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. Read the Bill »
Outcome
Bill Has Passed
History
Date | Action |
---|---|
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) |
Comments
As with HB 1274, HB 1348, and HB 1349, search warrants should be required when law enforcement is intercepting personal data.
The ACLU of Virginia supports this legislation that would prohibit use of "stingrays" to gather real time cell phone data without a warrant.