senate (HB681ER)

    3/10/2026House
  7. Enrolled

    3/10/2026House
  8. Signed by President

    3/10/2026Senate
  9. Signed by Speaker

    3/10/2026House
  10. Passed Senate Block Vote (40-Y 0-N 0-A)

    3/3/2026Senate
  11. Read third time

    3/3/2026Senate
  12. Passed by for the day Block Vote (Voice Vote)

    3/2/2026Senate
  13. Constitutional reading dispensed Block Vote (on 2nd reading) (39-Y 0-N 0-A)

    3/2/2026Senate
  14. Rules suspended

    3/2/2026Senate
  15. Reported from Rehabilitation and Social Services Block Vote (15-Y 0-N)

    2/27/2026Senate
  16. Fiscal Impact Statement from Department of Planning and Budget (HB681)

    2/16/2026House
  17. Referred to Committee on Rehabilitation and Social Services

    2/10/2026Senate
  18. Constitutional reading dispensed (on 1st reading)

    2/10/2026Senate
  19. Read third time and passed House Block Vote (98-Y 0-N 0-A)

    2/9/2026House
  20. Read second time and engrossed

    2/6/2026House
  21. Read first time

    2/5/2026House
  22. Reported from Health and Human Services (22-Y 0-N)

    2/3/2026House
  23. Subcommittee recommends reporting (8-Y 0-N)

    1/29/2026House
  24. Assigned sub: Behavioral Health

    1/21/2026House
  25. Referred to Committee on Health and Human Services

    1/13/2026House

Bill Text

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