VA HB734 | 2022 | Regular Session
Status
Completed Legislative Action
Spectrum: Partisan Bill (Republican 1-0)
Status: Passed on April 11 2022 - 100% progression
Action: 2022-04-11 - Governor: Acts of Assembly Chapter text (CHAP0386)
Text: Latest bill text (Chaptered) [HTML]
Spectrum: Partisan Bill (Republican 1-0)
Status: Passed on April 11 2022 - 100% progression
Action: 2022-04-11 - Governor: Acts of Assembly Chapter text (CHAP0386)
Text: Latest bill text (Chaptered) [HTML]
Summary
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.
Title
Virginia Freedom of Information Act; disclosure of certain criminal records.
Sponsors
| Del. Robert Bell [R] |
Roll Calls
2022-03-12 - Senate - Senate: Conference report agreed to by Senate (25-Y 15-N) (Y: 25 N: 15 NV: 0 Abs: 0) [PASS]
2022-03-12 - House - House: VOTE: Adoption (55-Y 39-N) (Y: 55 N: 39 NV: 0 Abs: 6) [PASS]
2022-03-10 - Senate - Senate: Senate insisted on substitute with amendment (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2022-03-09 - House - House: VOTE: Adoption (0-Y 98-N) (Y: 0 N: 98 NV: 0 Abs: 2) [FAIL]
2022-03-08 - Senate - Senate: Passed Senate with substitute with amendment (26-Y 13-N) (Y: 26 N: 13 NV: 0 Abs: 1) [PASS]
2022-03-07 - Senate - Senate: Constitutional reading dispensed (38-Y 0-N) (Y: 38 N: 0 NV: 0 Abs: 2) [PASS]
2022-03-02 - Senate - Senate: Reported from General Laws and Technology with substitute (9-Y 5-N 1-A) (Y: 9 N: 5 NV: 1 Abs: 0) [PASS]
2022-02-15 - House - House: VOTE: Passage (54-Y 45-N) (Y: 54 N: 45 NV: 0 Abs: 1) [PASS]
2022-02-10 - House - House: Reported from General Laws with substitute (12-Y 10-N) (Y: 12 N: 10 NV: 0 Abs: 0) [PASS]
2022-02-08 - House - House: Subcommittee recommends reporting with substitute (5-Y 3-N) (Y: 5 N: 3 NV: 0 Abs: 0) [PASS]
2022-03-12 - House - House: VOTE: Adoption (55-Y 39-N) (Y: 55 N: 39 NV: 0 Abs: 6) [PASS]
2022-03-10 - Senate - Senate: Senate insisted on substitute with amendment (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2022-03-09 - House - House: VOTE: Adoption (0-Y 98-N) (Y: 0 N: 98 NV: 0 Abs: 2) [FAIL]
2022-03-08 - Senate - Senate: Passed Senate with substitute with amendment (26-Y 13-N) (Y: 26 N: 13 NV: 0 Abs: 1) [PASS]
2022-03-07 - Senate - Senate: Constitutional reading dispensed (38-Y 0-N) (Y: 38 N: 0 NV: 0 Abs: 2) [PASS]
2022-03-02 - Senate - Senate: Reported from General Laws and Technology with substitute (9-Y 5-N 1-A) (Y: 9 N: 5 NV: 1 Abs: 0) [PASS]
2022-02-15 - House - House: VOTE: Passage (54-Y 45-N) (Y: 54 N: 45 NV: 0 Abs: 1) [PASS]
2022-02-10 - House - House: Reported from General Laws with substitute (12-Y 10-N) (Y: 12 N: 10 NV: 0 Abs: 0) [PASS]
2022-02-08 - House - House: Subcommittee recommends reporting with substitute (5-Y 3-N) (Y: 5 N: 3 NV: 0 Abs: 0) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2022-04-11 | Governor: Acts of Assembly Chapter text (CHAP0386) | |
| 2022-04-11 | Governor: Approved by Governor-Chapter 386 (effective 7/1/22) | |
| 2022-03-22 | Governor: Governor's Action Deadline 11:59 p.m., April 11, 2022 | |
| 2022-03-22 | House | Enrolled Bill communicated to Governor on March 22, 2022 |
| 2022-03-22 | House | Signed by Speaker |
| 2022-03-21 | Senate | Signed by President |
| 2022-03-21 | House | Bill text as passed House and Senate (HB734ER) |
| 2022-03-21 | House | Enrolled |
| 2022-03-12 | Senate | Conference report agreed to by Senate (25-Y 15-N) |
| 2022-03-12 | House | VOTE: Adoption (55-Y 39-N) |
| 2022-03-12 | House | Conference report agreed to by House (55-Y 39-N) |
| 2022-03-12 | House | Conference substitute printed 22107936D-H2 |
| 2022-03-12 | Conference: Amended by conference committee | |
| 2022-03-10 | Senate | Senators: Surovell, Bell, Stuart |
| 2022-03-10 | Senate | Conferees appointed by Senate |
| 2022-03-10 | House | Delegates: Bell, Leftwich, Delaney |
| 2022-03-10 | House | Conferees appointed by House |
| 2022-03-10 | House | House acceded to request |
| 2022-03-10 | Senate | Senate requested conference committee |
| 2022-03-10 | Senate | Senate insisted on substitute with amendment (40-Y 0-N) |
| 2022-03-09 | House | VOTE: Adoption (0-Y 98-N) |
| 2022-03-09 | House | Senate substitute with amendment rejected by House 22107370D-S1 (0-Y 98-N) |
| 2022-03-08 | Senate | Passed Senate with substitute with amendment (26-Y 13-N) |
| 2022-03-08 | Senate | Engrossed by Senate - committee substitute with amendment HB734S1 |
| 2022-03-08 | Senate | Amendment by Senator Surovell agreed to |
| 2022-03-08 | Senate | Reading of amendment waived |
| 2022-03-08 | Senate | Committee substitute agreed to 22107370D-S1 |
| 2022-03-08 | Senate | Reading of substitute waived |
| 2022-03-08 | Senate | Read third time |
| 2022-03-07 | Senate | Constitutional reading dispensed (38-Y 0-N) |
| 2022-03-04 | Senate | Passed by for the day |
| 2022-03-02 | Senate | Committee substitute printed 22107370D-S1 |
| 2022-03-02 | Senate | Reported from General Laws and Technology with substitute (9-Y 5-N 1-A) |
| 2022-02-16 | Senate | Referred to Committee on General Laws and Technology |
| 2022-02-16 | Senate | Constitutional reading dispensed |
| 2022-02-15 | House | VOTE: Passage (54-Y 45-N) |
| 2022-02-15 | House | Read third time and passed House (54-Y 45-N) |
| 2022-02-14 | House | Engrossed by House - committee substitute HB734H1 |
| 2022-02-14 | House | Committee substitute agreed to 22106405D-H1 |
| 2022-02-14 | House | Read second time |
| 2022-02-13 | House | Read first time |
| 2022-02-10 | House | Committee substitute printed 22106405D-H1 |
| 2022-02-10 | House | Reported from General Laws with substitute (12-Y 10-N) |
| 2022-02-08 | House | Subcommittee recommends reporting with substitute (5-Y 3-N) |
| 2022-01-21 | House | Assigned GL sub: Subcommittee #4 |
| 2022-01-11 | House | Referred to Committee on General Laws |
| 2022-01-11 | House | Prefiled and ordered printed; offered 01/12/22 22100814D |
Same As/Similar To
HB890 (Similar To) 2022-02-10 - Incorporated by General Laws
HB890 (Similar To) 2022-02-10 - Incorporated by General Laws
HB890 (Similar To) 2022-02-10 - Incorporated by General Laws
