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

02/20/2013: Passed the Senate

History

DateAction
01/11/2013Committee
01/11/2013Presented and ordered printed 13103669D
01/11/2013Referred to Committee on Militia, Police and Public Safety
01/22/2013Assigned MPPS sub: #2
01/22/2013Impact statement from DPB (HB2229)
01/24/2013Subcommittee recommends reporting with amendment(s) (8-Y 0-N)
01/25/2013Reported from Militia, Police and Public Safety with substitute (19-Y 3-N) (see vote tally)
01/25/2013Committee substitute printed 13104522D-H1
01/28/2013Read first time
01/29/2013Impact statement from DPB (HB2229H1)
01/29/2013Passed by for the day
01/30/2013Passed by for the day
01/31/2013Read second time
01/31/2013Committee substitute agreed to 13104522D-H1
01/31/2013Engrossed by House - committee substitute HB2229H1
02/01/2013Read third time and passed House (83-Y 14-N)
02/01/2013VOTE: PASSAGE (83-Y 14-N) (see vote tally)
02/04/2013Constitutional reading dispensed
02/04/2013Referred to Committee for Courts of Justice
02/11/2013Reported from Courts of Justice with substitute (14-Y 1-N) (see vote tally)
02/11/2013Committee substitute printed 13105090D-S1
02/12/2013Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/13/2013Read third time
02/13/2013Reading of substitute waived
02/13/2013Committee substitute agreed to 13105090D-S1
02/13/2013Passed by for the day
02/14/2013Read third time
02/14/2013Passed by for the day
02/15/2013Read third time
02/15/2013Passed by for the day
02/18/2013Read third time
02/18/2013Passed by for the day
02/19/2013Read third time
02/19/2013Passed by for the day
02/20/2013Read third time
02/20/2013Reading of amendment waived
02/20/2013Amendment by Senator Carrico agreed to
02/20/2013Engrossed by Senate - committee substitute with amendment HB2229S1
02/20/2013Passed Senate with substitute with amendment (31-Y 9-N) (see vote tally)
02/20/2013Placed on Calendar
02/21/2013Senate substitute with amendment rejected by House 13105090D-S1 (0-Y 98-N)
02/21/2013VOTE: REJECTED (0-Y 98-N) (see vote tally)
02/21/2013Senate insisted on substitute with amendment (37-Y 2-N) (see vote tally)
02/21/2013Senate requested conference committee
02/21/2013House acceded to request
02/21/2013Conferees appointed by Senate
02/21/2013Senators: Carrico, Saslaw, Obenshain
02/21/2013Conferees appointed by House
02/21/2013Delegates: Cline, Fariss, Kory
02/23/2013No further action taken
02/23/2013Failed to pass in House

Video

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.

Comments

ACLU-VA Criminal Justice, tracking this bill in Photosynthesis, notes:

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.

ACLU-VA Privacy Rights, tracking this bill in Photosynthesis, notes:

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.