republic-os/legislation/us/states/va/2021/sb-1138.md

type, title, description, jurisdiction, legislature, session, identifier, citation, classification, subjects, status, primary_sponsors, version_count, action_count, vote_count, first_action, last_action, source, source_identifier, source_url, source_hash, vintage, source_snapshot, retrieved_at, confidence, tags

type	title	description	jurisdiction	legislature	session	identifier	citation	classification	subjects	status	primary_sponsors	version_count	action_count	vote_count	first_action	last_action	source	source_identifier	source_url	source_hash	vintage	source_snapshot	retrieved_at	confidence	tags
Bill	Sexually transmitted infections; infected sexual battery, penalty.	Sexually transmitted infections; infected sexual battery. Provides that any person who is diagnosed with a sexually transmitted infection and engages in sexual behavior that poses a substantial risk of transmission to another person according to current Centers for Disease Control and Prevention recommendations regarding such risk of transmission with the intent to transmit the infection to another person and transmits such infection to that person is guilty of infected sexual battery, punishable as Class 1 misdemeanor. Under current law, the crime of infected battery is punishable as a Class 6 felony. The bill also repeals the crime of donating or selling blood, body fluids, organs, and tissues by persons infected with human immunodeficiency virus and the provisions regarding the testing of certain persons for human immunodeficiency virus or hepatitis B or C viruses. The bill contains technical amendments.	us/states/va	Virginia General Assembly	2021	SB 1138	Virginia SB 1138 (2021)	bill		enacted	Jennifer L. McClellan Mamie E. Locke	5	62	14	2021-01-03	2021-03-31	openstates	ocd-bill/02f677b4-17ea-48bd-b9d1-5df40f0de3ca	https://lis.virginia.gov/cgi-bin/legp604.exe?212+sum+SB1138	ae1210fda7fcb60ad6d44a98b9e4af94a42cb7cc2426f8565f3ff970cf1eef2a	2026-07-01	https://data.openstates.org/daily/2026-07-01/public.pgdump	2026-07-06	reported	legislation bill us-va

Virginia SB 1138 (2021) — Sexually transmitted infections; infected sexual battery, penalty.

Sexually transmitted infections; infected sexual battery. Provides that any person who is diagnosed with a sexually transmitted infection and engages in sexual behavior that poses a substantial risk of transmission to another person according to current Centers for Disease Control and Prevention recommendations regarding such risk of transmission with the intent to transmit the infection to another person and transmits such infection to that person is guilty of infected sexual battery, punishable as Class 1 misdemeanor. Under current law, the crime of infected battery is punishable as a Class 6 felony. The bill also repeals the crime of donating or selling blood, body fluids, organs, and tissues by persons infected with human immunodeficiency virus and the provisions regarding the testing of certain persons for human immunodeficiency virus or hepatitis B or C viruses. The bill contains technical amendments.

Version chain

The bill's text revisions, in order — the diff chain from filing to enrollment.

1. CHAP0465 (committee substitute) — source
2. Printed as engrossed 21101066D-E (committee substitute) — source
3. SB1138 (committee substitute) — source
4. SB1138ER (committee substitute) — source
5. SB1138S1 (committee substitute) — source

Votes

• Conference report agreed to by Senate (23-Y 16-N) — 23–16 (pass) · upper
• Subcommittee recommends reporting with amendments (6-Y 1-N) — 6–1 (pass) · lower
• Reported from Courts of Justice with amendment(s) (14-Y 8-N) — 14–8 (pass) · lower
• Passed Senate (21-Y 17-N) — 21–17 (pass) · upper
• Reported from Judiciary (7-Y 5-N 2-A) — 7–5 (pass) · upper
• VOTE: Agreed To (55-Y 44-N) — 54–44 (pass) · lower
• Senate acceded to request (39-Y 0-N) — 39–0 (pass) · upper
• VOTE: Passage (56-Y 44-N) — 55–44 (pass) · lower
• Continued to Special Session 1 in Courts of Justice — 0–0 (fail) · lower
• Amendment by Senator McCLellan reconsidered (37-Y 0-N) — 37–0 (pass) · upper
• Constitutional reading dispensed (35-Y 0-N) — 35–0 (pass) · upper
• House amendments rejected by Senate (2-Y 37-N) — 2–37 (fail) · upper
• Engrossment reconsidered by Senate (36-Y 0-N) — 36–0 (pass) · upper
• Constitutional reading dispensed (37-Y 0-N) — 37–0 (pass) · upper

Sponsors

• Jennifer L. McClellan — primary (person)
• Mamie E. Locke — primary (person)
• Betsy B. Carr — cosponsor (person)
• Scott A. Surovell — cosponsor (person)

Timeline

The legislative action history — every referral, reading, and vote.

• 2021-01-03 Prefiled and ordered printed; offered 01/13/21 21101066D introduction
• 2021-01-03 Introduced bill reprinted 21101066D
• 2021-01-03 Referred to Committee on the Judiciary referral-committee
• 2021-01-18 Impact statement from DPB (SB1138)
• 2021-01-27 Reported from Judiciary (7-Y 5-N 2-A) committee-passage
• 2021-01-29 Constitutional reading dispensed (35-Y 0-N)
• 2021-02-01 Passed by for the day
• 2021-02-02 Senate committee, floor amendments and substitutes offered
• 2021-02-02 Read second time reading-2
• 2021-02-02 Reading of amendment waived
• 2021-02-02 Amendment by Senator McClellan agreed to amendment-passage
• 2021-02-02 Engrossed by Senate as amended SB1138E
• 2021-02-02 Printed as engrossed 21101066D-E
• 2021-02-03 Impact statement from DPB (SB1138E)
• 2021-02-03 Passed by for the day
• 2021-02-04 Passed by for the day
• 2021-02-05 Senate committee, floor amendments and substitutes offered
• 2021-02-05 Floor substitute printed 21104447D-S1 (McClellan)
• 2021-02-05 Engrossment reconsidered by Senate (36-Y 0-N)
• 2021-02-05 Amendment by Senator McCLellan reconsidered (37-Y 0-N)
• 2021-02-05 Amendment by Senator McCLellan rejected amendment-failure
• 2021-02-05 Reading of substitute waived
• 2021-02-05 Substitute by Senator McCLellan agreed to 21104447D-S1
• 2021-02-05 Engrossed by Senate - floor substitute SB1138S1
• 2021-02-05 Constitutional reading dispensed (37-Y 0-N)
• 2021-02-05 Passed by temporarily
• 2021-02-05 Passed Senate (21-Y 17-N) passage
• 2021-02-07 Placed on Calendar
• 2021-02-07 Read first time reading-1
• 2021-02-07 Referred to Committee for Courts of Justice referral-committee
• 2021-02-08 Continued to Special Session 1 in Courts of Justice
• 2021-02-09 Assigned Courts sub: Criminal referral-committee
• 2021-02-10 Impact statement from DPB (SB1138S1)
• 2021-02-10 Subcommittee recommends reporting with amendments (6-Y 1-N)
• 2021-02-12 Reported from Courts of Justice with amendment(s) (14-Y 8-N) committee-passage
• 2021-02-16 Read second time reading-2
• 2021-02-17 Passed by for the day
• 2021-02-18 Passed by for the day
• 2021-02-19 Read third time reading-3
• 2021-02-19 Passed by temporarily
• 2021-02-19 Committee amendments agreed to
• 2021-02-19 Amendment by Delegate Roem agreed to amendment-passage
• 2021-02-19 Engrossed by House as amended
• 2021-02-19 Passed House with amendments (56-Y 44-N) passage
• 2021-02-19 VOTE: Passage (56-Y 44-N)
• 2021-02-23 House amendments rejected by Senate (2-Y 37-N)
• 2021-02-24 House insisted on amendments
• 2021-02-24 House requested conference committee
• 2021-02-25 Senate acceded to request (39-Y 0-N)
• 2021-02-25 Conferees appointed by Senate
• 2021-02-25 Conferees appointed by House
• 2021-02-27 Amended by conference committee
• 2021-02-27 Conference report agreed to by House (55-Y 44-N)_
• 2021-02-27 VOTE: Agreed To (55-Y 44-N)
• 2021-02-27 Conference report agreed to by Senate (23-Y 16-N)
• 2021-03-09 Enrolled
• 2021-03-09 Signed by President
• 2021-03-10 Impact statement from DPB (SB1138ER)
• 2021-03-11 Signed by Speaker
• 2021-03-15 Enrolled Bill Communicated to Governor on March 15, 2021
• 2021-03-15 Governor's Action Deadline 11:59 p.m., March 31, 2021
• 2021-03-31 Approved by Governor-Chapter 465 (effective 7/1/21) executive-signature

Source

OpenStates / OpenCivicData bulk snapshot 2026-07-01; origin ocd-bill/02f677b4-17ea-48bd-b9d1-5df40f0de3ca. Confidence: reported (aggregated from official Virginia legislature records).