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