Citizenship of arrestee; if accused is not committed to jail, arresting officer to ascertain. (HB958)

Introduced By

Del. Rob Bell (R-Charlottesville) with support from co-patrons Del. Mark Cole (R-Fredericksburg), and Del. Gordon Helsel (R-Poquoson)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Arresting officer to ascertain citizenship of arrestee.  Supplements the existing law that requires sheriffs to make a query into legal presence when a person is "taken into custody" at a jail. This bill expands such inquiries by requiring inquiries of everyone arrested, and requires that an arresting officer inquire of every arrestee whether he (i) was born in a country other than the United States and (ii) is a citizen of a country other than the United States. Read the Bill »


02/29/2012: Passed the Senate


01/11/2012Prefiled and ordered printed; offered 01/11/12 12102220D
01/11/2012Referred to Committee for Courts of Justice
01/16/2012Assigned Courts sub: #1 Criminal
01/24/2012Assigned Courts sub: #3 Immigration
01/31/2012Impact statement from DPB (HB958)
02/08/2012Subcommittee recommends reporting with amendment(s) (6-Y 2-N)
02/10/2012Reported from Courts of Justice with substitute (15-Y 2-N) (see vote tally)
02/10/2012Committee substitute printed 12105318D-H1
02/10/2012Incorporates HB89
02/10/2012Incorporates HB320
02/12/2012Read first time
02/13/2012Read second time
02/13/2012Committee substitute agreed to 12105318D-H1
02/13/2012Engrossed by House - committee substitute HB958H1
02/14/2012Read third time and passed House (81-Y 19-N)
02/14/2012VOTE: PASSAGE (81-Y 19-N) (see vote tally)
02/15/2012Constitutional reading dispensed
02/15/2012Referred to Committee for Courts of Justice
02/20/2012Impact statement from DPB (HB958H1)
02/27/2012Reported from Courts of Justice with substitute (9-Y 6-N) (see vote tally)
02/27/2012Committee substitute printed 12105661D-S1
02/28/2012Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/29/2012Read third time
02/29/2012Reading of substitute waived
02/29/2012Committee substitute agreed to 12105661D-S1
02/29/2012Engrossed by Senate - committee substitute HB958S1
02/29/2012Passed Senate with substitute (26-Y 13-N) (see vote tally)
02/29/2012Reconsideration of Senate passage agreed to by Senate (39-Y 1-N) (see vote tally)
02/29/2012Passed Senate with substitute (26-Y 14-N) (see vote tally)
03/01/2012Placed on Calendar
03/02/2012Speaker ruled substitute 12105661D-S1 not germane
03/06/2012Chair rules bill not properly before Senate
03/10/2012No further action taken
03/10/2012Failed to pass in House


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 7 minutes.


VACOLAO, tracking this bill in Photosynthesis, notes:

VACOLAO opposes this bill which would require an immigration status check of everyone issued a summons for even the most minor offenses (like loitering). The legislation will take state and local police officers off the streets and impose an unfunded mandate on localities because of the need for more officers to make up for the time spent.

Margaret M Keating writes:

This bill which is similar to Alabama's will simply make our state a harder place to live - as we see in Alabama. Immigrants legal and illegal will leave - something having a very negative effect on our agricultural economy. Law enforcement will be involved in duties they never wanted, and immigrant communities will fear them and stop reporting crimes. The state will be involved in using taxpayer money to fight expensive lawsuits on racial profiling.
Immigration cannot be a statewide patchwork issue.