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. Read the Bill »


Bill Has Passed


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)
02/19/2015Bill 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)


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.