Virginia Freedom of Information Act; disclosure of certain criminal records. (HB734)

Introduced By

Del. Rob Bell (R-Charlottesville)

Progress

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

Description

Virginia Freedom of Information Act; disclosure of certain criminal records. Provides that (i) criminal investigative files relating to a criminal investigation or proceeding that is not ongoing are excluded from the mandatory disclosure provisions of the Virginia Freedom of Information Act, though they may be disclosed by the custodian of such records to certain individuals except as otherwise provided in the bill, and (ii) with the exception of disclosure to an attorney representing a petitioner or inspection by an attorney or a person proceeding pro se in a petition for a writ of habeas corpus or writ of actual innocence or any other federal or state post-conviction proceeding or pardon, no criminal investigative file or portion thereof shall be disclosed to any requester except (a) the victim; (b) the victim's immediate family members, if the victim is deceased and the immediate family member to which the records are to be disclosed is not a person of interest or a suspect in the criminal investigation; or (c) the victim's parent or guardian, if the victim is a minor and the parent or guardian is not a person of interest or a suspect in the criminal investigation or proceeding, unless the public body has made reasonable efforts to notify any such individual of the request for such information. Upon receipt of notice that a public body has received a request for criminal investigative files, such persons shall have 14 days to file in an appropriate court for an injunction to prevent disclosure of the records and the time period within which the public body has to respond to the underlying request shall be tolled pending the notification process and any subsequent disposition by the court. The bill requires the court to consider certain information in making its determination and provides that a public body shall be prohibited from responding to the request until at least 14 days have passed from the time notice was received by any such individual listed in clauses (a), (b), or (c) and shall not disclose any criminal investigative files if the court awards an injunction. This bill incorporates HB 890. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/11/2022Committee
01/11/2022Prefiled and ordered printed; offered 01/12/22 22100814D
01/11/2022Referred to Committee on General Laws
01/21/2022Assigned GL sub: Subcommittee #4
01/25/2022Impact statement from DPB (HB734)
02/08/2022House subcommittee amendments and substitutes offered
02/08/2022Subcommittee recommends reporting with substitute (5-Y 3-N)
02/09/2022House subcommittee amendments and substitutes offered
02/10/2022House committee, floor amendments and substitutes offered
02/10/2022Reported from General Laws with substitute (12-Y 10-N) (see vote tally)
02/10/2022Committee substitute printed 22106405D-H1
02/13/2022Read first time
02/14/2022Read second time
02/14/2022Committee substitute agreed to 22106405D-H1
02/14/2022Engrossed by House - committee substitute HB734H1
02/15/2022Impact statement from DPB (HB734H1)
02/15/2022Read third time and passed House (54-Y 45-N)
02/15/2022VOTE: Passage (54-Y 45-N) (see vote tally)
02/16/2022Constitutional reading dispensed
02/16/2022Referred to Committee on General Laws and Technology
03/02/2022Senate committee, floor amendments and substitutes offered
03/02/2022Reported from General Laws and Technology with substitute (9-Y 5-N 1-A) (see vote tally)
03/02/2022Committee substitute printed 22107370D-S1
03/04/2022Passed by for the day
03/04/2022Impact statement from DPB (HB734S1)
03/07/2022Constitutional reading dispensed (38-Y 0-N) (see vote tally)
03/08/2022Read third time
03/08/2022Reading of substitute waived
03/08/2022Committee substitute agreed to 22107370D-S1
03/08/2022Reading of amendment waived
03/08/2022Amendment by Senator Surovell agreed to
03/08/2022Engrossed by Senate - committee substitute with amendment HB734S1
03/08/2022Passed Senate with substitute with amendment (26-Y 13-N) (see vote tally)
03/09/2022Senate substitute with amendment rejected by House 22107370D-S1 (0-Y 98-N)
03/09/2022VOTE: Adoption (0-Y 98-N) (see vote tally)
03/10/2022Senate insisted on substitute with amendment (40-Y 0-N) (see vote tally)
03/10/2022Senate requested conference committee
03/10/2022House acceded to request
03/10/2022Conferees appointed by House
03/10/2022Delegates: Bell, Leftwich, Delaney
03/10/2022Conferees appointed by Senate
03/10/2022Senators: Surovell, Bell, Stuart
03/12/2022C Amended by conference committee
03/12/2022Conference substitute printed 22107936D-H2
03/12/2022Conference report agreed to by House (55-Y 39-N)
03/12/2022VOTE: Adoption (55-Y 39-N) (see vote tally)
03/12/2022Conference report agreed to by Senate (25-Y 15-N) (see vote tally)
03/16/2022Impact statement from DPB (HB734H2)
03/21/2022Enrolled
03/21/2022Bill text as passed House and Senate (HB734ER)
03/21/2022Impact statement from DPB (HB734ER)
03/21/2022Signed by President
03/22/2022Signed by Speaker
03/22/2022Enrolled Bill communicated to Governor on March 22, 2022
03/22/2022G Governor's Action Deadline 11:59 p.m., April 11, 2022
04/11/2022G Approved by Governor-Chapter 386 (effective 7/1/22)
04/11/2022G Acts of Assembly Chapter text (CHAP0386)

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