Telecommunication records; warrant requirement, prohibition on collection by law enforcement. (HB1408)

Introduced By

Del. Bob Marshall (R-Manassas) with support from co-patron Del. Mark Berg (R-Winchester)

Progress

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

Description

Warrant requirement for certain telecommunications records; prohibition on collection by law enforcement. Provides that if an investigative or law-enforcement officer would be required to obtain a search warrant in order to obtain the contents of electronic communications or real-time location data from a provider of electronic communication service or remote computing service, the officer shall not use any device to intercept such communications or collect such real-time location data without first obtaining a search warrant authorizing the use of the device. Amends § 19.2-70.3, of the Code of Virginia. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
12/18/2014Committee
12/18/2014Prefiled and ordered printed; offered 01/14/15 15100226D
12/18/2014Referred to Committee for Courts of Justice
01/13/2015Assigned Courts sub: Criminal Law
01/14/2015Subcommittee recommends reporting with amendment(s) (10-Y 0-N)
01/28/2015Reported from Courts of Justice with substitute (21-Y 0-N) (see vote tally)
01/28/2015Committee substitute printed 15103758D-H1
01/28/2015Incorporates HB1348
01/30/2015Read first time
02/02/2015Read second time
02/02/2015Committee substitute agreed to 15103758D-H1
02/02/2015Engrossed by House - committee substitute HB1408H1
02/03/2015Read third time and passed House BLOCK VOTE (98-Y 0-N)
02/03/2015VOTE: BLOCK VOTE PASSAGE (98-Y 0-N) (see vote tally)
02/04/2015Constitutional reading dispensed
02/04/2015Referred to Committee for Courts of Justice
02/11/2015Reported from Courts of Justice (13-Y 0-N) (see vote tally)
02/13/2015Constitutional reading dispensed (37-Y 0-N) (see vote tally)
02/16/2015Read third time
02/16/2015Passed Senate (38-Y 0-N) (see vote tally)
02/19/2015Enrolled
02/19/2015Bill text as passed House and Senate (HB1408ER)
02/19/2015Signed by Speaker
02/20/2015Signed by President
02/23/2015G Governor's Action Deadline Midnight, Monday, March 30, 2015
02/23/2015Enrolled Bill communicated to Governor on 2/23/15
02/23/2015G Governor's Action Deadline Midnight, Sunday, March 29, 2015
03/10/2015G Approved by Governor-Chapter 43 (effective 7/1/15)
03/10/2015G Acts of Assembly Chapter text (CHAP0043)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 3 minutes.

Comments

J P Welch writes:

As with HB 1274, HB 1348, and HB 1349, search warrants should be required when law enforcement is intercepting personal data.

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

The ACLU of Virginia supports this legislation that would prohibit use of "stingrays" to gather real time cell phone data without a warrant.