VA SB1475 | 2021 | 1st Special Session

Note: Carry Over of previous SB1475

Status

Completed Legislative Action
Spectrum: Partisan Bill (Republican 1-0)
Status: Passed on March 1 2021 - 100% progression
Action: 2021-03-01 - Governor: Acts of Assembly Chapter text (CHAP0034)
Text: Latest bill text (Chaptered) [HTML]

Summary

Execution of search warrants; emergency. Provides that a search warrant for the search of any place of abode shall be executed by initial entry of the abode only in the daytime hours between 8:00 a.m. and 5:00 p.m. unless (i) a judge or a magistrate, if a judge is not available, authorizes the execution of such search warrant at another time for good cause shown by particularized facts in an affidavit or (ii) prior to the issuance of the search warrant, law-enforcement officers lawfully entered and secured the place to be searched and remained at such place continuously. The bill also provides that a law-enforcement officer shall make reasonable efforts to locate a judge before seeking authorization to execute the warrant at another time, unless circumstances require the issuance of the warrant after 5 p.m., in which case the law-enforcement officer may seek such authorization from a magistrate without first making reasonable efforts to locate a judge. The bill contains an emergency clause. Execution of search warrants; emergency. Provides that a search warrant for the search of any place of abode shall be executed by initial entry of the abode only in the daytime hours between 8:00 a.m. and 5:00 p.m. unless (i) a judge or a magistrate, if a judge is not available, authorizes the execution of such search warrant at another time for good cause shown by particularized facts in an affidavit or (ii) prior to the issuance of the search warrant, law-enforcement officers lawfully entered and secured the place to be searched and remained at such place continuously. The bill also provides that a law-enforcement officer shall make reasonable efforts to locate a judge before seeking authorization to execute the warrant at another time, unless circumstances require the issuance of the warrant after 5 p.m., in which case the law-enforcement officer may seek such authorization from a magistrate without first making reasonable efforts to locate a judge. The bill contains an emergency clause.

Tracking Information

Register now for our free OneVote public service or GAITS Pro trial account and you can begin tracking this and other legislation, all driven by the real-time data of the LegiScan API. Providing tools allowing you to research pending legislation, stay informed with email alerts, content feeds, and share dynamic reports. Use our new PolitiCorps to join with friends and collegaues to monitor & discuss bills through the process.

Monitor Legislation or view this same bill number from multiple sessions or take advantage of our national legislative search.

Title

Search warrants; date and time of issuance, exceptions.

Sponsors


Roll Calls

2021-02-19 - Senate - Senate: House amendments agreed to by Senate (38-Y 0-N) (Y: 38 N: 0 NV: 0 Abs: 1) [PASS]
2021-02-17 - House - House: VOTE: Block Vote Passage (99-Y 0-N) (Y: 99 N: 0 NV: 0 Abs: 1) [PASS]
2021-02-12 - House - House: Reported from Courts of Justice with amendment(s) (22-Y 0-N) (Y: 22 N: 0 NV: 0 Abs: 0) [PASS]
2021-02-10 - House - House: Subcommittee recommends reporting with amendments (7-Y 1-N) (Y: 7 N: 1 NV: 0 Abs: 0) [PASS]
2021-02-03 - Senate - Senate: Passed Senate (38-Y 1-N) (Y: 38 N: 1 NV: 0 Abs: 0) [PASS]
2021-02-03 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 0) [PASS]
2021-02-02 - Senate - Senate: Constitutional reading dispensed (36-Y 0-N) (Y: 36 N: 0 NV: 0 Abs: 3) [PASS]
2021-02-01 - Senate - Senate: Reported from Judiciary with substitute (14-Y 0-N) (Y: 14 N: 0 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2021-03-01 Governor: Acts of Assembly Chapter text (CHAP0034)
2021-03-01 Governor: Approved by Governor-Chapter 34 (effective 3/1/21)
2021-02-26 Governor: Governor's Action Deadline 11:59 p.m., March 31, 2021
2021-02-26SenateEnrolled Bill Communicated to Governor on February 26, 2021
2021-02-25HouseSigned by Speaker
2021-02-24SenateSigned by President
2021-02-24SenateBill text as passed Senate and House (SB1475ER)
2021-02-24SenateEnrolled
2021-02-19SenateHouse amendments agreed to by Senate (38-Y 0-N)
2021-02-17HouseVOTE: Block Vote Passage (99-Y 0-N)
2021-02-17HousePassed House with amendments BLOCK VOTE (99-Y 0-N)
2021-02-17HouseEngrossed by House as amended
2021-02-17HouseCommittee amendments agreed to
2021-02-17HouseRead third time
2021-02-16HouseRead second time
2021-02-12HouseReported from Courts of Justice with amendment(s) (22-Y 0-N)
2021-02-10HouseSubcommittee recommends reporting with amendments (7-Y 1-N)
2021-02-09HouseAssigned Courts sub: Criminal
2021-02-08HouseContinued to Special Session 1 in Courts of Justice by voice vote
2021-02-05HouseReferred to Committee for Courts of Justice
2021-02-05HouseRead first time
2021-02-05HousePlaced on Calendar
2021-02-03SenatePassed Senate (38-Y 1-N)
2021-02-03SenateConstitutional reading dispensed (39-Y 0-N)
2021-02-03SenateEmergency clause added
2021-02-03SenateEngrossed by Senate - committee substitute SB1475S1
2021-02-03SenateCommittee substitute agreed to 21104245D-S1
2021-02-03SenateReading of substitute waived
2021-02-03SenateRead second time
2021-02-02SenateConstitutional reading dispensed (36-Y 0-N)
2021-02-01SenateCommittee substitute printed 21104245D-S1
2021-02-01SenateReported from Judiciary with substitute (14-Y 0-N)
2021-01-22SenateReferred to Committee on the Judiciary
2021-01-22SenatePresented and ordered printed 21103588D

Same As/Similar To

SB1475 (Carry Over) 2021-02-08 - Continued to Special Session 1 in Courts of Justice by voice vote

Subjects


Code Citations

ChapterArticleSectionCitation TypeStatute Text
19256(n/a)See Bill Text

Virginia State Sources

TypeSource
Summaryhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+sum+SB1475
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+SB1475+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+SB1475S1+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+SB1475ER+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0034+hil
Amendmenthttps://committees.lis.virginia.gov/pdfs/drafts/21200144A.pdf
Amendmenthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+amd+SB1475AH
Amendmenthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+amd+SB1475AHE
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+S03C0110+SB1475
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SC0257SB1475+SB1475
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SC0285SB1475+SB1475
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SC0287SB1475+SB1475
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+H0801V0003+SB1475
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+H08V0013+SB1475
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+HV1641+SB1475
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SV0199SB1475+SB1475

Bill Comments

feedback