Child pornography; restitution for victims. (HB1995)

Introduced By

Del. Bill Janis (R-Glen Allen)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Restitution; civil relief; victims of child pornography.  Provides that a defendant convicted of an offense under 18.2-374.1 (production, etc., of child pornography), 18.2-374.1:1 (possession, etc., of child pornography), or 18.2-374.3 (use of communication systems to facilitate certain offenses involving children) shall be ordered to pay restitution to the victim of the crime in the full amount of the damages or loss sustained by the victim. The bill also creates a civil cause of action for victims of child pornography. For purposes of this cause of action, the victims shall be deemed to have sustained damages of at least $150,000 and may also recover the costs of litigation and reasonable attorney fees. Such actions are not subject to any limitations period. Read the Bill »


Bill Has Passed


01/11/2011Prefiled and ordered printed; offered 01/12/11 11103198D
01/11/2011Referred to Committee for Courts of Justice
01/17/2011Assigned Courts sub: #1 Criminal
01/26/2011Subcommittee recommends reporting with amendment(s) (8-Y 0-N)
01/31/2011Reported from Courts of Justice with substitute (22-Y 0-N) (see vote tally)
01/31/2011Committee substitute printed 11104749D-H1
02/02/2011Read first time
02/03/2011Read second time
02/03/2011Committee substitute agreed to 11104749D-H1
02/03/2011Engrossed by House - committee substitute HB1995H1
02/04/2011Read third time and passed House BLOCK VOTE (98-Y 0-N)
02/04/2011VOTE: BLOCK VOTE PASSAGE (98-Y 0-N) (see vote tally)
02/07/2011Constitutional reading dispensed
02/07/2011Referred to Committee for Courts of Justice
02/09/2011Reported from Courts of Justice with amendments (15-Y 0-N) (see vote tally)
02/11/2011Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/14/2011Read third time
02/14/2011Reading of amendments waived
02/14/2011Committee amendments agreed to
02/14/2011Engrossed by Senate as amended
02/14/2011Passed Senate with amendments (40-Y 0-N) (see vote tally)
02/15/2011Placed on Calendar
02/16/2011Senate amendments rejected by House (5-Y 92-N)
02/16/2011VOTE: REJECTED (5-Y 92-N) (see vote tally)
02/16/2011Reconsideration of Senate amendments agreed to by House
02/16/2011Senate amendments rejected by House (1-Y 94-N)
02/16/2011VOTE: REJECTED (1-Y 94-N) (see vote tally)
02/18/2011Senate insisted on amendments (40-Y 0-N) (see vote tally)
02/18/2011Senate requested conference committee
02/21/2011House acceded to request
02/23/2011Conferees appointed by Senate
02/23/2011Senators: Deeds, Edwards, Quayle
02/23/2011Conferees appointed by House
02/23/2011Delegates: Janis, Loupassi, Watts
02/26/2011Conference substitute printed 11105678D-H2
02/26/2011Conference report agreed to by Senate (39-Y 0-N) (see vote tally)
02/26/2011Reconsideration of conference report agreed to by Senate (40-Y 0-N) (see vote tally)
02/26/2011Conference report agreed to by Senate (40-Y 0-N) (see vote tally)
02/26/2011Conference report agreed to by House (92-Y 0-N)
02/26/2011VOTE: ADOPTION (92-Y 0-N) (see vote tally)
03/03/2011Bill text as passed House and Senate (HB1995ER)
03/03/2011Signed by Speaker
03/06/2011Signed by President
03/25/2011G Approved by Governor-Chapter 575 (effective 7/1/11)
03/25/2011G Acts of Assembly Chapter text (CHAP0575)


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 3 clips in all, totaling 4 minutes.


Mary writes:

During the discussion of this bill it was amended from a civil bill of restitution of $150,000 per image to a criminal bill of $1,000 per image.
This was an accepatble change.
The RSOL of Virginia still spoke against this bill because of the current definition of child pornography includes the teens “sexting”. Until images like those are no longer under the Child Pornography umbrella we will speak out.