VA HB1 | 2010 | Regular Session
Status
Completed Legislative Action
Spectrum: Partisan Bill (Republican 1-0)
Status: Passed on April 11 2010 - 100% progression
Action: 2010-04-11 - Governor: Acts of Assembly Chapter text (CHAP0489)
Text: Latest bill text (Chaptered) [HTML]
Spectrum: Partisan Bill (Republican 1-0)
Status: Passed on April 11 2010 - 100% progression
Action: 2010-04-11 - Governor: Acts of Assembly Chapter text (CHAP0489)
Text: Latest bill text (Chaptered) [HTML]
Summary
Unsolicited commercial electronic mail (spam); penalty. Narrows the scope of the existing spam statute to cover only those emails that constitute unsolicited commercial electronic mail (spam). Commercial electronic mail is defined in the bill as electronic mail, the primary purpose of which is the advertisement or promotion of a commercial product or service. Spam is defined as a subset of commercial mail that is unsolicited. The definition of spam excludes emails that are transmitted by a sender to a person with whom the sender has an existing business or personal relationship. Any person who (i) falsifies or forges the transmission or routing information of spam or (ii) knowingly sells, gives, or distributes software designed to facilitate the transmission of spam is guilty of a Class 1 misdemeanor. The penalty for sending spam rises to a Class 6 felony if the person sends a certain volume of spam in a given time period or generates a certain amount of revenue from a spam transmission. This bill corrects a constitutional infirmity identified in the ruling of the Virginia Supreme Court in Jaynes v. Commonwealth, 276 Va. 443 (2008). In its opinion the Supreme Court held that Virginia Code §18.2-152.3:1 (anti-spam statute) is unconstitutionally overbroad on its face because it prohibits the anonymous transmission of all unsolicited bulk emails, including those containing political, religious, or other speech protected by the First Amendment of the Constitution.
Title
Electronic mail, unsolicited commercial; narrows scope of spam statute, penalty.
Sponsors
Roll Calls
2010-03-05 - Senate - Senate: Passed Senate (39-Y 0-N) (Y: 39 N: 0 NV: 1 Abs: 0) [PASS]
2010-03-04 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 1 Abs: 0) [PASS]
2010-03-03 - Senate - Senate: Reported from Finance (12-Y 0-N) (Y: 12 N: 0 NV: 0 Abs: 0) [PASS]
2010-03-01 - Senate - Senate: Reported from Courts of Justice (14-Y 0-N) (Y: 14 N: 0 NV: 0 Abs: 0) [PASS]
2010-02-16 - House - House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) (Y: 101 N: 0 NV: 0 Abs: 0) [PASS]
2010-02-10 - House - House: Reported from Courts of Justice with substitute (22-Y 0-N) (Y: 23 N: 0 NV: 0 Abs: 0) [PASS]
2010-02-03 - House - House: Subcommittee recommends reporting with amendment(s) (6-Y 0-N) (Y: 7 N: 0 NV: 3 Abs: 0) [PASS]
2010-03-04 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 1 Abs: 0) [PASS]
2010-03-03 - Senate - Senate: Reported from Finance (12-Y 0-N) (Y: 12 N: 0 NV: 0 Abs: 0) [PASS]
2010-03-01 - Senate - Senate: Reported from Courts of Justice (14-Y 0-N) (Y: 14 N: 0 NV: 0 Abs: 0) [PASS]
2010-02-16 - House - House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) (Y: 101 N: 0 NV: 0 Abs: 0) [PASS]
2010-02-10 - House - House: Reported from Courts of Justice with substitute (22-Y 0-N) (Y: 23 N: 0 NV: 0 Abs: 0) [PASS]
2010-02-03 - House - House: Subcommittee recommends reporting with amendment(s) (6-Y 0-N) (Y: 7 N: 0 NV: 3 Abs: 0) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2010-04-11 | Governor: Acts of Assembly Chapter text (CHAP0489) | |
| 2010-04-11 | Governor: Approved by Governor-Chapter 489 (effective 7/1/10) | |
| 2010-03-13 | Senate: Signed by President | |
| 2010-03-12 | House: Signed by Speaker | |
| 2010-03-12 | House: Bill text as passed House and Senate (HB1ER) | |
| 2010-03-12 | House: Enrolled | |
| 2010-03-05 | Senate: Passed Senate (39-Y 0-N) | |
| 2010-03-05 | Senate: Read third time | |
| 2010-03-04 | Senate: Constitutional reading dispensed (39-Y 0-N) | |
| 2010-03-03 | Senate: Reported from Finance (12-Y 0-N) | |
| 2010-03-01 | Senate: Rereferred to Finance | |
| 2010-03-01 | Senate: Reported from Courts of Justice (14-Y 0-N) | |
| 2010-02-24 | Senate: Assigned Courts sub: Criminal | |
| 2010-02-17 | Senate: Referred to Committee for Courts of Justice | |
| 2010-02-17 | Senate: Constitutional reading dispensed | |
| 2010-02-16 | House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) | |
| 2010-02-16 | House: Read third time and passed House BLOCK VOTE (99-Y 0-N) | |
| 2010-02-15 | House: Printed as engrossed 10100741D-EH1 | |
| 2010-02-15 | House: Engrossed by House - committee substitute with amendments HB1EH1 | |
| 2010-02-15 | House: Amendments by Delegate Loupassi agreed to | |
| 2010-02-15 | House: Committee substitute agreed to 10100741D-H1 | |
| 2010-02-15 | House: Read second time | |
| 2010-02-12 | House: Read first time | |
| 2010-02-10 | House: Committee substitute printed 10100741D-H1 | |
| 2010-02-10 | House: Reported from Courts of Justice with substitute (22-Y 0-N) | |
| 2010-02-03 | House: Subcommittee recommends reporting with amendment(s) (6-Y 0-N) | |
| 2010-01-28 | House: Assigned Courts sub: #1 Criminal | |
| 2009-11-16 | House: Referred to Committee for Courts of Justice | |
| 2009-11-16 | House: Prefiled and ordered printed; offered 01/13/10 10100110D |
Code Citations
| Chapter | Article | Section | Citation Type | Statute Text |
|---|---|---|---|---|
| 18 | 2 | 152.2 | (n/a) | See Bill Text |
| 18 | 2 | 152.3:1 | (n/a) | See Bill Text |
