VirginiaDomestic and foreign corporations; corporations transacting business in Commonwealth, etc.
What it does
Search warrants; electronic records; commercial enterprise; domestic and foreign corporations. Provides that, for the purposes of search warrants, "any object, thing, or person" includes electronic records stored within or outside the Commonwealth of a commercial enterprise, whether a domestic corporation or a foreign corporation, that is transacting or has transacted any business in the Commonwealth that constitute evidence of the commission of crime. The bill requires the affidavit for any search warrant issued for such records of a foreign corporation to contain a statement that the complainant believes such records are actually or constructively possessed by such foreign corporation and provides that, in order to comply with relevant law, any search of the records of a foreign corporation shall be deemed to have been made in the same place where the search warrant was issued.The bill establishes a procedure for the execution of a search warrant for such records or other information stored outside of the Commonwealth by a commercial enterprise, whether a domestic corporation or a foreign corporation, that is transacting or has transacted any business in the Commonwealth.
More detail
The bill also provides that (i) for the purposes of responding to a subpoena served pursuant to relevant law, a foreign corporation transacting business in the Commonwealth that has a registered agent in the Commonwealth shall be deemed to have consented to service and (ii) the provisions of the bill are intended to reverse the holding in Yelp, Inc. v. Hadeed Carpet Cleaning, Inc., 289 Va. 426 (2015). Lastly, the bill directs the Joint Commission on Technology and Science and the Virginia State Crime Commission to (a) review existing statutes on service of process and subpoenas relating to electronic records and (b) provide recommendations to update such statutes relating to the use of technology in the criminal justice system. Such recommendations shall be made to the General Assembly by November 15, 2025.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2025
- Mar 21Acts of Assembly Chapter text (CHAP0345)Latest
- Mar 21Approved by Governor Glenn Youngkin-Chapter 345 (Effective 07/01/25)Became Law
- Mar 11Governor's Action Deadline 11:59 p.m., March 24, 2024To Governor
- Mar 11Enrolled Bill Communicated to Governor on March 11, 2025Minor
- Mar 10Signed by PresidentMajor
- Mar 7Signed by SpeakerMajor
- Mar 7Bill text as passed Senate and House (SB1412ER)Major
- Mar 7EnrolledMinor
- Feb 20House Amendments agreed to by Senate (39-Y 0-N)Major
- Vote recorded House Amendments agreed to by Senate (39-Y 0-N). Result: pass.Upper
- Feb 19Passed House with amendments (97-Y 0-N)Passed House
- Vote recorded Passed House (97-Y 0-N). Result: pass.Lower
- Feb 19Engrossed by House as amended
- Feb 19Courts of Justice Amendments agreed toMajor
- Feb 19Read third timeMinor
- Feb 18Read second timeMinor
- Feb 14Reported from Courts of Justice with amendment(s) (21-Y 0-N)Minor
- Vote recorded Reported from Courts of Justice with amendment(s) (21-Y 0-N). Result: pass.Lower
- Feb 10Subcommittee recommends reporting with amendment(s) (8-Y 0-N)
- Vote recorded Subcommittee recommends reporting with amendment(s) (8-Y 0-N). Result: pass.Lower
- Feb 7Assigned Courts sub: CriminalMinor
- Feb 7Referred to Committee for Courts of JusticeMinor
- Feb 7Read first timeMinor
- Feb 7Placed on Calendar
- Feb 4Passed Senate (40-Y 0-N)Passed Senate
- Vote recorded Constitutional reading dispensed (on 1st reading) (40-Y 0-N). Result: pass.Upper
- Vote recorded Constitutional reading dispensed (on 3rd reading) (40-Y 0-N). Result: pass.Upper
- Vote recorded Passed Senate (40-Y 0-N). Result: pass.Upper
- Feb 4Constitutional reading dispensed (on 3rd reading) (40-Y 0-N)
- Feb 4Rules suspended
- Feb 4Engrossed by Senate - committee substituteMajor
- Feb 4Courts of Justice Substitute agreed to
- Feb 4Reading of substitute waived
- Feb 4Read second timeMinor
- Feb 4Constitutional reading dispensed (on 1st reading) (40-Y 0-N)
- Feb 4Rules suspended
- Feb 3Committee substitute printed 25106574D-S1Major
- Vote recorded Reported from Courts of Justice with substitute (13-Y 1-N). Result: pass.Upper
- Feb 3Reported from Courts of Justice with substitute (13-Y 1-N)Minor
- Jan 15Referred to Committee for Courts of JusticeMinor
- Jan 15Presented and ordered printed 25104203DIntroduced