Computer and electronic data; access to defendant thereof seized in obscenity, etc., cases. (HB863)

Introduced By

Del. Kathy Byron (R-Lynchburg) with support from 13 copatrons, whose average partisan position is:

Those copatrons are Del. Watkins Abbitt (I-Appomattox), Del. Dave Albo (R-Springfield), Del. Clay Athey (R-Front Royal), Del. Vince Callahan (R-McLean), Del. Tom Gear (R-Hampton), Del. Todd Gilbert (R-Woodstock), Del. Steve Landes (R-Weyers Cave), Del. John O'Bannon (R-Richmond), Del. Tom Rust (R-Herndon), Del. Beverly Sherwood (R-Winchester), Del. Rob Wittman (R-Montross), Del. Tommy Wright (R-Victoria), Sen. John Cosgrove (R-Chesapeake)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Computer and electronic data seized in obscenity, etc., cases; access to defendant. Provides that when computer data or electronic data, the possession of which is otherwise unlawful, are seized as evidence in a criminal prosecution of an obscenity or child pornography offense, neither the original data nor a copy shall be released to the defendant or his counsel. The court is not allowed to order the release of such evidence to the defendant or his counsel except in accordance with the rules of discovery or under restricted conditions upon a finding that the data is necessary and material to the defense of the accused. Read the Bill »


04/05/2006: signed by governor


01/10/2006Prefiled and ordered printed; offered 01/11/06 063353256
01/10/2006Referred to Committee for Courts of Justice
01/18/2006Assigned to Courts of Justice sub-committee: Criminal Law
02/10/2006Reported from Courts of Justice with amendment (16-Y 6-N)
02/11/2006Read first time
02/13/2006Read second time
02/13/2006Committee amendment agreed to
02/13/2006Engrossed by House as amended HB863E
02/13/2006Printed as engrossed 063353256-E
02/14/2006Read third time and passed House (89-Y 10-N)
02/14/2006VOTE: PASSAGE (89-Y 10-N)
02/14/2006Communicated to Senate
02/15/2006Constitutional reading dispensed
02/15/2006Referred to Committee for Courts of Justice
03/06/2006Reported from Courts of Justice with substitute (15-Y 0-N)
03/06/2006Committee substitute printed 061442820-S1
03/07/2006Constitutional reading dispensed (40-Y 0-N)
03/07/2006Read third time
03/07/2006Reading of substitute waived
03/07/2006Committee substitute agreed to 061442820-S1
03/07/2006Engrossed by Senate - committee substitute HB863S1
03/07/2006Passed Senate with substitute (40-Y 0-N)
03/07/2006VOTE: (40-Y 0-N)
03/08/2006Placed on Calendar
03/09/2006Senate substitute agreed to by House (97-Y 0-N)
03/09/2006VOTE: ADOPTION (97-Y 0-N)
03/15/2006Bill text as passed House and Senate (HB863ER)
03/15/2006Signed by Speaker
03/16/2006Signed by President
04/05/2006G Approved by Governor-Chapter 601 (effective 7/1/06)
04/12/2006G Acts of Assembly Chapter text (CHAP0601)