Arrests; law-enforcement agency to report, etc. (HB1266)

Introduced By

Del. David Toscano (D-Charlottesville)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Report of arrests; fingerprints; trespass; disorderly conduct. Requires that a law-enforcement agency make a report of any arrest of a person for trespassing (§ 18.2-119) or disorderly conduct (§ 18.2-415) to the Central Criminal Records Exchange and that such report be accompanied by the fingerprints and photograph of the person arrested. Under current law, such a report is required for all other misdemeanors punishable by confinement in jail under Title 18.2 (Crimes and Offenses Generally). This bill is a recommendation of the Virginia State Crime Commission. This bill is identical to SB 566. Read the Bill »


Bill Has Passed


01/10/2018Prefiled and ordered printed; offered 01/10/18 18103931D
01/10/2018Referred to Committee for Courts of Justice
01/18/2018Assigned Courts sub: Subcommittee #1
01/24/2018Impact statement from DPB (HB1266)
01/26/2018Subcommittee recommends reporting (7-Y 0-N)
01/29/2018Reported from Courts of Justice (18-Y 0-N) (see vote tally)
01/31/2018Read first time
02/01/2018Read second time and engrossed
02/02/2018Read third time and passed House BLOCK VOTE (98-Y 0-N)
02/02/2018VOTE: BLOCK VOTE PASSAGE (98-Y 0-N) (see vote tally)
02/05/2018Constitutional reading dispensed
02/05/2018Referred to Committee for Courts of Justice
02/12/2018Reported from Courts of Justice (13-Y 2-N) (see vote tally)
02/13/2018Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/14/2018Read third time
02/14/2018Passed Senate (34-Y 5-N 1-A) (see vote tally)
02/16/2018Bill text as passed House and Senate (HB1266ER)
02/16/2018Signed by Speaker
02/19/2018Signed by President
02/19/2018Impact statement from DPB (HB1266ER)
02/19/2018Enrolled Bill communicated to Governor on February 19, 2018
02/19/2018G Governor's Action Deadline Midnight, February 26, 2018
02/26/2018G Approved by Governor-Chapter 51 (effective 7/1/18)
02/26/2018G Acts of Assembly Chapter text (CHAP0051)


ACLU-VA Police Practices, tracking this bill in Photosynthesis, notes:

The ACLU of Virginia opposes this bill that would require law enforcement to report to the Central Criminal Records Exchange the arrest of any person taken into custody for trespass or disorderly conduct in public. This requirement will create or expand the criminal record of people who are arrested in the context of first amendment activities who charges are later dropped and the homeless who are often arrested on such charges. There is no clear benefit to changing the current law which does not require arrests for these minor, non-violent misdemeanors to be engraved on a person's criminal record that can then be used against them in seeking employment, among other things.