Virginia House Bill 2129 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Strong Partisan Bill (Democrat 13-1)
Status: Failed on February 25 2023 - 100% progression
Action: 2023-02-25 - Failed to pass in House
Text: Latest bill text (Comm Sub) [HTML]

Child victims and witnesses using two-way closed-circuit television; standard. Expands the age range that a child may testify using two-way closed-circuit television in a criminal case to any child younger than 18 years of age at the time of the trial. Under current law, an alleged victim must be 14 years of age or younger at the time of the alleged offense and 16 years of age or younger at the time of the trial and a child witness must be 14 years of age or younger at the time of the trial to testify by two-way closed-circuit television. The bill also provides that the court may order that the testimony of a child be taken by closed-circuit television if it finds that the child is unavailable to testify in open court in the presence of the defendant, the jury, the judge, and the public if the court finds, by a preponderance of the evidence, based upon expert opinion testimony, that the child will suffer emotional trauma that is more than de minimis as a result of testifying in the defendant's presence and not the courtroom generally. Under current law, the court may order such testimony be taken by closed-circuit television if there is a substantial likelihood, based upon expert opinion testimony, that the child will suffer severe emotional trauma from so testifying. Child victims and witnesses using two-way closed-circuit television; standard. Expands the age range that a child may testify using two-way closed-circuit television in a criminal case to any child younger than 18 years of age at the time of the trial. Under current law, an alleged victim must be 14 years of age or younger at the time of the alleged offense and 16 years of age or younger at the time of the trial and a child witness must be 14 years of age or younger at the time of the trial to testify by two-way closed-circuit television. The bill also provides that the court may order that the testimony of a child be taken by closed-circuit television if it finds that the child is unavailable to testify in open court in the presence of the defendant, the jury, the judge, and the public if the court finds, by a preponderance of the evidence, based upon expert opinion testimony, that the child will suffer emotional trauma that is more than de minimis as a result of testifying in the defendant's presence and not the courtroom generally. Under current law, the court may order such testimony be taken by closed-circuit television if there is a substantial likelihood, based upon expert opinion testimony, that the child will suffer severe emotional trauma from so testifying.

Child victims and witnesses; using two-way closed-circuit television, expands age range.

Del. Karrie Delaney [D]	Del. Dawn Adams [D]	Del. Timothy Anderson [R]	Del. Nadarius Clark [D]
Del. Elizabeth Guzman [D]	Del. Clinton Jenkins [D]	Del. Michelle Maldonado [D]	Del. Marcia Price [D]
Del. Sam Rasoul [D]	Sen. Danica Roem [D]	Del. Irene Shin [D]	Del. Shelly Simonds [D]
Sen. Suhas Subramanyam [D]	Sen. Angelia Williams Graves [D]

2023-02-23 - House - House: VOTE: Adoption (0-Y 85-N) (Y: 0 N: 85 NV: 0 Abs: 15) [FAIL]
2023-02-23 - Senate - Senate: Senate insisted on substitute with amendments (37-Y 0-N) (Y: 37 N: 0 NV: 0 Abs: 3) [PASS]
2023-02-23 - Senate - Senate: Passed Senate with substitute with amendments (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2023-02-23 - Senate - Senate: Amendments by Senator Boysko rejected (10-Y 29-N) (Y: 10 N: 29 NV: 0 Abs: 1) [FAIL]
2023-02-20 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2023-02-16 - Senate - Senate: Reported from Finance and Appropriations with amendment (13-Y 3-N) (Y: 13 N: 3 NV: 0 Abs: 0) [PASS]
2023-02-15 - Senate - Senate: Reported from Judiciary with substitute (10-Y 5-N) (Y: 10 N: 5 NV: 0 Abs: 0) [PASS]
2023-02-03 - House - House: VOTE: Block Vote Passage (99-Y 0-N) (Y: 99 N: 0 NV: 0 Abs: 1) [PASS]
2023-01-30 - House - House: Reported from Appropriations (22-Y 0-N) (Y: 22 N: 0 NV: 0 Abs: 0) [PASS]
2023-01-30 - House - House: Subcommittee recommends reporting (8-Y 0-N) (Y: 8 N: 0 NV: 0 Abs: 0) [PASS]
2023-01-27 - House - House: Reported from Courts of Justice with substitute (20-Y 0-N) (Y: 20 N: 0 NV: 0 Abs: 0) [PASS]
2023-01-23 - House - House: Subcommittee recommends reporting with substitute (8-Y 0-N) (Y: 8 N: 0 NV: 0 Abs: 0) [PASS]

Date	Chamber	Action
2023-02-25	House	Failed to pass in House
2023-02-25	House	No further action taken
2023-02-23	Senate	Senators: Surovell, Morrissey, Norment
2023-02-23	Senate	Conferees appointed by Senate
2023-02-23	House	Delegates: Delaney, Bell, Ballard
2023-02-23	House	Conferees appointed by House
2023-02-23	House	House acceded to request
2023-02-23	Senate	Senate requested conference committee
2023-02-23	Senate	Senate insisted on substitute with amendments (37-Y 0-N)
2023-02-23	House	VOTE: Adoption (0-Y 85-N)
2023-02-23	House	Senate substitute with amendments rejected by House 23107007D-S1 (0-Y 85-N)
2023-02-23	Senate	Passed Senate with substitute with amendments (39-Y 0-N)
2023-02-23	Senate	Engrossed by Senate - committee substitute with amendments HB2129S1
2023-02-23	Senate	Amendment by Senator Surovell agreed to
2023-02-23	Senate	Reading of amendment waived
2023-02-23	Senate	Passed by temporarily
2023-02-23	Senate	Amendments by Senator Boysko rejected (10-Y 29-N)
2023-02-23	Senate	Reading of Boysko amendments waived
2023-02-23	Senate	Amendment by Senator Surovell withdrawn
2023-02-23	Senate	Reading of Surovell amendment waived
2023-02-23	Senate	Passed by temporarily
2023-02-23	Senate	Read third time
2023-02-22	Senate	Passed by for the day
2023-02-21	Senate	Passed by for the day
2023-02-21	Senate	Committee amendment agreed to
2023-02-21	Senate	Reading of amendment waived
2023-02-21	Senate	Committee substitute agreed to 23107007D-S1
2023-02-21	Senate	Reading of substitute waived
2023-02-21	Senate	Read third time
2023-02-20	Senate	Constitutional reading dispensed (40-Y 0-N)
2023-02-16	Senate	Reported from Finance and Appropriations with amendment (13-Y 3-N)
2023-02-15	Senate	Rereferred to Finance and Appropriations
2023-02-15	Senate	Committee substitute printed 23107007D-S1
2023-02-15	Senate	Reported from Judiciary with substitute (10-Y 5-N)
2023-02-06	Senate	Referred to Committee on the Judiciary
2023-02-06	Senate	Constitutional reading dispensed
2023-02-03	House	VOTE: Block Vote Passage (99-Y 0-N)
2023-02-03	House	Read third time and passed House BLOCK VOTE (99-Y 0-N)
2023-02-02	House	Engrossed by House - committee substitute HB2129H1
2023-02-02	House	Committee substitute agreed to 23105150D-H1
2023-02-02	House	Read second time
2023-02-01	House	Read first time
2023-01-30	House	Reported from Appropriations (22-Y 0-N)
2023-01-30	House	Subcommittee recommends reporting (8-Y 0-N)
2023-01-27	House	Assigned App. sub: Transportation & Public Safety
2023-01-27	House	Referred to Committee on Appropriations
2023-01-27	House	Committee substitute printed 23105150D-H1
2023-01-27	House	Reported from Courts of Justice with substitute (20-Y 0-N)
2023-01-23	House	Subcommittee recommends reporting with substitute (8-Y 0-N)
2023-01-19	House	Assigned Courts sub: Subcommittee #1
2023-01-10	House	Referred to Committee for Courts of Justice
2023-01-10	House	Prefiled and ordered printed; offered 01/11/23 23103472D

Chapter	Article	Section	Citation Type	Statute Text
18	2	67.9	(n/a)	See Bill Text

Type	Source
Summary	https://lis.virginia.gov/cgi-bin/legp604.exe?231+sum+HB2129
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+HB2129+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+HB2129H1+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+HB2129S1+hil
Amendment	https://committees.lis.virginia.gov/pdfs/drafts/23105150D.pdf
Amendment	https://committees.lis.virginia.gov/pdfs/23105150D.pdf
Amendment	https://committees.lis.virginia.gov/pdfs/drafts/23107085A.pdf
Amendment	https://lis.virginia.gov/cgi-bin/legp604.exe?231+amd+HB2129AS
Amendment	https://lis.virginia.gov/cgi-bin/legp604.exe?231+amd+HB2129ASE
Amendment	https://lis.virginia.gov/cgi-bin/legp604.exe?231+amd+HB2129ASR
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?231+oth+HB2129FH1122+PDF
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?231+oth+HB2129FS1122+PDF
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+H0801V0135+HB2129
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+H08V0097+HB2129
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+H0207V0011+HB2129
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+H02V0040+HB2129
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+HV1363+HB2129
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+S03V0279+HB2129
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+S05V0448+HB2129
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+SV0630HB2129+HB2129
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+SV0898HB2129+HB2129
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+SV0904HB2129+HB2129
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+SV0913HB2129+HB2129
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+HV2325+HB2129