Electronic communication or remote computing devices; warrant requirement for certain records. (HB17)

Introduced By

Del. Bob Marshall (R-Manassas) with support from co-patrons Del. Betsy Carr (D-Richmond), and Del. Ben Cline (R-Amherst)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Warrant requirement for cellular telephone, etc., as tracking device and obtaining location data. Provides that a cellular phone or other wireless telecommunications device is a tracking device when it is used to track the movement of a person and that such use requires a warrant issued by a judicial officer. The bill also provides that the "location data" of a customer of an electronic communication service or a remote computing service may only be retrieved from the provider by warrant or consent of the customer. Location data is defined as any data or information that tracks, either at a point in time or over a period of time, the location of a subscriber to or customer of a provider of electronic communication service or a remote computing service as determined by the location of an electronic device to which the subscriber or customer has legal title, claim, right, custody, or ultimate control. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
11/20/2013Committee
11/20/2013Prefiled and ordered printed; offered 01/08/14 14100125D
11/20/2013Referred to Committee for Courts of Justice
01/10/2014Assigned Courts sub: Criminal
02/05/2014Subcommittee recommends reporting with amendment(s) (10-Y 0-N)
02/07/2014Reported from Courts of Justice with substitute (22-Y 0-N) (see vote tally)
02/07/2014Committee substitute printed 14104361D-H1
02/08/2014Read first time
02/10/2014Incorporates HB817
02/10/2014Read second time
02/10/2014Committee substitute agreed to 14104361D-H1
02/10/2014Engrossed by House - committee substitute HB17H1
02/11/2014Read third time and passed House BLOCK VOTE (99-Y 0-N)
02/11/2014VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) (see vote tally)
02/12/2014Constitutional reading dispensed
02/12/2014Referred to Committee for Courts of Justice
02/24/2014Reported from Courts of Justice with substitute (14-Y 1-N) (see vote tally)
02/24/2014Committee substitute printed 14105228D-S1
02/25/2014Constitutional reading dispensed (40-Y 0-N)
02/26/2014Read third time
02/26/2014Reading of substitute waived
02/26/2014Committee substitute agreed to 14105228D-S1
02/26/2014Reading of amendment waived
02/26/2014Amendment by Senator McEachin agreed to
02/26/2014Engrossed by Senate - committee substitute with amendment HB17S1
02/26/2014Passed by temporarily
02/26/2014Passed Senate with substitute with amendment (38-Y 0-N)
02/26/2014Reconsideration of House substitute with amendment agreed to by Senate (39-Y 0-N)
02/26/2014Passed Senate with substitute with amendment (39-Y 0-N)
02/28/2014Senate substitute with amendment agreed to by House 14105228D-S1 (97-Y 0-N)
02/28/2014VOTE: ADOPTION (97-Y 0-N) (see vote tally)
03/05/2014Enrolled
03/05/2014Bill text as passed House and Senate (HB17ER)
03/05/2014Signed by Speaker
03/08/2014Signed by President
03/31/2014G Approved by Governor-Chapter 388 (effective 7/1/14)
03/31/2014G Acts of Assembly Chapter text (CHAP0388)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 4 clips in all, totaling 10 minutes.

Comments

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

The ACLU of Virginia supports legislation that requires law enforcement agencies to obtain warrants before gathering individual data using new technologies. This bill simply applies to cell phones requirements that already apply to the use of GPS tracking by law enforcement.

H Hrobuchak writes:

I agree with the ACLU! Keep up the good work Delegate Marshall!