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)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


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 »


Bill Has Passed


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


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.


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.