SB 395 Virginia Senate · 2026 Regular Session

Emergency and temporary detention transportation; clarifies term of "law-enforcement officer."

Summary

Emergency and temporary detention transportation. Clarifies that the term "law-enforcement officer" as used in relevant law relating to emergency and involuntary civil transportation includes retired law-enforcement officers, defined in the bill, for the purposes of laws related to emergency custody and involuntary temporary detention. The bill also permits an alternative transportation provider to provide transportation of a person in the temporary detention process in a safe manner if the alternative transportation provider is (i) an employee of, or the person providing services pursuant to a contract with, the Department of Behavioral Health and Developmental Services or (ii) an employee of a private or state hospital within the confines of the Commonwealth. This bill was incorporated into SB 75.

Bill status in committee 1 of 4 stages cleared

Introduction

Jan 2026

Committee Review

Floor Vote

Governor

Introduced Jan 13, 2026 Last action Jan 23, 2026

Maddy AI version diff · 1 comparison

What changed between versions

Introduced → Rehabilitation and Social Services Substitute · 5 edits

MODERATE

The bill was amended from a general emergency detention transportation bill to a substitute version that adds a new section specifically addressing the transportation of minors in the temporary detention process. This change expands the scope of the legislation to include children, ensuring they receive appropriate protections and procedures during emergency mental health evaluations.

Scope change

The bill's scope was expanded from covering only general emergency and temporary detention transportation to also specifically include minors in the temporary detention process. The new section creates specific provisions for transporting minors, including parental notification requirements.

SCOPE

Added a new section (§ 16.1-340.2) specifically addressing transportation of minors in the temporary detention process, which was not present in the original bill.

ELIGIBILITY

The original bill covered all persons with mental illness, while the substitute version now includes specific provisions for minors, creating a separate category of individuals with different procedural requirements.

REQUIREMENT

Added requirement that if an alternative transportation provider is a person other than the minor's parent, they must notify the parent when custody is transferred to law enforcement.

DEFINITION

Modified the bill title and references to change from general 'person' language to include specific 'minor' language in the new section, while retaining general provisions for adults in the existing sections.

TIMELINE

Changed the bill status from 'Introduced' to 'Amendment in the Nature of a Substitute' offered for consideration on 1/23/2026, indicating it has been revised by a committee.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Jan 23, 2026

Upper · Passed

Senate committee offered

upper

Jan 13, 2026

Committee

Referred to Committee on Rehabilitation and Social Services

upper

1 primary · 0 co-sponsors