Detention & removal of citizen from State; SPS shall request notification within 24 hours. (HB2229)
Introduced By
Del. Ben Cline (R-Amherst) with support from co-patron Del. Rick Morris (R-Carrollton)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
☐ |
Signed by Governor |
☐ |
Became Law |
Description
Detention and removal of a citizen from the Commonwealth by the federal government. Provides that the Secretary of Public Safety shall request from the U.S. Secretary of Defense that, when an agency of the federal government detains any citizen pursuant to 50 U.S.C. 1541 as provided by the National Defense Authorization Act for Fiscal Year 2012 (P.L. 112-81, 1021 [providing for detention of any person "who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks" or "who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces"]), the U.S. Secretary of Defense shall provide notification within 12 hours of the detention to both the Secretary of Public Safety and the chief law-enforcement officer of the locality in which the citizen is detained and that the U.S. Secretary of Defense or his designee shall seek authorization from the chief law-enforcement officer of the locality in which the citizen is detained prior to removal of the citizen from the locality. The bill also provides that if the U.S. Secretary of Defense fails to comply with either such request, funds appropriated for implementation or continuation of memoranda of understanding entered into by cabinet secretaries shall be contingent upon authorization by an act of the General Assembly in a subsequent year. Read the Bill »
Status
02/23/2013: failed house
History
| Date | Action |
|---|---|
| 01/11/2013 | Committee |
| 01/11/2013 | Presented and ordered printed 13103669D |
| 01/11/2013 | Referred to Committee on Militia, Police and Public Safety |
| 01/22/2013 | Assigned MPPS sub: #2 |
| 01/22/2013 | Impact statement from DPB (HB2229) |
| 01/24/2013 | Subcommittee recommends reporting with amendment(s) (8-Y 0-N) |
| 01/25/2013 | Reported from Militia, Police and Public Safety with substitute (19-Y 3-N) (see vote tally) |
| 01/25/2013 | Committee substitute printed 13104522D-H1 |
| 01/28/2013 | Read first time |
| 01/29/2013 | Impact statement from DPB (HB2229H1) |
| 01/29/2013 | Passed by for the day |
| 01/30/2013 | Passed by for the day |
| 01/31/2013 | Read second time |
| 01/31/2013 | Committee substitute agreed to 13104522D-H1 |
| 01/31/2013 | Engrossed by House - committee substitute HB2229H1 |
| 02/01/2013 | Read third time and passed House (83-Y 14-N) |
| 02/01/2013 | VOTE: PASSAGE (83-Y 14-N) (see vote tally) |
| 02/04/2013 | Constitutional reading dispensed |
| 02/04/2013 | Referred to Committee for Courts of Justice |
| 02/11/2013 | Reported from Courts of Justice with substitute (14-Y 1-N) (see vote tally) |
| 02/11/2013 | Committee substitute printed 13105090D-S1 |
| 02/12/2013 | Constitutional reading dispensed (40-Y 0-N) (see vote tally) |
| 02/13/2013 | Read third time |
| 02/13/2013 | Reading of substitute waived |
| 02/13/2013 | Committee substitute agreed to 13105090D-S1 |
| 02/13/2013 | Passed by for the day |
| 02/14/2013 | Read third time |
| 02/14/2013 | Passed by for the day |
| 02/15/2013 | Read third time |
| 02/15/2013 | Passed by for the day |
| 02/18/2013 | Read third time |
| 02/18/2013 | Passed by for the day |
| 02/19/2013 | Read third time |
| 02/19/2013 | Passed by for the day |
| 02/20/2013 | Read third time |
| 02/20/2013 | Reading of amendment waived |
| 02/20/2013 | Amendment by Senator Carrico agreed to |
| 02/20/2013 | Engrossed by Senate - committee substitute with amendment HB2229S1 |
| 02/20/2013 | Passed Senate with substitute with amendment (31-Y 9-N) (see vote tally) |
| 02/20/2013 | Placed on Calendar |
| 02/21/2013 | Senate substitute with amendment rejected by House 13105090D-S1 (0-Y 98-N) |
| 02/21/2013 | VOTE: REJECTED (0-Y 98-N) (see vote tally) |
| 02/21/2013 | Senate insisted on substitute with amendment (37-Y 2-N) (see vote tally) |
| 02/21/2013 | Senate requested conference committee |
| 02/21/2013 | House acceded to request |
| 02/21/2013 | Conferees appointed by Senate |
| 02/21/2013 | Senators: Carrico, Saslaw, Obenshain |
| 02/21/2013 | Conferees appointed by House |
| 02/21/2013 | Delegates: Cline, Fariss, Kory |
| 02/23/2013 | No further action taken |
| 02/23/2013 | Failed to pass in House |
Comments
The ACLU of Virginia supports this legislation that would ask the federal government to take certain actions when it detains a citizen of the Commonwealth before that person is removed from the State. It builds on legislation enacted last year, HB 1160, that prohibited state and local agencies from assisting the federal government with enforcement of the National Defense Authorization Act when such action would violate the Virginia Constitution.
The ACLU of Virginia supports this legislation that would ask the federal government to take certain actions when it detains a citizen of the Commonwealth before that person is removed from the State. It builds on legislation enacted last year, HB 1160, that prohibited state and local agencies from assisting the federal government with enforcement of the National Defense Authorization Act when such action would violate the Virginia Constitution.