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