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§ 18.2-388 Intoxication in public; penalty; transportation of public inebriates to detoxification center

If any person is intoxicated in public, whether such intoxication results from alcohol, narcotic drug, or other intoxicant or drug of whatever nature, he is guilty of a Class 4 misdemeanor. In any area in which there is located a court-approved detoxification center, a law-enforcement officer may authorize the transportation, by police or otherwise, of public inebriates to such detoxification center in lieu of arrest; however, no person shall be involuntarily detained in such center.

History

The record of this law’s original creation isn’t available online. It has been modified 8 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1960, chapter 358; in 1964, chapter 434; in 1975, chapters 14 and 15; in 1979, chapter 654; in 1982, chapter 666; in 1983, chapter 187; in 1990, chapter 965; in 2020, chapter 160.

Code 1950, § 18.1-237; 1960, c. 358; 1964, c. 434; 1975, cc. 14, 15; 1979, c. 654; 1982, c. 666; 1983, c. 187; 1990, c. 965; 2020, c. 160.

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This is a law from the Code of Virginia. This is the actual, unchanged text of one of the many laws that govern Virginia.

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Court Decisions

United States v. Wilson (District Court, E.D. Virginia, 03/23/17)
. . . MEMORANDUM ORDER . . .
Sestito v. DeBRULAR (District Court, E.D. Virginia, 07/10/09)
. . . 634 F.Supp.2d 615 (2009) . . .
McGhee v. Com. (SCV, 11/04/10)
. . . 701 S.E.2d 58 (2010) . . .
Alan Neff v. Commonwealth of Virginia (COA, 05/20/14)
. . . KELSEY, Judge. . . .
Crislip v. Commonwealth (COA, 10/30/01)
. . . 554 S.E.2d 96 (2001) . . .
Ratliff v. Commonwealth (COA, 02/24/09)
. . . 672 S.E.2d 913 (2009) . . .
Tracy Marice Penn v. Commonwealth of Virginia (COA, 05/02/00)
. . . ANNUNZIATA, Judge. . . .
Flaherty v. Commonwealth (COA, 03/24/92)
. . . 415 S.E.2d 867 (1992) . . .
Bd. of Supervisors of Loudoun Cnty. v. State Corp. Comm'n (SCV, 09/08/16)
. . . OPINION BY JUSTICE ELIZABETH A. McCLANAHAN . . .
United States v. Brown (Court of Appeals for the Fourth Circuit, 03/25/05)
. . . PUBLISHED . . .

Court opinions are provided by CourtListener, which is developed by the Free Law Project.

Amendment Attempts

SB833: Intoxication in public; penalty. (failed)
HB893: Profane swearing or cursing in public; eliminates crime. (failed)
HB1978: Profane swearing in public. (failed)
HB31: Profane swearing or cursing in public; eliminates crime. (failed)
HB132: Profane swearing in public; removes the crime from Code.
HB1071: Profane swearing in public; removes the crime from Code. (passed)
HB2117: Experiencing or reporting an overdose or act of sexual violence; arrest and prosecution. (passed)
HB2227: Human trafficking; issuance of writ of vacatur for victims. (failed)
HB2296: Illegal fentanyl; reckless exposure to certain persons, penalty (failed)
HB2393: Human trafficking; issuance of writ of vacatur for victims. (passed)
HB2435: Model policy for law-enforcement officer investigating overdose; notification to prescriber. (passed)
HB2485: Cannabis control; establishes framework for creating retail market, penalties. (failed)
SB970: Cannabis control; establishes framework for creating retail market, penalties. (failed)
SB1405: Evaluation and determination of competency; raising question of competency to stand trial or plead. (failed)
SB1460: Human trafficking; issuance of writ of vacatur for victims. (passed)
HB123: Delinquent children; loss of driving privileges for alcohol, firearm, and drug offenses, truancy. (passed)
HB251: Assault and battery; creates Class 6 felony for serious bodily injury. (failed)
HB642: Cannabis control; establishes framework for creation of retail marijuana market, penalties, report. (failed)
HB687: Criminal complaint, warrant, summons, etc.; temporary sealing.
HB1029: Criminal complaint, warrant, summons, etc.; temporary sealing.
HB1298: Human trafficking; issuance of vacatur for victims, definitions. (passed)
HB1432: Marijuana or marijuana products; underage possession, consequences, procedures.
SB146: Delinquent children; loss of driving privileges for alcohol, firearm, and drug offenses, truancy. (passed)
SB528: Misdemeanor proceedings; competency treatment. (passed)
SB542: Cannabis control; establishes framework for creation of retail marijuana market, penalties, report.
SB671: Cannabis control; retail market; penalties.
SB748: Human trafficking; issuance of vacatur for victims, definitions. (passed)
SB826: Marijuana; creates framework for retail sales.