Pen register or trap and trace device; court allowed to issue an order for installation. (HB176)

Introduced By

Del. Dave Albo (R-Springfield)

Progress

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

Description

Installation of pen register or trap and trace device; jurisdiction. Allows a court in the jurisdiction where an ongoing criminal investigation is being conducted or where there is probable cause to believe an offense was committed, is being committed, or will be committed to issue an order approving the installation and use of a pen register or trap and trace device. Currently, only a court in the jurisdiction where the person who will be the subject of the pen register or trap and trace device lives, works, or maintains an address or a post office box may order its installation. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
12/23/2015Committee
12/23/2015Prefiled and ordered printed; offered 01/13/16 16101074D
12/23/2015Referred to Committee for Courts of Justice
01/14/2016Assigned to sub: Subcommittee Criminal Law
01/14/2016Assigned App. sub: Subcommittee Criminal Law
01/14/2016Assigned Courts sub:
01/27/2016Subcommittee recommends reporting (9-Y 0-N)
02/03/2016Reported from Courts of Justice (21-Y 0-N) (see vote tally)
02/05/2016Read first time
02/08/2016Read second time and engrossed
02/09/2016Read third time and passed House BLOCK VOTE (99-Y 0-N)
02/09/2016VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) (see vote tally)
02/10/2016Constitutional reading dispensed
02/10/2016Referred to Committee for Courts of Justice
02/22/2016Reported from Courts of Justice (13-Y 0-N) (see vote tally)
02/23/2016Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/24/2016Read third time
02/24/2016Passed Senate (40-Y 0-N) (see vote tally)
02/25/2016Enrolled
02/25/2016Bill text as passed House and Senate (HB176ER)
02/25/2016Signed by Speaker
02/26/2016Signed by President
02/29/2016Enrolled Bill communicated to Governor on 2/29/16
02/29/2016G Governor's Action Deadline Midnight, March 7, 2016
03/04/2016G Approved by Governor-Chapter 231 (effective 7/1/16)
03/04/2016G Acts of Assembly Chapter text (CHAP0231)

Comments

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

The ACLU of VA opposes this bill. Police and prosecutors should not be able to "forum shop" for a sympathetic judge to issue a warrant for such devices. They should be limited to the jurisdiction where the subject resides if they are seeking a warrant to track potential suspects.