Detention and removal of U.S. citizen from State; SPS shall request notification within 24 hours. (HB2144)

Introduced By

Del. Ben Cline (R-Amherst) with support from co-patron Del. James Edmunds (R-South Boston)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Detention and removal of a citizen from the Commonwealth by the federal government. Provides that the Secretary of Public Safety shall request from the U.S. Secretary of Defense that, when an agency of the federal government detains any citizen pursuant to 50 U.S.C. 1541 as provided by the National Defense Authorization Act for Fiscal Year 2012 (P.L. 112-81, 1021 [providing for detention of any person "who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks" or "who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces"]), the U.S. Secretary of Defense shall provide notification within 24 hours of the detention to both the Secretary of Public Safety and the chief law-enforcement officer of the locality in which the citizen is detained and that the U.S. Secretary of Defense or his designee shall seek authorization from the chief law-enforcement officer of the locality in which the citizen is detained prior to removal of the citizen from the locality. The bill also provides that if the federal agency detaining any citizen pursuant to the National Defense Authorization Act fails to comply with either such request, funds appropriated for implementation or continuation of memoranda of understanding entered into by cabinet secretaries shall be contingent upon authorization by an act of the General Assembly in a subsequent year. Finally, the bill authorizes the Governor to terminate any memorandum of understanding for noncompliance. Read the Bill »


Bill Has Failed


01/14/2015Prefiled and ordered printed; offered 01/14/15 15102677D
01/14/2015Referred to Committee for Courts of Justice
01/20/2015Assigned Courts sub: Constitutional Law
01/28/2015Impact statement from DPB (HB2144)
01/30/2015Subcommittee recommends reporting (8-Y 0-N)
02/04/2015Reported from Courts of Justice (20-Y 0-N) (see vote tally)
02/06/2015Read first time
02/09/2015Read second time and engrossed
02/10/2015Read third time and passed House (96-Y 4-N)
02/10/2015VOTE: PASSAGE (96-Y 4-N) (see vote tally)
02/11/2015Constitutional reading dispensed
02/11/2015Referred to Committee for Courts of Justice
02/23/2015Reported from Courts of Justice (7-Y 6-N) (see vote tally)
02/24/2015Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/24/2015Passed by for the day
02/24/2015Reconsideration of Passed by for the day agreed to (37-Y 1-N) (see vote tally)
02/24/2015Motion to recommit to committee agreed to
02/24/2015Recommitted to Courts of Justice
02/24/2015Left in Courts of Justice


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 7 minutes.


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

The ACLU of Virginia supports this legislation.

Kirby Myers writes:

The Tenth Amendment Center supports this legislation.